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Put an Atheist on the Supreme Court
Last edited Fri Feb 19, 2016, 03:29 PM - Edit history (1)
http://www.newyorker.com/news/news-desk/put-an-atheist-on-the-supreme-courtby Lawrence M. Krauss
Who should replace Antonin Scalia? On Monday, the Times reported that the Justice himself had weighed in on the question: last June, in his dissenting opinion in the same-sex marriage case Obergefell v. Hodges, Scalia wrote that the Court was strikingly unrepresentative of America as a whole and ought to be diversified. He pointed out that four of the Justices are natives of New York City, that none are from the Southwest (or are genuine Westerners), and that all of them attended law school at Harvard or Yale. Moreover, Scalia wrote, there is not a single evangelical Christian (a group that comprises about one quarter of Americans), or even a Protestant of any denomination on the Court. (All nine Justices are, to varying degrees, Catholic or Jewish.)
Scalias remarks imply that an evangelical Christian should be appointed to the Court. Thats a strange idea: surely, the separation of church and state enshrined in the Constitution strongly suggests that court decisions shouldnt be based on religious preference, or even on religious arguments. The Ten Commandments are reserved for houses of worship; the laws of the land are, or should be, secular. Still, Im inclined, in my own way, to agree with Scalias idea about diversity. My suggestion is that the next Supreme Court Justice be a declared atheist.
Atheists are a significantly underrepresented minority in government. According to recent findings from the Pew Research Center, about twenty-three per cent of American adults declare that they have no religious affiliationwhich is two percentage points more than the number who declare themselves Catholic. Three per cent of Americans say that they are atheistswhich means that there are more atheists than Jews in the United States. An additional four per cent declare themselves agnostic; as George Smith noted in his classic book Atheism: The Case Against God, agnostics are, for practical purposes, atheists, since they cannot declare that they believe in a divine creator. Even so, not a single candidate for major political office or Supreme Court Justice has come out declaring his or her non-belief.
From a judicial perspective, an atheist Justice would be an asset. In controversial cases about same-sex marriage, say, or access to abortion or birth control, he or she would be less likely to get mired in religion-based moral quandaries. Scalia himself often got sidetracked in this way: he framed his objections to laws protecting L.G.B.T. rights in a moral, rather than a legal-rights, framework. In his dissent, in 2003, in Lawrence v. Texasa case that challenged a Texas law criminalizing gay sexScalia wrote that those who wanted to limit the rights of gay people to be teachers or scoutmasters were merely protecting themselves and their families from a lifestyle they believe to be immoral and destructive. To him, religion-based moral objections seemed to deserve more weight than either factual considerations (homosexuality is not destructive) or rights-based concerns (gay peoples rights must be protected). Indeed, Scalias meditation on the Courts lack of religious diversity was part of a larger argument that the Courts decision on same-sex marriage did not reflect prevailing religious and moral values. An atheist Justice, by contrast, would have different intellectual habits. I suspect that he or she would be more likely to focus on reason and empirical evidence.
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Put an Atheist on the Supreme Court (Original Post)
swag
Feb 2016
OP
seaotter
(576 posts)1. I second that.
Faux pas
(14,690 posts)3. Oh Yeah!
works for me
tk2kewl
(18,133 posts)4. i will even take an agnostic
LonePirate
(13,431 posts)6. I cannot recommend this suggestion enough. Bravo!