Religion
and the Battle
for the Supreme Court
An Interfaith
Perspective
On Sunday,
August 14, a church in Nashville,
Tennessee will host a
national simulcast by the Family Research Council titled, "Justice Sunday II."
It is a follow-up to the first "Justice Sunday” telecast—a controversial event
that featured Senator William Frist, the majority leader of the United States
Senate. The advertised speakers include Senator Zell
Miller, Tony Perkins and Cathy Cleaver Ruse of the Family Research Council, Dr.
James Dobson of Focus on the Family, Bill Donohue of the Catholic League,
Phyllis
Schlafly of the Eagle Forum, and Ted Haggard of the National Association of
Evangelicals.
According
to Tony Perkins, president of the Family Research Council and the principal
organizer of the event, “Justice Sunday II” will focus on—and these are his
words—the Supreme Court's “hostility toward religion and Christianity in
particular." At the same time, the event’s subtitle is: "God save the
United
States
and this Honorable Court." While there is nothing wrong with people of faith
gathering to talk about the Supreme Court or the nomination process, we must ask
how is it that these groups want G-d to save the Court and at the same time see
the Court as hostile to religion and Christianity? Is it that they want to save
the Court by changing it? Change it how, by making it friendly towards whom? The
Family Research Council, Catholic League, Eagle Forum, Focus on the Family and
their allies are calling for their brand of Justice, apparently the kind that is
practiced on Sunday. The most important question we have to ask is, are they
seeking the kind of Justice our faith calls us to pursue, the kind of Justice we
seek to practice not just on Friday, Saturday or Sunday, but every
day?
Before
we look at what these groups want and what we mean by seeking Justice, let us
pause a moment and contemplate the date they have chosen for their event.
August 14 in the Jewish Calendar this
year is Tisha b’Av, the commemoration of the destruction of both of the
Hebrew Temples and other devastating events in Jewish
history, such as the expulsion of the Jews from
England in 1290 and
Spain in 1492. It is a major fast day for the
Jews and is marked by strict mourning practices and the reading of the Book of
Lamentations. Some congregations have the custom of reciting the phrase Baruch dayan emet (“Praised be the true
judge”) when called up to read from the Torah on Tisha b’Av, the same
phrase recited upon hearing of a death. It is ironic that the
Religious/Political Right would choose this holy day to hold the second Justice
Sunday.
What is their intention with Justice
Sunday? Are they promoting their vision of a “true judge”? Do they really think
that a human being, any human being or any nominee to the Supreme Court, can be
called a “true judge”? For the Abrahamic traditions, there is only one True
Judge, and that is the Almighty. Of course, that does not mean there should not
be human judges. Even in the desert, G-d told Moses to set up a judicial system,
with military and civil matters handled separately from religious ones. In this
country, where people have
many different traditions and religious beliefs, we have set up our legal system
to be separate from any one religious tradition and any one form of truth, so
that all may be treated fairly.
Jewish
tradition holds that the destruction of the Temples
was a punishment for our sins. Those sins involved the hatred
between one human being and the next. The Quran also admonishes people against
sowing dissension and obfuscating truth. Trying to impose religious beliefs on
those who hold different beliefs is a kind of hatred, a way of sowing
dissension. Telling people that the courts, especially the Supreme Court, are
hostile to religion and to people of faith when the Courts try to preserve
religious freedom is an obfuscation of the truth. Our forebears drew from the
best practices of all faiths when they established tolerance and respect for
others as a cornerstone of our national polity. They did not act out of a lack
of moral courage or conviction; they were acting as those who understood, on
their own terms, the lessons of Tisha b’Av.
So what is it
that the Family Research Council wants and for whom? Reverend Carlton Veazey, a
Baptist minister for 40 years and president of the Religious Coalition for
Reproductive Choice, has warned, as hard as it is for us to believe, that what
the Family Research Council and their allies want is a "theocracy" in which
United States Senators toe the Religious Right line on confirming President
Bush’s nominees or pay the price. The theocracy they envision centers on their
interpretation of "family" and "values." The U.S. Supreme Court is portrayed as
the font of the moral decay that is destroying
America. James
Dobson of Focus on the Family regularly rails against the Supreme Court as
"arrogant and imperious and determined to redesign the culture according to
their own biases and values.” He holds up the 1973 Supreme Court Roe v.
Wade decision for special scorn. Roe v. Wade, abortion rights, and
women's rights generally are among the favored code words for the
America that the
Religious Right loves to attack—our America, an
America where
equality is possible and desirable. Reproductive Justice is an issue on which
they hope to divide and conquer.
"Justice Sunday" gave all of us an
opportunity to watch the Right at work, stoking fears about change and inciting
religious divisiveness. We also had the opportunity to see many Christian and
Jewish religious leaders speak out about this divisiveness. Millions of people
of faith, and people who profess no faith, are concerned about the direction of
our country and the future of a vibrant, inclusive democracy. Decades of
progress for minorities, women, religious freedom, the environment, workers'
rights, and other issues and groups that had been relatively powerless cannot be
lost. Unless we are unified on all of these issues, we are vulnerable.
We look to
the nine Justices of the Supreme Court to protect the rights and freedoms
guaranteed us in the Constitution and the Bill of Rights, as they have developed
through the last 200 years of precedent and interpretation. We expect, and have
a right to demand, that those jurists, put forth as candidates for this lifetime
appointment, be people of honor and integrity, dedicated to furthering the cause
of Justice and equal protection under the law for all. Are we ready to stand up
for Justice?
Tony Perkins,
Phyllis Schlafly,
and James Dobson may not understand the irony of using Tisha b’Av as the
day of their event but you must. In pushing for a Supreme Court that reflects
their religious views above the views of others, they seek to coerce and divide
the people of America, promoting
hatred and committing the very sin for which we were punished and that many of
us lament this day. They are on dangerous ground in setting one American against
another. They disgrace all faiths and the work that we have done in the
interfaith community to establish “common ground” that leads us to higher
ground, regardless of political affiliation or faith. We must not join them in
this course of action. Indeed, our traditions call on us to stand up to them, to
stop them, to oppose their actions, to promote Justice and not hatred. This is
the time for courage, not capitulation.
In next
week’s lectionary, we read from Isaiah 56:
“Thus says the LORD:
Maintain
justice, and do what is right”, And what
is the justice we are called to do?
We find the answer in the Jewish prophetic text for next week, also from
Isaiah 1:17; “Learn to do good, devote
yourselves to justice; aid the wronged, uphold the rights of the orphan, defend
the cause of the widow.” And what does this mean in
practice?
- Over 1000
people of many faiths recently joined together for an Interfaith Convocation
to highlight the need to feed the hungry. Muslims, Buddhists, Catholics,
Protestants, Jews and more were all there. Groups like Hunger no More, Bread for
the World, America’s Second
Harvest (the nation’s largest charitable hunger-relief organization) were on
hand to sign people up so they could continue to work for Justice
Everyday.
- The faith
community has long been involved in the struggle for reproductive freedom.
Clergy in the 1960’s were horrified by the injury and death women fell victim
to because abortion was illegal, and therefore unsafe. As early as
February, 1967, Protestant and Jewish clergy and religious organizations
issued a statement to the press, calling existing abortion laws “unduly
restrictive, tragically uncharitable and unjust”. By trying to change
the laws that were literally killing women, they were working for Justice
Everyday.
- By May
1967, American Baptist minister Reverend Howard Moody, assisted by Arlene
Carmen, created the Clergy Consultation Service on Abortion which quickly
spread across the country and included 1400 clergy. The clergy were dedicated
to helping women connect with reputable doctors who would provide safe and
compassionate care, even though they put themselves at risk of
incarceration. They were working for Justice Everyday.
- People
of faith are working through the National Religious Partnership for the
Environment (NRPE), to protect the environment. It is a coalition of Jewish,
Protestant, Catholic, and Evangelical Christian organizations that integrates
care for God’s creation throughout religious life, theology, worship, social
teaching, education, congregations, and public policy initiatives. They are
working for Justice Everyday.
- And it is
not just the big, organizational actions. Whenever any one of us puts aside evil
and seeks to do good, we are part of this mighty stream. We do justice when we volunteer at the
soup kitchen, help shovel the walk of our elderly neighbors, take in foster
children, contribute to the food pantry, house homeless families in our
sanctuaries or volunteer to provide respite to families in hospice care. We do justice when we raise money for
domestic violence shelters or put up notices in our washrooms so women know
where to go when they need help, when we help a child or an adult learn how to
read, how to do their homework, or speak English. We do justice when we register voters,
provide faith based sex education and prevent teen pregnancy, HIV/Aids or
other sexually transmitted diseases.
We are called upon to do Justice and we do Justice Everyday in
countless ways!
As people of
faith, let us all vow to do Justice Everyday. Let us vow to fight for equality,
freedom, and Justice for all.
This is going
to be a busy week for those who seek to use the nomination of Judge Roberts for
their own purposes, to bring us closer to theocracy and away from democracy and
freedom. The ushers are passing out a proposed schedule for you. Let us dedicate
ourselves in the coming week to do as much as we can, every day, to protect our
way of life, our religious freedom, and our nation. “Let Justice Roll down like
waters, righteousness like a mighty stream.” This is your Call to Justice. Let us do Justice Everyday. And let us
say, Amen.
Sermon by
Barbara
Kavadias, Director of
Field Services, Religious Coalition for Reproductive Choice. For information, an
electronic version of this sermon, or if you have any questions, contact
bkavadias@rcrc.org.