2017-12-06 11:50:13 UTC
Supreme Court Justice Anthony Kennedy said during oral arguments on Tuesday
that Colorado did not appear to show religious tolerance when it used its
public accommodations law to force baker Jack Phillips to create speech via
a custom cake for a same-sex wedding that defies his religious beliefs.
The line of questioning garnered attention because Kennedy often serves as
the divided high court's key swing vote, and a split vote could form again
in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission.
Kennedy pointedly criticized Colorado for not being "tolerant" of Phillips'
"Tolerance is essential in a free society. And tolerance is most meaningful
when it's mutual," Kennedy said. "It seems to me that the state in its
position here has been neither tolerant nor respectful of Mr. Phillips'