Republicans Say Judicial Nominee Is Victim of Religious Bias
By Robert B. Bluey
CNSNews.com
Capitol Hill (CNSNews.com) - A group of Republicans in the House of Representatives accused Senate Democrats of using a religious litmus test to derail the nomination of Alabama Attorney General Bill Pryor for a seat on a federal appeals court.
The House Working Group on Judicial Accountability released a report Thursday outlining religious bias in the Senate's confirmation process for judges and cabinet members. It names Democratic Sens. Chuck Schumer of New York, ****** Durbin of Illinois and Patrick Leahy of Vermont as the main culprits.
Even though the Pryor nomination brought the issue to the forefront, the members of the House group said fights over Supreme Court Justice Clarence Thomas and Attorney General John Ashcroft also prompted unwarranted questions about their religious beliefs.
"What is happening in the Senate today is a sad, sad commentary of what is happening to people of faith," Rep. Walter Jones (R-N.C.) said. "We cannot allow this to continue. Everyone has a constitutional right to practice or not practice their religious faith. If they seek a higher office or have been chosen for a higher office, they should not be discriminated against."
In the case of Pryor, a Catholic, his views on abortion and homosexuality have alarmed liberal interest groups. Senate Democrats successfully blocked his nomination to the 11th U.S. Circuit Court of Appeals in July, and Republicans haven't brought him up for a vote since then.
One Catholic congressman, Rep. Steve Chabot (R-Ohio), said it was reprehensible that Democrats would suggest Pryor isn't suited for a federal judgeship simply because he opposes abortion on religious grounds.
"Rather than focus on his qualifications and experience, some in the Senate question whether Attorney General Pryor's religious beliefs will interfere with his judicial impartiality," Chabot said. "Pryor's record illustrates just the opposite. He is a fair and equitable arbiter of the law and the Constitution."
Chabot said that even though Pryor opposes abortion, he has upheld Alabama law as attorney general. For instance, Chabot said Pryor refused to enforce Alabama's partial birth abortion ban because the Supreme Court had deemed a similar law unconstitutional. In the ongoing Ten Commandments dispute in Alabama, Pryor has vowed to abide by court decisions.
The House report makes note of the religious test clause in Article VI of the Constitution. It states that "no religious test shall ever be required as a qualification to any office or public trust under the United States."
Rep. Lamar Smith (R-Texas) said the framers of the Constitution had a reason for including the religious test clause. It wasn't until four years later that the First Amendment was adopted guaranteeing the free exercise of religion.
Smith said even though Pryor's opponents have denied imposing a religious litmus test, their criticism indicates they have other intentions.
"By definition, judges are expected to possess an ability to put their religious beliefs aside and apply the Constitution and our nation's laws impartially," Smith said. "Yet some [senators] have decided to assert an unconstitutional religious-beliefs test as they debate judicial nominations."
The liberal People For the American Way called the House report a "sham." The group's president, Ralph G. Neas, accused Republicans of trying to distract attention away from substantial criticism of President Bush's judicial nominees.
"It's a bogus charge and a slap in the face to the thousands of fair-minded Americans, especially deeply religious men and women, who oppose these nominations on their merits," Neas said in a statement. "This has become a standard smokescreen for the radical right."
Neas said his organization judges nominees on their public record. He said People For the American Way would continue to support nominees who "respect the fundamental rights and liberties of every American."
The charges of religious bias in Pryor's case and in general have also caught the attention of religious organizations. Raymond L. Flynn, president of Your Catholic Voice, accused "left-wing extremist groups" of opposing all nominees with strong religious convictions.
"I don't believe that judges should be confirmed because they are Catholics, but they certainly should not be rejected because they are faithful to their values and beliefs as Catholics," said Flynn, a former U.S. ambassador to the Vatican during the Clinton administration.
Looking ahead, Chabot said he hopes the increased attention generated by Pryor's nomination would prompt some senators to drop their opposition.
"We hope that educating the public and educating our colleagues about this obstruction will at some point break down that obstruction and end this religious bigotry," Chabot said.
