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Local Phoenix Issue

Should artists be allowed to decline custom orders if they disagree with the client’s #sexualorientation? 

The City of Phoenix has an equal opportunity ordinance that states that businesses cannot discriminate against people based on their sexual orientation. The owners of a custom wedding stationery business filed a lawsuit against the city, claiming that forcing them to create artwork for same-sex couples violated their freedom of speech and religious practice. In 2019, after a three-year legal battle, the Arizona Supreme Court agreed.

The designers argued that compelling them to create custom art for LGBT ceremonies would, in effect, be the same as forcing their tacit approval. The court ruled that "an individual has autonomy over his or her speech and thus may not be forced to speak a message he or she does not wish to say." The City of Phoenix was ordered to reimburse more than $136,000 in legal fees paid by the artists.

The rights of the stationery designers are protected by both the First Amendment and Arizona Constitutional Law, and the same is true of same-sex couples. Some people believe that given the equal opportunity ordinance, artists should not be allowed to deny business with potential customers based on disagreement with their religious beliefs. Others maintain that while business owners are not allowed to refuse to work for LGBT clients, forcing them to create material promoting same-sex relationships violates the artists' #FirstAmendment rights.

The question up for debate: Should artists be allowed to decline custom orders if they disagree with the client's #sexualorientation? 

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