Judge Roberts' Faith

The Washington, D.C.-based Culture of Life Foundation issued the following statement late yesterday on Senator Diane Feinstein's line of questioning of Judge John Roberts. It, along with the transcript of the exchange and another with Senator Specter is worth repeating here.

We condemn Senator Feinstein's attempt to place Judge Robert's Catholicism at the center of his confirmation hearings this afternoon.

Using the context of John Kennedy's Catholicism, Senator Feinstein asked Judge Roberts if he believed in an absolute separation of Church and state. In her questions and comments Senator Feinstein invoked those terrible debates in America about whether Catholics could have a role in the public square. Apparently Senator Feinstein agrees with those who feared faithful Catholics in public office.

Senator Feinstein's questioning is an unconscionable dredging up of a dark time in America. And her questioning comes perilously close to a religious test for pubic office. She owes Judge Roberts and all Americans an apology.

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Transcript
Confirmation Hearing
Judge John Roberts
September 13, 2005

FEINSTEIN: 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 [Note: Dictates? What is she saying?] of one's religion. And he even said, "I believe in an America where the separation of church and state is absolute." My question is: Do you?

ROBERTS: Senator, I think the reason we have the two clauses in the Constitution in the First Amendment reflects the framers' experience. Many of them or their immediate ancestors were fleeing religious persecution. They were fleeing established churches. And it makes perfect sense to put those two provisions together: no establishment of religion and guaranteeing free exercise. That reflected the framers' experience..

FEINSTEIN: You can't answer my question yes or no?

ROBERTS: Well, I don't know what you mean by absolute separation of church and state. For example, recently in the Ten Commandments case, the court upheld a monument on the Texas Capitol grounds that had the Ten Commandments in it. They struck down the posting of the Ten Commandments in a Kentucky courthouse. Is it correct to call the monument on the Texas Capitol grounds with the Ten Commandments, is that an absolute separation or is that an accommodation of a particular monument along with others that five of the justices found was consistent with the First Amendment?

So I don't know what that means when you say absolute separation. I do know this: that my faith and my religious beliefs do not play a role in judging. When it comes to judging, I look to the law books and always have. I don't look to the Bible or any other religious source.

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SEN. SPECTER: And let me digress from Roe for just a moment because I think this touches on an issue [which] ought to be settled. When you talk about your personal views, and as they may relate to your own faith, 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 on September of 1960, quote, "I do not speak for my church on public matters, and the church does not speak for me."?

ROBERTS: I agree with that, senator, yes.

SPECTER: And did you have that in mind when you said there is nothing in my personal views that would prevent me from fully and faithfully applying the precedent as well as Casey.

ROBERTS: Well, I think people's personal views on this issue derive from a number of sources. And there is nothing in my personal views based on faith or other sources that would prevent me from a fly -- applying the precedent of the court faithfully under principles of starry decisus [note: stare decisis or "let it stand"].

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The hostility toward religion manifested in Washington these days is chilling. Just another example of how some of our leaders are out of touch with the Framers. The hearings are expected to wrap up this week, early next week at the latest, with windy floor statements and debate to begin mid- to late next week.