Friday, April 26, 2024
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The Editors: Politicians fail the country by applying religious tests

On Jan. 16, the U.S. Senate unanimously adopted a resolution “to reaffirm religious liberty and condemn religious tests for federal officials.” It may seem odd that such an affirmation was necessary, and it is odder still that the proximate occasion of the resolution was the suggestion in confirmation hearings before the Senate Judiciary Committee that the Knights of Columbus represent a form of dangerous extremism. This line of questioning has been widely criticized as displaying anti-Catholic bias, and certainly the willingness of two senators to depict a Catholic fraternal organization present in parishes across the country and around the world as a danger to the republic is chilling. But there are at least three other factors at play beyond the appearance of anti-Catholic bias. First, as we have pointed out before, Roe v. Wade’s confinement of the abortion question to the judiciary continues to distort the workings of political dialogue and compromise. Unable to debate the abortion question straightforwardly, legislators are left to read tea leaves about what judges might do. And since the American people are not of one mind about abortion, the judicial “settlement” of the issue is in constant need of shoring up, driving its defenders to depict anyone who opposes abortion as dangerously extreme. Second, the current climate of “gotcha” politics is deeply opposed to the constitutional guarantee of freedom of association and the rich history of nongovernmental civic institutions building up the fabric of American public life. Many politicians, seeking short-term advantage, are willing to cast suspicion on any connection to a group or issue they oppose. The assumption that membership in a fraternal organization automatically constitutes endorsement of a particular political position—much less bias that would render a nominee unfit to be a judge—is catastrophically narrow. And it is possible for senators to ask a nominees how they will navigate tensions between personal religious values and their judicial duties without assuming that one must violate the other.