The lawsuit, filed Wednesday in Maricopa County Superior Court by the Freedom From Religion Foundation, alleges Brewer's actions violated the state's constitution. The lawsuit focuses on two areas of the state constitution that provide that no public money or property should be appropriated for or applied to any religious worship, exercise or instruction; and that residents should ever be "molested" on account of his or her religious worship - or lack of worship.

The lawsuit was filed in Superior Court in response to the December decision by a U.S. District Court judge who threw out a similar federal lawsuit. In her dismissal order, Judge Roslyn Silver said the plaintiffs lacked standing to sue because they could not show how the governor's actions caused them injury or harm.