Spot the religion test (again): What's at stake when politicos ask if nominees believe in God?

This is one of those GetReligion topics that — alas — keep popping up every year or two. Here is the Deseret New headline on the latest case study for journalists to file in the growing “Spot the religion test” file: “Is it legal to ask nominees to federal office if they believe in God?”

There’s a reason that this keeps happening. Church-state conflicts, especially those involving Sexual Revolution doctrines, are among the hottest of America’s hot-button political issues. The First Amendment is, for different reasons, under assault from some camps on the political right and also from many illiberal voices on the left.

In terms of raw statistics, Democrats rely on a grassroots base that, with the exception of the Black Church, is increasingly made up of Nones, agnostics, atheists and religious liberals. Republicans seeking office cannot afford to ignore people in pews — period.

All of this leads us back to these words in Article 6 in the U.S. Constitution:

The Senators and Representatives … and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

The headline on the Deseret News piece reads like an opinion essay, but this is actually a solid news feature that quotes a variety of voices active in debates about this church-state issue. Here is the overture:

The Constitution states that the government can’t create a religious test for public office. But does that mean confirmation hearings should include no mention of faith?
There are at least a few members of each party who think some religion questions are fair game.

If you had any free time yesterday, I hope you were watching the political theater of the year with the Senate Judiciary Committee hearing of Brett Kavanaugh v. Christine Blasey Ford.

In the midst of all the riveting moments — and there were a bunch — in the back-to-back hearings, religion played a small role. Near the very end, Louisiana Sen. John Kennedy posed the penultimate question:

“Do you believe in God?” Kennedy asked the nominee.

“I do.”

“I’m going to give you a last opportunity right here in front of God and country,” said Kennedy, who then asked if three allegations were true. Kavanaugh answered no to each one.

“Do you swear to God?” Kennedy asked.

“I swear to God.” This was a Methodist from the South quizzing a conservative Ivy League Catholic. Those are very different backgrounds for two men who understand that Kavanaugh wasn’t simply on trial before a human court (even though folks at the hearing kept on saying it was not an actual trial).

But it was. And what Kennedy was doing during this exchange was saying that Kavanaugh was also standing before a much higher court than the U.S. Senate. And it was to that heavenly court he would ultimately answer were he lying about his past.

Yet, as I scanned innumerable comments on Facebook Thursday evening, I saw some folks who were triggered by Kavanaugh invoking his faith as part of his defense. There were several references if you knew where to look, starting with at the beginning of his opening statement (from a New York Times transcript), he referred to “sowing the wind” and how the country will “reap the whirlwinds.” That’s taken from a verse in Hosea 8:7: "They that sow the wind, shall reap the whirlwind."