Faithwire
  • Watch
  • Go!
  • Podcasts
  • Newsletter
  • Contact Us
  • Facebook
  • Twitter
  • YouTube
  • Instagram
  • SCOTUS
  • Life
  • Religious Liberty
  • News
  • Politics
  • Faith
  • Opinion

Judge Napolitano Says SCOTUS Ruling in Same-Sex Wedding Cake Case Is ‘Dangerous’

Image source: YouTube/Fox News Insider
Image source: YouTube/Fox News Insider
Share Tweet
By Will Maule
Author

June 6, 2018

Former superior court judge and columnist Andrew Napolitano has described the Supreme Court ruling in favor of Christian baker Jack Phillips as “dangerous.” On Monday, the highest court in the United States ruled 7-2 in favor of Jack Phillips and his claim that forcing him to bake a cake would violate his religious beliefs.

BREAKING: Stunning Supreme Court Victory for Christian Baker Who Refused to Make Gay Wedding Cake

“The state of Colorado enforces its own version of its own civil rights laws which says that you cannot discriminate if you have a public accommodation, on the basis of sexual orientation,” Napolitano told Fox News Insider. “The baker says ‘my discrimination is rooted in my religious beliefs.’ The Supreme Court found that the state of Colorado has a duty under the First Amendment to be scrupulously neutral in religious beliefs, but yet, they were not neutral, they were hostile to the Christian belief that marriage is between one man and one woman.”

Napolitano elaborated on why this particular ruling was so unique.

“With respect to this case and this case only, the baker prevails because the baker’s decision not to bake the cake is rooted in his religious beliefs,” he explained

The former New Jersey judge expressed his concern over the ruling being used as legal precedent for others to cite when discriminating against customers. “I think this is a dangerous decision,” he said. “Because it will allow others to say ‘my religious beliefs prohibit me from dealing with women, or Italians or African Americans, and they will base it on the logic in this case.”

Napolitano added that he was shocked the decision was not closer. “I thought it would be 5-4,” he said.

While it’s a big win for Phillips and certainly better than a loss, the ruling didn’t quite become the standard for all future similar legal cases. Media headlines describing “narrow” are technically correct, but not being explained well and leaving the impression that this was a close ruling. It wasn’t, but the legal precedent it sets was.

https://twitter.com/WorldOfStu/status/1003648770360397826?ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2Fwww.faithwire.com%2F2018%2F06%2F04%2Fbreaking-stunning-supreme-court-victory-for-christian-baker-who-refused-to-make-gay-wedding-cake%2F

Justice Kennedy delivered the opinion of the court:

“Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission’s consideration of this case was inconsistent with the State’s obligation of religious neutrality. The reason and motive for the baker’s refusal were based on his sincere religious beliefs and convictions. The Court’s precedents make clear that the baker, in his capacity as the owner of a business serving the public, might have his right to the free exercise of religion limited by generally applicable laws,” he wrote.

“Still, the delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the balance the State sought to reach. That requirement, however, was not met here. When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires. Given all these considerations, it is proper to hold that whatever the outcome of some future controversy involving facts similar to these, the Commission’s actions here violated the Free Exercise Clause; and its order must be set aside.”

You can read the full opinion of the court HERE.

(H/T: Fox News Insider)

Latest

  • Faith

    CeCe Winans Reveals ‘The One Thing’ She’d Do Differently as a Parent: ‘If I Could Go Back’

  • News

    Hollywood Actor’s ‘Demonic Attack,’ ‘Insane’ God Encounter Shock Him Into Belief

  • News

    ‘God Still Heals’: Mike Signorelli on Fighting the Demonic, Seeing Miracles — and More

  • Faith

    Tim Tebow Foundation, Nonprofit Team Up to Rescue More Than 70 Missing Children

  • News

    School Reportedly Bans Student From Performing Christian Songs at Talent Show — Then Reverses Course


Sponsored
Sponsored

Newsletter
Signup

  • This field is for validation purposes and should be left unchanged.

Recent Posts

  • CeCe Winans Reveals ‘The One Thing’ She’d Do Differently as a Parent: ‘If I Could Go Back’
  • Hollywood Actor’s ‘Demonic Attack,’ ‘Insane’ God Encounter Shock Him Into Belief
  • ‘God Still Heals’: Mike Signorelli on Fighting the Demonic, Seeing Miracles — and More
  • Tim Tebow Foundation, Nonprofit Team Up to Rescue More Than 70 Missing Children
  • School Reportedly Bans Student From Performing Christian Songs at Talent Show — Then Reverses Course

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016

Categories

  • Christian Persecution
  • Coronavirus
  • culture
  • Culture
  • Entertainment
  • Faith
  • Faith
  • Family
  • George Floyd
  • Go!
  • Israel
  • Life
  • Life
  • Lifestyle
  • Media
  • Men
  • Mission Haiti
  • News
  • News
  • Opinion
  • P.O.V
  • Politics
  • Politics
  • Roe
  • Sponsored
  • Sports
  • Virtue
  • Women

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Navigation

  • Watch
  • Go!
  • Podcasts
  • Newsletter
  • Contact Us
  • Staff
  • Privacy Policy
  • Terms of Service

Follow Us

  • Facebook
  • Twitter
  • YouTube
  • Instagram

Subscribe to the Newsletter

Sign up to get our newsletter your inbox every day.

  • This field is for validation purposes and should be left unchanged.

Newsletter Signup

Do you want to read
more articles like this?

  • This field is for validation purposes and should be left unchanged.