The Privatization of Religion and Catholic Justices
The Privatization of Religion and Catholic Justices
Richard S. Myers, 47 J. Cath. Legal Stud. 157 (2008)
The privatization of religion has been a major theme in American law and culture over the last several decades. There have been increasing pressures to marginalize religion. A recent noteworthy example has been the attacks on the Catholic Justices of the United States Supreme Court. One commentator suggested that the presence of five Catholic Justices on the Court itself violates the Constitution. There have been, in addition, many attacks on the Catholic Justices after the Court’s April 2007 decision in Gonzales v. Carhart. In that case, the five Catholic Justices constituted the majority that upheld the constitutionality of the Partial-Birth Abortion Act of 2003. In this Paper, I will discuss and critique these developments and offer some reflections on the proper role of religion in shaping the culture and the law.