The Supreme Test of Faith

Once again the specter of religious bigotry rears its ugly head into the judicial confirmation process. Jonathan Turley, a law professor at George Washington University, reported in an op- ed that Sen. Richard Durbin (D-IL) asked Judge John Roberts last week "what he would do if the law required a ruling that his church considers immoral?" The revelation of Senator Durbin's query comes on the heels of his weekend performance on "Meet the Press" where he said that a pro-life stance would "disqualify" Judge Roberts from serving on the Supreme Court. Though Judge Roberts is described as a practicing Catholic, Senator Durbin's litmus test would exclude any person of orthodox religious beliefs whether Christian, Jew, or Muslim. Repeatedly, judicial nominees have been blocked for 'deeply held beliefs' on moral issues.

Senator Durbin's questioning is clearly an attempt to place Judge Roberts in the position of choosing between his faith and the law. Article Six of the U.S. Constitution specifically states that, "...no religious test shall ever be required as a qualification to any office or public trust." The Constitution forbids the disqualification of judicial nominees on the basis of religious and moral convictions. Such tactics should be condemned by all sides.

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