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Masterpiece case used by AZ court to reject anti-LGBTQ discrimination
From news releases
2018-06-07

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From a NCLR news release:

PHOENIX—The Arizona Court of Appeals today correctly relied on this week's U.S. Supreme Court decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission to reject anti-LGBTQ discrimination by a business that designs and sells wedding invitations in Brush & Nib Studio, LC v. City of Phoenix.

National Center for Lesbian Rights ( NCLR ) Legal Director Shannon Minter issued the following statement in response:

"This week's Supreme Court decision in Masterpiece Cakeshop addressed a unique situation specific to the facts in that case. It did not dilute anti-LGBTQ discrimination protections and in fact reaffirmed their importance. With regard to race, sex, sexual orientation or any other protected trait, a business can decide what products it sells—but not to whom. Today's Arizona appeals court decision correctly relied upon Masterpiece Cakeshop to ensure that businesses understand that they cannot turn people away from the products or services they provide because of who they are or take actions equivalent to hanging a 'no gays allowed' sign in the window."

ACLU Reaction to Arizona Appeals Court Ruling in Discrimination Case:

NEW YORK — The Arizona Court of Appeals today ruled against a business claiming a First Amendment right to deny service to same-sex couples.

The case, Brush and Nib v. City of Phoenix, involves a calligraphy business that turned away same-sex couples who had wanted access to the same services the calligraphy business would provide to heterosexual couples. The business claimed that Phoenix's anti-discrimination ordinance compelled them to create messages in violation of their First Amendment right to free expression.

Joshua Block, staff attorney with the ACLU, had the following reaction:

"The Arizona court today rightly ruled that businesses open to the public must be open to all and cannot discriminate against potential customers based on who they are: in this case, members of the LGBT community. Importantly, the Arizona court also applied the Supreme Court's Monday decision in Masterpiece Cakeshop here, affirming once again the importance of laws protecting the dignity of LGBT people in the public marketplace.

"We will continue to fight the dangerous notion that businesses have a constitutional right to discriminate in courts, in legislatures, and beyond. This decision in Arizona helps affirm that discrimination has no place in businesses open to the public, nor in our Constitution."


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