Dan Gomez: Fighting Catholicism at virtually every turn

The U.S. Constitution gives the Senate the right to "advise and consent" to the president's judicial nominees. As of late, the Democrats in the Senate have taken that to mean that they can filibuster any and all conservative nominees that come their way.

Regardless of whether the filibuster is a constitutional tool, the Senate Democrats are perpetrating something far more nefarious in their judicial confirmation proceedings.

Yet another part of the U.S. Constitution provides that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." And yet this is precisely what the Democrats are doing. They are excluding faithful Catholics from the federal judiciary.

For example, recent federal judge appointee William Pryor was excluded from the bench for his "deeply held beliefs" on abortion. Apparently, the Democrats believe that Pryor's "deeply held beliefs" would make him unable to enforce the Constitution. His beliefs stem from his religion, therefore his religion (Catholicism) is incompatible with the Constitution.

The very fact that this issue was part of the reason Pryor was denied his judicial seat is ridiculous. Not every judge agrees with the letter of the law in every circumstance. Some may disagree passionately. But that does not make them unable to enforce the law as it stands. Are Catholics any different? Senate Democrats seem to think so. There is certainly a widespread belief that Catholics have allegiances to a "foreign power" (the Vatican).

But don't take my word for it. During Clarence Thomas' confirmation process, Virginia Governor Lawrence Douglas Wilder made the observation that Thomas "has indicated that he is a very devout Catholic.... How much allegiance is there to the Pope?"

The fact of the matter is that there is a misconception, based in anti-Catholic bigotry dating all the way back to Martin Luther, that Catholics are somehow puppets of the Pope. The distinction must always be made, however, between the moral convictions of a judge and his ability to enforce the law. Nothing in William Pryor's previous record gives anyone any reason to believe that he is incapable of enforcing the existing law, even if he may disagree with the morality of that law.

But is questioning of nominees about personal beliefs on abortion a religious test? The point could be made that not all Catholics believe abortion is wrong, and so excluding nominees for that reason would still allow Catholics into the judiciary. However, pro-life sentiments are a part of official Catholic teachings. Therefore, anyone following Catholic teachings would, in fact, be excluded from federally appointed judicial posts.

The Catholic Church is not the only religion that officially opposes abortion. That the Catholic Church has been so active in the pro-life movement, though, makes it the most noticeable, but not the only, victim of the de facto religious test imposed by Senate Democrats.

Of course, someone could also say that questioning someone's beliefs on abortion is not the sole reason for a nominee's rejection. One would hope that some Senate Democrats are basing their judicial decisions on more than the nominee's views on Roe v. Wade. However, the mere fact that those views are a part of the decision makes religion at least a factor in the nomination process, thus making a religious test an element of acquiring a federal judgeship. Besides being unconstitutional, such a test is absolutely morally unacceptable.

But whether you believe that asking about one's personal views on abortion qualifies as a religious test, it is absolutely clear that the Democrats are losing touch with the Catholics. In the middle part of the last century, the Democratic message resonated with Catholic voters. Over the past 50 years, the trend has been gradually changing. As of the last election, the Catholic vote was roughly split between the two parties.

Why? Certainly, part of the reason is the anti-Catholic prejudice (i.e., the belief that Catholics are somehow taking orders from the Pope) that has taken hold of many high-level Democrats. Many Democrats fundamentally believe that Catholics have divided loyalties. This belief was the ultimate reason behind the rejection of William Pryor, and the personal justification for the Democrats' use of a religious test in judicial approval hearings.

Somewhere down the road, the Catholics will turn the tables on the Democrats. Just as the Democrats have been excluding faithful Catholics from office, the Catholics will use their voting power to exclude the Democrats from office.

Dan Gomez is a junior History major and chairman of the Penn College Republicans.

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