What kind of Catholic can judge?

x33There are many people on the Religious Right who are tempted to say that the great division in this land -- shown by the "pew gap" -- is between unbelievers and believers. This is way, way too simplistic. While there is evidence that a secularist political niche is gaining power, this overlooks the power of what can only be called the religious left. This can be seen, in part, by studying the omnipresent battles in major religious groups over issues linked to sex and marriage. All kinds of people, to paraphrase Maureen Dowd, are having theological battles about Woodstock.

The press needs to understand this, when considering the question of a "religious test" being used on nominees to the U.S. Supreme Court. The question is not whether nominee John Roberts is a Catholic. What the senators want to know is whether he is an Anthony Kennedy Catholic or an Antonin Scalia Catholic. Is he a John F. Kennedy Catholic or a Rick Santorum Catholic? In my opinion, they need to just come out and state this question openly and live with the consequences. Journalists like candid sources. Say what you mean and get quoted.

Politico Manuel Miranda dives straight into this in his latest daily commentary at The Wall Street Journal on the state of the hearings. This man is ticked off and, as a church-state studies guy, I am with him on this particular issue.

Take it away:

Article VI of the Constitution prohibits a religious test from being imposed on nominees to public office. . . . While questioning John Roberts on Tuesday, Judiciary Committee chairman Arlen Specter asked: "Would you say that your views are the same as those expressed by John Kennedy when he was a candidate, and he spoke to the Greater Houston Ministerial Association in September of 1960: 'I do not speak for my church on public matters, and the church does not speak for me.'"

Hours later, Sen. Dianne Feinstein of California made it worse: "In 1960, there was much debate about President John F. Kennedy's faith and what role Catholicism would play in his administration. At that time, he pledged to address the issues of conscience out of a focus on the national interests, not out of adherence to the dictates of one's religion. . . . My question is: Do you?"

How insulting. How offensive. How invidiously ignorant to question someone like Judge Roberts with such apparent presumption and disdain for the religion he practices. The JFK question is not just the camel's nose of religious intolerance; it is the whole smelly camel.

Later on in the essay, Miranda quotes all kinds of people expressing outrage. Well, that isn't quite right. He quotes all kinds of people who are -- if you dig deep -- critics or outright opponents of abortion on demand who are upset about this new form of modernist Catholic religious test. So the Jews that he quotes are not just Jews. They are traditional Jews. They are red-pew Jews and, thus, they are now finding themselves on the other side of the Woodstock gap.

Admit it. Isn't this what leaps into mind when you read the following?

Representing more than 1,000 synagogues, the Union of Orthodox Jewish Congregations wrote this letter to the Senate Judiciary Committee a few days earlier: "As a community of religious believers committed to full engagement with modern American society, we are deeply troubled by those who have implied that a person of faith cannot serve in a high level government post that may raise issues at odds with his or her personal beliefs."

Many people are immediately going to think: "Well, that's the Orthodox. They probably even voted for George W. Bush." And that's right. If President Bush nominated a female Orthodox Jew to the U.S. Supreme Court, the very first question she would be asked would be -- one way or another -- about her views on abortion rights. People would be asking not if she is religious but if she she the right kind of religious person.

It's the age we live in.

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