One commissioner in particular, Justice Kennedy wrote, had crossed the line in saying that “freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the Holocaust.”

Justice Kennedy wrote that “this sentiment is inappropriate for a commission charged with the solemn responsibility of fair and neutral enforcement of Colorado’s anti-discrimination law.”


The above statement that Kennedy is ruffled about is an correct statement of fact, as any historian of religion could testify. It is not a “sentiment.” One could also, say, accurately, that religion has been a great force for good. However, I doubt Kennedy would have had a problem with that particular “sentiment.”

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