Brush & Nib v. City of Phoenix

Summary

The court held that the City could not apply its public-accommodations ordinance to compel Brush & Nib to create custom wedding invitations materially similar to those in the record that celebrate same-sex weddings, because the invitations and their creation constitute protected pure speech and the application of the ordinance fails strict scrutiny. The court also held that the challenge was ripe as to those invitations because the plaintiffs faced a credible threat of prosecution and a chilling injury, but unripe as to other custom products presenting insufficiently developed factual scenarios. The court further applied FERA's substantial-burden framework and concluded that the ordinance substantially burdened the plaintiffs' sincere religious exercise by coercing them to create messages contrary to their beliefs. The opinion's stated disposition was partial reversal and partial vacatur.