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--- Wednesday, July 27, 2005
Nothing But al-Haqeeqa
In its ongoing crusade to purge any reverence of God from American courthouses, the ACLU in North Carolina has filed suit to allow witnesses to swear in on holy books besides the Christian Bible. North Carolina judges have defended the traditional use of the Bible, but the ACLU argues that the Quran, or other sources, ought to be accepted as valid for taking a court oath.
When witnesses are sworn in, the religious texts of non-Christian faiths should be allowed in North Carolina courts along with the Bible, the ACLU argued in lawsuit filed against the state Tuesday.
Denying the use of other religious texts would violate the Constitution by favoring Christianity over religions, the American Civil Liberties Union of North Carolina said in its lawsuit.
State law allows witnesses preparing to testify in court to take their oath either by laying a hand over a "Holy Scripture," by saying "so help me God" without the use of a religious book, or by using no religious symbols.
"We hope that the court will issue a ruling that the phrase 'holy scripture' includes the Quran, Old Testament and Bhagavad-Gita in addition to the Christian Bible," said Jennifer Rudinger, executive director of the ACLU of North Carolina. I suppose it is a natural progression of the growing cultural emphasis on pluralism and inclusiveness. And as such, it may ultimately be difficult to deny witnesses of other religions (or no religion) from taking their oaths with a hand on a book besides the Scripture. When the acknowledgement of God in public society is under constant assault, such a vestige as traditional courtroom proceedings was inevitably to be scrutinized.
Yet, as most references to God in the public square, courtroom oaths have never been contingent upon the faith -- or lack thereof -- of participants, but rather on the submission of a nation to the Almighty. One swears to be truthful in a courtroom as a deference to the laws of a nation and its God, not necessarily by his personal feelings or beliefs. Perhaps this is a symbolic measure as much as anything, but it is an extremely important symbol, binding America's courts in the sphere of truth and justice ultimately demanded by the Creator. A Muslim swearing by the Quran may not be required by his faith to hold the same standards of straightforward truthfulness, and an atheist has no unchanging standard upon which to offer an oath.
Thus, as long as America is "under God," the nation whose flag we pledge allegiance to should continue to demand that those in its legal system swear by the standard of Jehovah.
Don't Spit on Mitt
Boston is aflutter this week with the apparent flip-flop of Massachusetts governor Mitt Romney on a rather heated issue. The Boston Globe editorializes:
'I RESPECT and will protect a woman's right to choose....Women should be free to choose based on their own beliefs, not mine and not the government's."
That was Mitt Romney in April 2002, then a candidate for governor, responding to a questionnaire from the Massachusetts affiliate of the abortion rights group NARAL.
Today, Romney says ''abortion is the wrong choice" and ''wishes that the laws of our nation could reflect that view."
Romney has tried to present his legalistic explanation for vetoing the bill expanding access to emergency contraception -- that he had pledged not to alter the state's abortion laws -- as part of a consistent philosophy. But the inconsistencies are blinding. The govenor's supposed change of position was revealed as he made a determined veto of a bill meant to expand access to so-called "emergency contraception," which, Romney argued, may result in an abortion rather than contraception.
Pundits seem fairly unanimous that Romney's sudden realization of the tragedy that is abortion is a strategic move to prepare for a presidential run in 2008. Indeed, his op-ed explaining his veto reads more like a broad policy statement on the abortion issue. But I hope his stance is heartfelt, because the governor of liberal Massachusetts has been an articulate defender of marriage, which came under attack in his state, and he seems now prepared to be a well spoken apologist on behalf of a culture of life.
--- Tuesday, July 26, 2005
Frequently Asked Questions
Conservative David Limbaugh and liberal Thomas Oliphant suggest that Supreme Court nominee John Roberts should reveal his views on controversial cases and issues so that the American people can get a genuine glimpse of his judicial philosophy. Limbaugh writes:
I realize that we're treading on delicate ground here. These issues, if not presently before the Court, inevitably will be in one form or another in the near future, and we don't want judges or judges in waiting to prejudge specific cases. But I would err on the side of trying to discover a nominee's judicial philosophy, being careful not to have him opine on specific cases.
After all, revealing a nominee's philosophy regarding these issues does not necessarily answer, conclusively, how he would rule in the context of a specific case before him, considering the many variables that might be involved.
I think we must try to find out in advance whether Supreme Court nominees believe they will sit as part of a superlegislature or as a passive, albeit usually final, arbiter. I think Limbaugh may be on the right track here, and I would welcome Roberts not hiding from difficult questions in his confirmation hearing. While it is perhaps not vital how strongly a nominee feels about an issue like abortion, it is absolutely critical that the future Supreme Court finds restraint and knows where its role ends -- sometimes when personal feelings are conflicted. However, if a Court appointment is not willing to overturn decisions like Roe v. Wade (among others), I would have to find his or her understanding of the Constitution suspect.
Oliphant, on the other hand, wants to expose any radical "antichoice" views that Roberts may be concealing, noting that anyone willing to overturn Roe shouldn't be allowed near a gavel.
With Roberts in his honeymoon phase on Capitol Hill, this behind-the-scenes Bushie activity suggests three obligations for those senators who support choice. One is to press for all records of Judge Roberts's work in the solicitor general's office during Bush I, including his assistance in writing and then signing a brief to the Supreme Court calling for the overturning of Roe itself. To the general public the White House portrays the judge as a lawyer advocating for his client; to its conservative friends, the White House is saying that he believed in his work. Let's find the truth.
The second is to question him for his views on the bedrock of Roe's foundation -- a right to privacy. Any sign of dissent would be grounds for a filibuster.
But the most important obligation is to secure abortion rights through political work. In the end, the courts never provide enough protection for constitutional rights if voters are not asked to support them. Now, to be sure, abortion and Roe v. Wade are hardly the only issues at stake in the restructuring of the Court, but few debates are as contentious -- and, I would argue, few are more symbolic in determining a justice's legal philosophy.
The fact that the "bedrock of Roe's foundation" is, as Oliphant proposes, a "right" found not in the Constitution but in, surprise, another Supreme Court decision, does not speak highly of the firmness of that foundation. This was a policy created and enshrined by the Court, usurping the will of the US Congress, many state governments, and the voting populace. Something needs to be fixed, and I hope that John Roberts will offer some much needed sanity.

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