The Deacon's Bench
The last acceptable prejudice rears its head again:
In its decision in Burwell v. Hobby Lobby Stores, Inc., the Supreme Court has decided that the religious beliefs of employers, including closely held corporations, take precedence over the rights of employees to necessary medical care. The specific medical care to which the employers objected was certain forms of contraception. The five justices who decided that these employers’ objections were entitled to deference are all Catholics. (One Catholic justice, Sotomayor — a woman — dissented from the majority ruling.)
This outcome, including the reasoning behind it, points to an uncomfortable question. Indeed, even by raising this question one exposes oneself to a charge of bigotry. But the question needs to be asked: Is it appropriate to have six Catholic justices on the Supreme Court?
As indicated, it’s not just that five Catholic justices ruled that the government has to defer to the employers’ religious objections. It’s the reasoning on which the Court relied that causes concern. In explaining its decision, the majority made two very revealing points, one directly justifying its decision, the other distinguishing other, possible cases that might now cite Hobby Lobby as precedent. Both these points show how closely the majority adheres to Catholic teaching.
To state the obvious: Lindsay would never have asked, and Huffington Post would never have published, an essay asking “Is it appropriate to have Jews on the Supreme Court?” Or blacks. Or women. Or any other ethnic, religious or racial group.
How would he feel if there were an observant Muslim on the court?
UPDATE: A reader writes:
Once again, you feel compelled to find anti-Catholic bias swirling around you (Tim Dolan must be rubbing off on you pretty heavily).
Read more closely the HuffPo piece you featured:
“This outcome, including the reasoning behind it, points to an uncomfortable question. Indeed, even by raising this question one exposes oneself to a charge of bigotry. But the question needs to be asked: Is it appropriate to have six Catholic justices on the Supreme Court?”
It asks about the fairness of having SIX Catholic justices. Should one faith tradition have SIX representatives on the Court? You’d feel the same if there were SIX Muslims (I can hear the screams of “Sharia law takes over USA!”) or SIX Jews (I’m sure some on your circle would says “Those Jews have all the power AND money!”).
Read more carefully. Like a journalist.
And stop crying bigotry. It is a tired word that long ago ceased to have meaning.
It seems to me that if people have a problem with the Supreme Court ruling, it shouldn’t be because of the religion of the men and women on the court. Complain, if you like, that the court is too conservative; argue about the fact that there aren’t enough Democrats, or that there are too many Republicans, or that there are too many justices who have ideologies with which you disagree, or whatever. But don’t blame it on someone’s religion. Besides being a form of bigotry, that’s just cowardly and un-American.
Besides: anyone who thinks Catholics hold a monolithic view about contraception—and that every person in the pew is automatically opposed to it—has not been paying attention to polls. Put a Catholic on the court and there’s no telling what they’ll believe, or what you’ll get it.
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