Last year at an event with Hillsdale College, Barrett’s student Stephanie Maloney asked the judge “What role, if any, should faith of a nominee have in the confirmation process?”
Barrett said, “None.”
“I mean, we have a long tradition of religious tolerance in this country. And in fact, the religious test clause in the Constitution makes it unconstitutional to impose a religious test on anyone who holds public office,” the judge explained.
“So whether someone is Catholic or Jewish or Evangelical or Muslim or has no faith at all is irrelevant to the job,” Barrett added.
“I do have one thing that I want to add to that, though. I think when you step back and you think about the debate about whether someone’s religion has any bearing on their fitness for office, it seems to me that the premise of the question is that people of faith would have a uniquely difficult time separating out their moral commitments from their obligation to apply the law. And I think people of faith should reject that premise,” she added.
“All people, of course– well, we hope, most people– have deeply held moral convictions, whether or not they come from faith. People who have no faith, people who are not religious, have deeply held moral convictions,” Barrett noted. “And it’s just as important for those people to be sure– I just spent time talking about the job of a judge being to set aside moral convictions, personal moral convictions, and personal preferences, and follow the law. That’s a challenge for those of faith and for those who have no faith.”
“So I think the public should be absolutely concerned about whether a nominee for judicial office will be willing and able to set aside personal preferences, be they moral, be they political, whatever convictions they are,” Barrett explained. “The public should be concerned about whether a nominee can set those aside in favor of following the law.”
“But that’s not a challenge just for religious people. I mean, that’s a challenge for everyone. And so I think it’s a dangerous road to go down to say that only religious people would not be able to separate out moral convictions from their duty,” she said.