He was elected to serve as a family court circuit judge in Fayette County, Kentucky in 2004, and again in 2006 and 2014, in the latter case with a term expiring in January 2023.
[2][independent source needed] As a judge, Philpot has been criticized for writing opinion pieces on the law surrounding same-sex marriage[3][4] but has also been defended as not being someone to allow his social views to influence his judicial decisions.
[2][independent source needed] His father was a minister in the United Methodist Church and the producer of The Story, the first religious television program broadcast in color.
[1][independent source needed] The Lexington Herald Leader, while frequently disagreeing with Philpot's positions, described him as "one of the ten best" legislators in 1992, writing that "there should be room on the list for 'a man with a conscience.
"[9][independent source needed] Philpot is staunchly conservative in social policy areas, described at times as "crazy" by opponents and regularly "the subject of editorial cartoons for his stances against abortion and pornography and his sermons on the floor of the General Assembly.
"[12][dead link] Philpot has expressed controversial views on LGBT issues, including as an outspoken critic of the legalization of same-sex marriage.
Further, "the possibility that a case involving these issues could arise in Philpot's court underscores the primary error of his column: he has undermined his own judicial integrity.
"[17] Coffman also criticized Philpot for dismissing principles of judicial interpretation as "boring and technical" and for ridiculing judicial review with his observation that then-Chief Judge Vaughn Walker's declaration in the first instance that Proposition 8 was unconstitutional was: "One trial judge trumped every voter in California"[3][4][better source needed]–and for gratuitously mentioning Walker's sexuality.
[17] Coffman concluded that "Philpot might have foreclosed his ability to sit on any case involving gay marriage because his comments raise a question of bias on the topic of sexual orientation.
[5] Speaking of his religious views, Philpot has stated that "I don't mention Jesus inside the courthouse very much, even when I know he is absolutely the only answer to the problem in front of me.
[5] As a family court judge, Philpot has presided over a considerable number of cases involving relationship breakdown, which often end in a divorce on the grounds of a marriage being "irretrievably broken.