The Arizona Supreme Court ruled against a stationery store that didn’t want to participate in same-sex weddings and based its decision, in part, on the U.S. Supreme Court’s Masterpiece Cake ruling that was handed down earlier this week. Masterpiece Cake found that a baker didn’t have to make a cake for a gay couple.

Brush & Nib Studio sued the city of Phoenix, which has a nondiscrimination ordinance that includes sexual orientation. The company asks to be exempt from participating in same-sex weddings on religious grounds.

The court notes that in the Masterpiece Cake case, Justice Kennedy wrote, “a wedding cake, in some circumstances, may convey a particularized message celebrating same-sex marriage, and in such cases, First Amendment speech protections may be implicated.”

The Arizona court responds, “We are unpersuaded by this argument.” The judges agree that being forced to write certain words might violate a person’s religious beliefs.

“The case before us is one of a blanket refusal of service to the LGBTQ community and not a First Amendment challenge to a specific message requested by a specific customer,” they wrote. “Simply stated, if Appellants, as an economic entity, want to operate their for-profit business as a public accommodation, they cannot discriminate against potential patrons based on sexual orientation.”

So if the company was suing to keep from writing a particular message, the court might find in its favor. But to opt out of addressing envelopes, for example, because they’re being purchased by a same-sex couple isn’t legal. They said the merchandise designed for a same-sex wedding would be indistinguishable to the public from merchandise designed for an opposite-sex wedding and went further than just addressing envelopes, but included the message on an invitation:

“Take for instance an invitation to the marriage of Pat and Pat (whether created for Patrick and Patrick, or Patrick and Patricia), or Alex and Alex (whether created for Alexander and Alexander, or Alexander and Alexa). This invitation would not differ in creative expression.”

Although the Masterpiece Cake decision was seen as a loss for the LGBT community, it’s interesting that the first decision issued using that ruling found in favor of equality.

The entire ruling may be seen here.

— David Taffet