The motion came after a judicial nominee was questioned over his membership of the Knights of Columbus
The Senate yesterday passed a resolution saying it would be “unconstitutional” to consider membership in the Knights of Columbus a disqualifying criteria for public office. The resolution passed by unanimous consent, meaning it went unopposed by senators of either party.
The January 16 resolution was drafted and introduced by Sen. Ben Sasse (R-NE) in response to recent questions put to a judicial nominee, which suggested membership in the Knights could prevent someone serving impartially as a judge.
Citing the protection of religious liberty in the Constitution, the resolution noted that past candidates, including President John F. Kennedy, had suffered from “significant anti Catholic bigotry.”
“It is the sense of the Senate that disqualifying a nominee to Federal office on the basis of membership in the Knights of Columbus violates clause 3 of article VI of the Constitution of the United States,” the resolution states.
Article VI includes the provision that “no religious test shall ever be required as qualification to any office or public trust under the United States.”
On December 5, Senators Mazie Hirono (D-HI) and Kamala Harris (D-CA) raised concerns about membership in the Knights of Columbus while the Senate Judiciary Committee reviewed the candidacy of Brian C. Buescher, an Omaha-based lawyer nominated by President Trump to sit on the United States District Court for the District of Nebraska.
In her questions to Buescher, Hirono said that the Knights have “taken a number of extreme positions.” Harris used her questions to label the organization as “opposed a woman’s right to choose” and against “marriage equality,” and suggested that Buescher could be unable to give a fair hearing to cases on these issues.
In his speech introducing the resolution, Sasse said that the anti-Catholic lines of questioning were “the same kind of garbage” which faced President Kennedy in 1960.
At least six other judicial nominees have faced scrutiny from Democratic senators over their Christian faith or membership in the Knights of Columbus since the 2016 election.
The Knights of Columbus are a Catholic fraternal organization with approximately 2 million members. Last year they carried out more than 75 million hours of volunteer work and raised more than $185 million for charitable purposes. As a Catholic organization, it holds views that are in line with Church teaching.
A recent Marist Poll survey, commissioned by the Knights of Columbus, found high levels of support for religiously committed candidates for the federal bench.
The poll found that 59 per cent of Democrats supported people for whom “religion is important” serving as federal judges. The same poll found 60 per cent of independents and more than 7 in 10 Republicans (73 per cent) also supported religiously committed judges.
“Americans rightly support religious freedom and reject religious tests for public office,” said Knights of Columbus CEO Carl Anderson in a statement.
Anderson said that the Constitutional bar against religious tests “continues to strongly resonate with the overwhelming majority of Americans” and that the Marist Poll results showed a clear majority for those who “believe that faith should not be a barrier to someone’s appointment to public service.”
The resolution was passed by the Senate the day after William Barr went before the Senate Judiciary Committee for confirmation hearings on his nomination for the post of Attorney General.
Sen. John Kennedy (R-LA) asked Barr, who is a member of the Knights of Columbus, if he thought his religion disqualified him from serving in office, observing that “some of my colleagues think it might.”
Spokesperson for the Knights of Columbus Kathleen Blomquist welcomed the passage of the Senate resolution.
“The Knights of Columbus is grateful that the U.S. Senate unanimously confirmed that membership in a religious organization does not make a person unfit for public office,” she told CNA.
“We have also been gratified by the reaction of people of different faiths—including Senator Sasse — who never want to see a litmus test imposed on individuals based of their faith, a position that the vast majority of Americans support.”