Higher authorities; religious faith ordinarily is a personal matter. But for judges citing those beliefs in the courtroom, questions of bias are inevitable.

Critics contend that judges who use religion as a partial basis for their opinions may be overstepping their authority, demonstrating bias or violating the First Amendment line of a wall between church and state. These judicial actions come at a time of common belief in a general lack of morals and personal character that only religion can change. Some judges see their religious values as operating subconsciously and say deliberate usage of religion in crafting a judicial opinion is rare. Recusal for religious reasons has even been known to happen.