Article VI Protects Against Religious Tests for Office
Despite the presence of Article VI to the Constitution, confirmation hearings for judicial nominees have continued to include questions pertaining to the nominee’s religious viewpoints. This is not fair, nor permitted by the Constitution. Learn more at Firstliberty.org/Briefing.
Thank you for joining us for the First Liberty Briefing, an exclusive podcast where host Jeremy Dys—also First Liberty Senior Counsel—provides an insider’s look at the stories, cases, people and laws that have made America the world’s leader in protecting religious liberty.
Confirmation hearings have been interesting of late.
Some senators are asking questions of nominees that are more than tough. They are unfair. My favorite example of this came when Senator Cory Booker asked judicial nominee Neomi Rao whether she believed homosexuality is a sin. That’s a question that seems out of line because it invites the nominee to assert a theological pronouncement.
Senator Mike Lee thought so too. He said:
“I can’t fathom a circumstance in which it’s ever appropriate for us to ask a nominee about his or her religious beliefs about whether x, y or z is a sin.”
Senator Lee then had to remind Senator Mazie Hirono of Senator Booker’s actual question about sin when Hirono shot back:
“It is not that we all ask ‘do you think such and such is a sin, etc., etc.’”
These questions may in fact violate Article VI of the Constitution, which guarantees that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Forcing citizens to adhere to a specific religious ideology—or none at all—violates the rights common to our humanity, rights endowed to us by our Creator. Article VI exists to keep the halls of government open to an ideological variety of Americans. That’s something our senators would do well to remember.
To learn how First Liberty is protecting Religious Liberty for all Americans, visit FirstLiberty.org.
First Liberty Institute is the largest organization in the nation dedicated exclusively to protecting religious freedom for all Americans. Find out more here.
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