Religious Test for Judges?

A new question has come up about who is fit to serve as a judge in American courts. The Senate Judiciary Committee has been screening candidates for judicial positions and some members of the committee seem to be establishing a religious test for judges. The indication is that faithful Christians should not be allowed to serve on the bench.

One of the candidates is Amy Coney Barrett who is a practicing Roman Catholic. The committee challenged Barrett’s fitness to serve as a judge because, in the words of Senator Dianne Feinstein, “the dogma lives loudly within you.” Barrett has said that “faith informs her views.” However, she has also said that she is obligated to interpret and apply the Constitution and the laws, not her own beliefs. She was a former clerk for Supreme Court Justice Antonin Scalia who was also a faithful Catholic. Senator Dick Durbin asked Barrett, “Do you consider yourself an orthodox Catholic?” What the senators seem to be forgetting is that the United States Constitution strictly prohibits a religious test for judges. That question should not even be asked of a judicial candidate.

This anti-Christian bias in judicial appointments reminds us that the U.S. Supreme Court is set to make a decision that will affect the religious freedom of Americans. The judges serving on the lower courts are usually the ones that are later appointed to the Supreme Court. It seems that atheism is the only faith that some of the senators would accept as valid for being a judge. David Harsanyi of the National Review said that in the view of some senators “the only acceptable religion for public officials is ‘orthodox liberalism.’”
–John N. Clayton © 2017