Fox’s Napolitano: Arizona’s Anti-Gay Segregation Law Is “Profoundly Unconstitutional”

February 25, 2014 1:54 pm ET

From the February 24 edition of Fox News Radio’s Tom Sullivan Radio Show:

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NAPOLITANO: In my opinion, this legislation is, in this era, profoundly unconstitutional. The Supreme Court has ruled in [Romer v. Evans], a Supreme Court case involving a resolution of a city, an ordinance of a city in Colorado which prohibited entities from protecting gays – it didn’t discriminate against them but it said you can’t give them added protection – and the Supreme Court said the government can’t make distinctions like that. 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 plain stereotypes and hatred and the Constitution prohibits government from doing that.


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