Joanna Duka and Breanna Koski, the owners of Brush & Nib studio, filed the legal complaint in May against a Phoenix nondiscrimination ordinance, reports Opposing Views.

The Phoenix ordinance makes it illegal for people to discriminate based on sexual orientation in public places, the work place and housing.

Breaking the law comes with the penalty of six months in jail and a $2,500 fee for every day a person disobeys the law.

Judge Karen Mullins denied their request for a preliminary injunction and said the pair was unlikely to win the case. She also wrote in her ruling that the owners are only being banned from refusing service to same-sex people.

“Plaintiffs confuse conduct with expressive speech. The ordinance only precludes Plaintiffs from refusing to sell products or provide services to same-sex couples and from stating that same-sex couples are unwelcome as customers,” Mullins wrote.

Mullins ruled that it was “absurd” for them to think that writing a wedding invitation was the same as endorsing a same-sex marriage.

Duka and Koski, represented by the Alliance Defending Freedom (ADF), had argued that the law represented “compelled speech” and violated their religious freedom.

“Artists shouldn’t be threatened with jail time and other penalties simply for making art that is consistent with their beliefs. That’s why we asked the court to suspend enforcement of the Phoenix ordinance against our clients while their case goes forward,” ADF attorney Jonothan Scruggs said in a press release.

Scruggs noted that he would consult with Duka and Koski about possibly appealing the court’s decision.

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