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Mullins also denied an earlier request to prevent Phoenix from enforcing the ordinance. Duka and Koski appealed both decisions to the Arizona Court of Appeals. Artists Joanna Duka and Breanna Koski (left) are challenging Phoenix's anti-discrimination ordinance, they talked with the media about their case following oral arguments at the Arizona Court of Appeals on Apr. 23, 2018 in Phoenix, Ariz. On Monday morning, a three-judge appeals court panel watched the lawyers for the city and the artists paint divergent pictures of the legal issues at play in the case. Jonathan Scruggs of Alliance Defending Freedom argued that Duka and Koski would have no problem selling premade artwork to LGBT customers, but they just "won't promote same-sex marriage" by designing custom wedding materials for their nuptials. Writing the names of two men or two women on an invitation, or producing specialized artwork for the express purpose of a same-sex wedding would be the same as endorsing the wedding, Scruggs said. Forcing the artists to make these products would be "compelled speech" and illegal, he said. He said the women's actions are not discriminatory because their decision not to serve LGBT customers is based on the message they're being asked to create, not the sexual orientation of the individual requesting the services. For example, if a heterosexual woman came to the Brush & Nib Studio and asked the artists to design invitations for her son's same-sex wedding, he said they also would deny that request. "It's not who walks in the door, it's the message they're asked to create," Scruggs told the judges. He said the artists' decision to not create specialized artwork for same-sex weddings is no different than a Muslim printer refusing to print materials for a synagogue, a lesbian web designer refusing to create a website condemning gay rights or an atheist signer declining to perform at an Easter service. Attorney Eric Fraser, who argued on behalf of Phoenix, disagreed. He said Duka and Koski's opposition is about "who is getting married — not the message." He said the women decide whether to serve a couple based solely upon their gender — not the message they want to convey on the invitations.
For the original version including any supplementary images or video, visit https://www.azcentral.com/story/news/local/phoenix/2018/04/24/court-hears-appeal-do-phoenix-wedding-invitation-designers-have-serve-gay-couples/540241002/