Our country is in the midst of confirmation hearings for a new Supreme Court justice. It’s a good time and a needed one for us to look again at the interplay of religion and politics.
Some people think that asking this nominee and questions
about religion as improper and unconstitutional. Article VI of the Constitution that says: “no
religious Test shall ever be required as a Qualification to any Office or public
Trust under the United States.”
I’m not sure we are understanding that article correctly.
For example, the earliest State Constitution of Tennessee
(1796) has the two following statements: 1) Article VIII: No person who denies
the being of God, or a future state of rewards and punishment, shall hold any
office in the civil department of this State, and 2) Article XI: That no religious
test shall every be required as a qualification in any office of public trust under
this State.
Requiring a belief in God and an afterlife of rewards and punishment
was not considered a forbidden religious test.
This is significant, because lawmakers at that time understood better than
we today the intent and wording of their laws.
These beliefs were also assumed for being a witness in a
trial, and even for the ability to take the oath of office.
A person who did not believe in God was considered untrustworthy. A belief in God included the idea that people
will be held accountable in this life or the next for their lives, and anyone
who didn’t believe in God they thought would have little qualm about being
dishonest for personal advantage.
And while specific religious beliefs or tests may not be
required as a condition for holding office, people who are to vote for or confirm
such people have every right to know what that person believes and how it
governs their lives.
Religion is not something extraneous to a person’s character
and conduct, like their taste in food or music or movies. Religion is a worldview that answers all your
most important questions in life: what is right, what is wrong, what is good, what
is bad, what is true, what is false, what are the rules?
Our country is founded on the belief that all people are
created equal and are endowed by their creator with certain unalienable rights,
including the right to life, liberty, and the pursuit of happiness.
If a person does not believe in God, how can they believe
that people have unalienable rights? And I venture to say that not all religions even
believe that you have an unalienable right to life or the pursuit of
happiness. At the time of the founding of
our nation, multiculturalism and pluralism were not even remotely thought of as
likely descriptions of American society.
A Supreme Court nominee may not be disqualified for their
religious beliefs or lack of them, but those who are entrusted with their confirmation
certainly should and need to inquire about the person’s worldview to decide if
they want this person to sort through our highest legal and Constitutional
questions.