Religion Law Quiz #28 (Factors for Determining Government Neutrality)

Religion Law Quiz #27 noted that the Supreme Court ruled in favor of baker Jack Phillips in Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n because the Colorado Civil Rights Commission had not been religiously neutral in its determination.  What were the factors that the Supreme Court cited that are relevant to the assessment of government neutrality? 

 

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The Supreme Court stated:

 

Factors relevant to the assessment of governmental neutrality include the historical background of the decision under challenge, the specific series of events leading to the enactment or official policy in question, and the legislative or administrative history, including contemporaneous statements made by members of the decisionmaking body.

 

Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n, 201 L. Ed. 2d 35, 138 S. Ct. 1719, 1731 (2018) (citation omitted).

 

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