Title : Justice Kennedy — in the oral argument in Masterpiece Cake — "the state has been neither tolerant or respectful."
link : Justice Kennedy — in the oral argument in Masterpiece Cake — "the state has been neither tolerant or respectful."
Justice Kennedy — in the oral argument in Masterpiece Cake — "the state has been neither tolerant or respectful."
From the Wall Street Journal's excellent coverage:Justice Anthony Kennedy told a lawyer for the state that tolerance is essential in a free society, but it’s important for tolerance to work in both directions. “It seems to me the state has been neither tolerant or respectful” of the baker’s views, he said....I think this suggests that Justice Kennedy (who is potentially the deciding vote), will side with the cake-maker.
Justice Kennedy [asked the lawyer for the state about] comments made by one commissioner on the Colorado Civil Rights Commission who said it was “one of the most despicable pieces of rhetoric” for people to use their religion to hurt others. The justice makes clear he’s troubled by the statement and asks if the state disavows it.
Mr. Yarger said he wouldn’t counsel a client to make a statement like that. Pressed further by Justice Kennedy, he then says, yes, he disavows it.
Justice Kennedy and Justice Gorsuch then go on to ask what the court should do with the case if it believed at least some members of the state civil rights commission had demonstrated hostility toward religion....
But to go off in another direction, I see how this relates to President Trump's travel ban. Should courts look at evidence that a government decision-maker expressed hostility toward religion as they judge a governmental action that does not, on its face, discriminate against religion?
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