Cruz described the brief as containing “strong and even incendiary language” regarding the Bakers’ Catholic faith, and said that she had a “marked hostility” towards religious liberty.
“How might a litigant in the Second Circuit have any confidence that as a judge you would actually follow the law, and in particular, honor the religious liberty protections in the Constitution,” asked Cruz.
Robinson explained to Cruz that the case was 30 years ago, during her first year of law practice in the state of Vermont. Her client, she said, claimed that she had been discriminated against as a Catholic who was in favor of abortion rights.
“In particular, she had asked to print cards for Vermont Catholics for Free Choice,” said Robinson. “Her contention was that the Bakers said ‘we won’t print these cards because we don’t think Catholics can be for choice.’ She brought a claim for discrimination on the basis of creed.”
Robinson acknowledged that Paquette would not have had a case had the Bakers refused to print the cards because of their opposition to abortion, and not because of their religious beliefs.
Cruz pressed Robinson further, asking her if she was effectively arguing that the Vermont Supreme Court should have been able to rule on how the Baker family decided to interpret their faith.
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