Even though the Supreme Court ruled in favor of the Masterpiece Cakeshop and freedom of religion, that hasn’t stopped some lesser courts from not following suit.
In 2016, caligraphers Joanna Duka and Breanna Koski filed suit against the city of Phoenix claiming that the city’s anti-discrimination ordinance violated their religious beliefs by forcing them to service same-sex weddings.
Duka and Koski were not sued by a same-sex couple like the Masterpiece Cakeshop bakery but sued Phoenix before they would possibly be punished by the anti-discrimination ordinance.
The Maricopa County Superior Court ruled in the city’s favor and said that Duka and Koski could be compelled by the government to service same-sex weddings.
Violating the ordinance could result in up to six months in jail, three years of probation for each violation, and $2,500 in fines.
The two women could also be prosecuted if they publish a statement on their site that explains how their religious convictions prohibit them from providing service to a same-sex wedding.
The same organization that defended the Masterpiece Cakeshop, the Alliance Defending Freedom, is defending the two women. Their case is now being appealed to the Arizona Supreme Court.
The Supreme Court’s Masterpiece Cakeshop decision did leave room for interpretation but if Duka and Koski’s case makes it to the highest court, further clarification may be added, this time perhaps with the help of new SCOTUS nominee Brett Kavanaugh.