Judge Napolitano on ‘Profoundly Unconstitutional’ AZ Bill: Gov’t Can’t Act ‘Based on Hatred’

Fox News’ Judge Andrew Napolitano came out strongly against the Arizona discrimination bill during an appearance Monday on Fox News Radio with Tom Sullivan. Napolitano said the free exercise of religion is only limited to the exercise of religious ceremony and doesn’t include business, and on top of that, the government has no business doing things “based on hatred or stereotypes.”

Napolitano noted how, years ago, businesses could discriminate on the basis of nearly everything, from gender and religion to race and ethnicity (like those infamous “No Irish Need Apply” signs). He said that it’s one thing for a priest to be able to refuse to marry a gay couple, but if people are allowed to invoke religion to get a free pass outside of religious ceremony, the logical endpoint is someone saying “my religion prohibits me from paying taxes or obeying the speed limits.”

Napolitano called the law “profoundly unconstitutional” and argued what the Arizona law does is encourage hatred:

“Government can’t do things based on hatred or stereotypes. So to permit someone to refuse to serve a birthday cake or a wedding cake to a gay person, but to compel them to serve that wedding cake to a straight person, is playing into stereotypes and hatred and the Constitution prohibits government from doing that.”

Listen to the audio below, via The Tom Sullivan Show:

[photo via screengrab]

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Follow Josh Feldman on Twitter: @feldmaniac

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