A preemptive step to avoid fines, possible jail time

Friday, November 30, 2018
 | 
Chris Woodward (OneNewsNow.com)

Brush & Nib (artists)Two Christian business owners in Phoenix are hoping their legal challenge to a local ordinance will usher in a happy new year for them.

Artists Joanna Duka and Breanna Koski (pictured) believe in traditional, biblical marriage – a belief that brought them into conflict with a Phoenix ordinance as owners of Brush & Nib Studio in the capital city (see more details on this case). The Arizona Supreme Court will decide in January whether to rule in favor of Duka and Koski – or uphold a lower court's ruling that says the artists must comply with an ordinance that requires they do artwork for all weddings, regardless of their religious objections.

The attorney representing Duka and Koski explains this is a preemptive challenge – meaning the artists are challenging this ordinance before they're found guilty of violating the ordinance, which requires fines and even jail time for guilty parties.

Waggoner

"In terms of pre-enforcement challenges, this has been used in the Civil Rights-era many, many times, because Americans shouldn't have to wait to be thrown in jail before they can challenge an unjust law," said attorney Kristen Waggoner of Alliance Defending Freedom during an interview Thursday on Fox & Friends (see below).

Eric Fraser, the attorney representing Phoenix, says the artists in question want the court system to give them a "blank check" to refuse service to any same-sex couple that is requesting wedding products.

"There is no principled way to distinguish between discrimination on the basis of sexual orientation versus discrimination on other basis such as race or even religion," he continues in statements shared by both Arizona-based KJZZ and Fox & Friends. But that argument is just "flat wrong," says Waggoner.

"If the free speech guarantees mean anything, they protect the author's pen and the painter's brush – and this old, tired analogy to race is just a bankrupt analogy that the U.S. Supreme Court has rejected not once but twice: in the Obergefell same-sex marriage decision as well as in the Masterpiece Cakeshop decision," she explained to Fox & Friends. "They serve everyone [but] they don't express all messages – and that's critical distinction."

Fox & Friends interview with Waggoner, Duka, and Koski

Comments

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved. More details

FEATURED PODCAST

SIGN UP FOR OUR DAILY NEWSBRIEF

SUBSCRIBE

VOTE IN OUR POLL

Just once, I'd like to see the secular media …

CAST YOUR VOTE

GET PUSH NOTIFICATIONS

SUBSCRIBE

LATEST AP HEADLINES

Curfews ordered in more than dozen US cities
Protests heat up across US, governors call in National Guard
FBI says its top lawyer is leaving the bureau
‘Back in the game’: SpaceX ship blasts off with 2 astronauts
National Guard summoned to aid cities amid police clashes
Pentagon puts military police on alert to go to Minneapolis
What’s behind latest India-China border tension

LATEST FROM THE WEB

Trump says will not allow mob violence to rule
Knife-wielding woman shot and killed by police, days after her brother was arrested for ISIS terror plot
Opinion — Andrew McCarthy: Laws against rioting and terrorism must be enforced against Antifa and other violent radicals
Supreme Court rejects challenge to limits on church services; Roberts sides with liberals
In unusual move, US embassies in Africa speak up on Floyd

CARTOON OF THE DAY

Cartoon of the Day
NEXT STORY
Church steps in to defend IRS in lawsuit

IRS building in WDCA church in the D.C.-area is coming to the defense of an unusual source, the IRS.