Church Elder Paul Newby defines his decision-making process:
So, I think most importantly, it is as I said, conscientiously before God, I will perform the duties of my office. And certainly I understand whether it's Jefferson in the Declaration of Independence, whether it's the preamble to our state constitution ... 'all' means all, and our rights come not from the government, or the Bill of Rights or the Constitution, but our rights come from our creator."
In Western civilization anyway, most of the rights we attribute to a free society weren't really formulated until the 16th Century. They might have been developed sooner, but religious leaders of the time worked hand-in-hand with monarchs to preserve their respective power bases. Not to mention, if those rights did come from the Creator, why did this entity wait for 1,500+ years to put them in place? And what about these "rights":
As for the male and female slaves whom you may have, it is from the nations around you that you may acquire male and female slaves. You may also acquire them from among the aliens residing with you, and from their families that are with you, who have been born in your land; and they may be your property. You may keep them as a possession for your children after you, for them to inherit as property. These you may treat as slaves, but as for your fellow Israelites, no one shall rule over the other with harshness.
Leviticus 25:44-46 (NRSV)
It is apparent from numerous sources that Justice Newby is a very religious man, and it's also apparent he believes that religion to be a (legitimate) guiding principle in not only his personal life, but his professional life as well.
Making him unfit to preside in judgment for any secular court, much less the highest court in the state.