Issues: Litigation Center

In the Courts

Center for Arizona Policy (CAP) has been involved in the passage of 151 bills to date; however, the fight to defend life, marriage and family, and religious freedom does not end with the governor’s signature on a bill. Our opponents continue to file lawsuits challenging CAP-supported laws in order to prevent them from being enforced.

CAP’s Involvement

CAP’s involvement in these lawsuits is usually one of support, and we are often used as a resource for compiling legislative history, expert testimony, and research. Additionally, CAP continues to be in a position to submit amicus briefs (friend of the court briefs), which allow for CAP’s voice to be heard in these court battles.

CAP Supported Legislation Being Litigated

There are currently no CAP-supported laws being litigated.

Key Cases to Watch

Brush & Nib v. City of Phoenix

Issue: Whether the City of Phoenix ordinance that criminalizes acting on one’s beliefs that marriage is only the union of one man and one woman violates the Arizona Constitution’s Free Speech Clause and the Arizona Religious Freedom Restoration Act?

Current Status:
The Brush & Nib case is pending before the Arizona Court of Appeals after Maricopa County Superior Court Judge Karen Mullins denied their motion for a preliminary injunction.

For additional information:
https://www.adflegal.org/detailspages/case-details/brush-nib-studio-v.-city-of-phoenix
http://www.heritage.org/research/commentary/2016/12/a-new-defense-for-religious-liberty-going-on-offense-against-bad-laws

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