The Catholic Double Standard

In the Wall Street Journal , William McGurn wonders why Samuel Alito’s Catholicism was so much more discussed than Sonia Sotomayor’s:

It’s possible, of course, that Democrats and their allies in the media and activist community no longer regard Catholics with the suspicion they did back when President George W. Bush’s nominees were up for consideration. More likely, the relatively soft reaction to Ms. Sotomayor’s Catholicism is because of a calculation that when it comes to hot-button issues such as abortion or gay marriage, she doesn’t really believe what her church teaches.

Robert George, McCormick Professor of Jurisprudence at Princeton, says the Sotomayor hearings highlight a glaring double standard about how the Catholicism of judicial nominees is treated — and the great irony this treatment exposes.

“According to one theory of jurisprudence,” says Mr. George, “the judge may not bring his own moral beliefs or personal feelings to bear on his rulings on what the law is. This is the view held by people like Scalia and Alito and Roberts.”

This means that a judge who is personally pro-life can uphold a pro-choice law — and a judge who is personally pro-choice can uphold a pro-life law. What matters is the law, not the personal feelings. When judges follow this path, they take some of the heat out of culture wars. That’s because those who want to change the law — pro-life or pro-choice — have to do it the way our Founders intended: through their elected representatives.