An Atheist for the Supreme Court
by Tommi Avicolli-Mecca‚ Apr. 12‚ 2010
Much has been written lately about the court’s balance of persons of different religions. According to Professor Leo Epstein of Northwestern, “Historically, religion was huge. It was up there with geography as a key factor” in the selection of new justices. These days, race, ethnicity and gender are far more important factors, and well they should be. Sexual orientation and gender identity haven’t become issues yet, though I anticipate that someday they may.
The court, which was once dominated by Protestants, currently has six Catholics and two Jews. Then there’s Stevens, who is Protestant. The only Protestant in a country where the majority of people profess belief in that particular brand of Christianity. Some are suggesting that Obama needs to consider a Protestant for that very reason -- to make sure the dominant religion in this country is represented.
Why does it have to be represented?
“The practical reality of life in America,” Geoffrey R. Stone, a law professor at the University of Chicago, told the New York Times, “is that religion plays much less of a role in everyday life than it did 50 or 100 years ago.” Many of us are grateful for that.
We don’t need another Protestant on the Court. Or a Catholic, Buddhist, Hindu or follower of any of the hundreds of religions that exist on this planet. There’s no scarcity of belief systems that could potentially be represented on our highest court.
What the court really needs is an atheist. Someone who truly does not bring any excess baggage with him or her from some theology that may have had a place in society thousands of years ago, but today is as relevant to our current social issues as a belief that the earth is flat or the sun revolves around the earth.
In a country where religion has imposed itself into many social justice issues, including gay marriage, abortion and even, it seems, universal healthcare, separation of church and state is as important an issue as it was when the founding fathers put it in the constitution. Otherwise, many gains might never have been made. Religious folks used their scriptures and their pulpits to justify slavery, antigay discrimination, the inequality of women, and the ban on interracial marriage.
And while a Protestant such as Stevens managed to keep his religion from interfering with his decisions on legal matters, it’s time for our nation’s highest body to represent a growing number of Americans who no longer believe in a higher power.
As Barry Lynn, executive director of Americans United for Separation of Church and State, said: “It is vitally important that President Obama choose a high-court nominee who understands that government may not meddle in matters of religion.”
Who better to do that than an atheist?
Tommi Avicolli Mecca is co-editor of Avanti Popolo: Italians Sailing Beyond Columbus, and editor of Smash the Church, Smash the State: The Early Years of Gay Liberation, which has been nominated for both an American Library Association and a Lambda Literary award. His website is www.avicollimecca.com.
You can find the original here.
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