Legal Bias Against Christianity

Legal Bias Against Christianity

One of the peripheral issues to the COVID-19 pandemic has been the question of whether the government can shut down worship gatherings if it perceives they are spreading disease. There was a legal battle in California because the state had passed a law that said no more than three households could gather for religious services. Religious leaders said that the ruling stopped most Bible studies, prayer meetings, and other services in people’s homes and meeting places. The same law allowed more than three households to gather in hair salons, retail stores, movie theaters, and restaurants. Is it more dangerous for people to gather for religious purposes than for those other activities? Is there a legal bias against Christianity?

Early in the pandemic, the Supreme Court said that limiting worship to three households complied with the First Amendment. With the death of Justice Ruth Bader Ginsburg in September and conservative Justice Amy Coney Barrett taking Ginsburg’s place, the court changed direction. On April 9, 2021, the court ruled the state could not restrict religious worship and that the same precautions used for businesses had to must apply to churches.

We have pointed out that having large crowds is not required for Christian worship, so the ability to worship is not the question. The question is whether there is a legal bias against Christianity. Shouldn’t religious teaching and campaigns be allow to have the same freedom as businesses? There have been cases where the virus was spread through a lack of social distancing in religious activities and in other activities.

It does seem that the double standard of allowing movie theaters to operate and shutting down religious activities involving the same number of people is inconsistent. Legal bias against Christianity is certainly an issue here, and the problem is far from settled.

— John N. Clayto © 2021

Reference: USA TODAY 4/11/21.

Religious Test for Judges?

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