When ‘Neutrality’ Toward Religion Fosters Religious Discrimination

March 8, 2019

By: Jeremy Dys, Deputy General Counsel for First Liberty Institute

Jack Phillips’ long ordeal appears to be over. After years of litigation and unnecessary protests, including a trip to the U.S. Supreme Court, Jack can return to being a cake artist without being forced to choose between his faith and his livelihood.

The precedent Jack set in Masterpiece Cakeshop v. Colorado Civil Rights Commission is valuable, both to him and to others. Writing for the Court’s majority, Justice Anthony Kennedy explained, “It hardly requires restating that government has no role in deciding or even suggesting whether the religious ground for Phillips’ conscience-based objection is legitimate or illegitimate.”

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