Opinion | Alito comments threaten the First Amendment – The Washington Post – The Washington Post
In the South, when people say bless your heart, they are not petitioning the Lord on your behalf. Its a backhanded expression for those deemed too dense to understand. It can also be sympathetic, used in jest when a persons earnest attempts result in consecutive failures the novice whose cross-stitch is always too tight, a new driver trying to parallel park or stay in the right lane. In such instances, its not meant as an insult but as recognition that divine intervention might be in order.
In North Carolina, the judicial version of bless your heart is called prayer for judgment, a legal action unique to the state. It authorizes judges to suspend decisions on matters such as traffic violations in exchange for better behavior. Its a drivers get out of jail free card courtesy of the state government. And a way of showing grace to the public, which also happens to be voters in judicial elections. Consider it a fellowship of church and state, where providence smiles on judges and constituents in equal measure.
Based on recent comments surreptitiously caught on tape, Supreme Court Justice Samuel A. Alito Jr. sees the balance differently. He agreed with a liberal filmmaker, undercover as a religious conservative, about the need to return the country to a place of godliness. The justices wife was also recorded, describing her plans for an imminent war of the ensigns with the couples gay-pride-flag-flying neighbors once her husband is free of this nonsense, meaning his service on the nations highest court. This news broke just days after reports surfaced that the Alitos, bless their hearts, had raised multiple symbols associated with the Jan. 6, 2021, attack on the Capitol. At their home in Virginia, an upside-down American flag, signaling distress. At their vacation escape in New Jersey, an Appeal to Heaven flag.
Despite its falling church attendance, the United States is a religious nation. People of all faiths practice here, a constitutional right protected in the First Amendment. More than 80 percent of Americans say they are religious or spiritual. Ideas about providence and a promised land are woven into our founding mythology. The country has been improved by previously excluded people people left out because of their religion or race, sexuality or gender, class or nation of origin winning equal rights in the courts, with appeals based on constitutional and faith-based principles alike.
This is the United States; theres nothing wrong with a praying judge. But the long arm of the law is not the hand of God. This is why Alitos remarks and signs needed stricter scrutiny. Christian-nationalist symbols were prominent at the Capitol attack, carried by people who believed the theft of the 2020 presidential election defied the will of God. Polarizing members of Congress believe national misfortune and natural phenomena are punishment for a sinful republic. Elected and appointed officials have a constitutional right to this view, but they dont have the right to make believers of us all.
Americans especially those excluded from the great and godly United States to which MAGA nationalists are suggesting a return are justified in asking where Alito sees the line between religion and state, in who answers prayers for judgment. Such concerns threaten the Supreme Courts legitimacy, a subject of renewed and intense debate. Religion seemed to be a central influence when the court rescinded the constitutional right to an abortion and earlier when the court allowed contraceptives to be excluded from companies health insurance plans. Justice Clarence Thomas whose wife lobbied White House officials and lawmakers to prevent Joe Biden from taking office has suggested the courts establishment of constitutional protections for gay marriage and contraception was improper. With questions like these swirling, Chief Justice John G. Roberts Jr. is left to defend the institution with a saints devotion.
The separation of church and state is a concept older than the United States. The idea spread among American colonists unhappy with the British Empires combination of a monarchy and theocracy. And many dreams grew alongside the new nations desire for independence. And yet, decades later, in the Supreme Courts most infamous decision, Dred Scott v. Sandford, the ruling justices decided that the laws of nature, natures God and the blessings of liberty were never intended for Black people, who were so far below in the scale of created beings. With that track record on race, democracy and the founding documents, why would we want a judicial system that petitions the Lord on our behalf?
Nearly 3 in 4 Americans do not believe that providence declares the United States to be a promised land for Christians to set an example for the world. Our Constitution, as its been amended, has proved durable enough and sound enough to create a more equal society. While many pray for divine protection and a judges good graces when at odds with the law, they know the difference between God and government. Returning the United States to a place of godliness and greatness suggests returning to a previous version of the Constitution, when courts unjustly upheld restrictive rights for more people. Thats the sign of a court system swerving out of its lane. And of a country, bless our hearts, headed in the wrong direction.
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Opinion | Alito comments threaten the First Amendment - The Washington Post - The Washington Post