I write, as a university president and a constitutional scholar with expertise on religious freedom and judicial appointments, to express concern about questions addressed to Professor Amy Barrett during her confirmation hearings and to urge that the Committee on the Judiciary refrain from interrogating nominees about the religious or spiritual foundations of their jurisprudential views. Article VI of the United States Constitution provides explicitly that “no religious test shall ever be required as a qualification to any office or public trust under the United States.” This bold endorsement of religious freedom was among the original Constitution’s most pathbreaking provisions. The Supreme Court’s unanimous decision in Torcaso v. Watkins (1961), holding that the First and Fourteenth Amendments render this principle applicable to state offices and that it protects non-believers along with believers of all kinds, is among the greatest landmarks in America’s jurisprudence of religious freedom. Article VI’s prohibition of religious tests is a critical guarantee of equality and liberty, and it is part of what should make all of us proud to be Americans.

By prohibiting religious tests, the Constitution makes it impermissible to deny any person a national, state, or local office on the basis of their religious convictions or lack thereof. Because religious belief is constitutionally irrelevant to the qualifications for a federal judgeship, the Senate should not interrogate any nominee about those beliefs. I believe, more specifically, that the questions directed to Professor Barrett about her faith were not consistent with the principle set forth in the Constitution’s “no religious test” clause.

Christopher Eisgruber, President of Princeton University. Given that Senators Feinstein and Franken are, in this regard, following the pattern established earlier this year by Senator Sanders, it seems that it is rapidly becoming SOP among Senate Democrats to impose religious tests on candidates for public service, with the idea that those who hold traditionalist religious beliefs are ipso facto unfit for office. I would like to think that responses like that of President Eisgruber will restrain the explicitness of the Dems’ bias against commonly held religious beliefs, but I doubt that any such pressure will be effective. Who would ever hold Feinstein, Franken, Sanders et al. accountable? But even if the more vocal Senatorial opponents of traditional religious beliefs learn to hold their tongues, they won’t soften their bigotry. They’ll just learn to disguise it a bit.