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No Protestants on the Supreme Court
Posted at: May/21/2010 : Posted by: mel
Related Category: Watching America,
It has finally happened; we are looking at the real possibility of a Supreme Court without any Protestant justices. Woops, does it sound like I revel in the possibility, absolutely not. What intrigues me is the lack of concern or interest in this matter. I did see one article that made the observation that with the potential appointment to the court of Elena Kagan we would have 6 Catholics + 3 Jews = O Protestants. So what am I really talking about? The concept of a “Protestant ethos” is the real plot to this drama. The dictionary defines “ethos” as “the fundamental character or spirit of a culture”. Despite our “separation of church and state”, religion, or religious culture as it were is an extremely important aspect of this countries history. Many of the early immigrants to what is now the United States came because they could not live the cultural or religious life in Europe that they wanted to live. They brought with them a religious culture that created communities and ultimately a government. So what is this Protestant ethos or way of thinking? One of the first characteristic of the Protestant movement is Humanistic. Protestantism was inspired by the religious expression of the humanism during the Renaissance. Humanism is characterized by its ideal of Church authority being rejected over individual subjective judgment and autonomy. Hence the idea of a Christian nation was replaced with the concept of separation of Church and state. In modern Protestantism, the service is not so much a service to God, but a service that meets the needs of the people. People look for the church that will best serve them, rather than a Church in which they can best serve God. In these churches people look for messages they can apply individually to their unique lives and challenges. The focus of many modern churches in American is more like a theater than a traditional European church. You can pick a Church that offers your particular flavor of worship and matching music to fit your personal taste. This is not to say church is about entertainment, but if the right music get you in the door to meet your individual needs, it is a good thing. In the Biblical view of worship everything is in terms of Sacrifice, and service to God. Nowhere in the Old Testament will you find anything describing how the needy were entertained at the temple, or on “how their needs were met”. There was no separation of Church and state in the Old Testament, rather the kings of Israel and Judah were measured by their defense of the Faith against pagan and heretical religious groups. The worldview of the Bible was not man centered, but it was clearly Theocentric. Individualism would have been a completely foreign concept. The Israelites certainly believed in individual responsibility, but it is clear that the Israelites viewed themselves as parts of a larger tribe or nation. More importantly, that God dealt with them not only as individuals but as groups. A second important aspect of Protestantism is Modernism. Protestantism has a long history of near contempt for ancient ceremony and Tradition. In a previous era Romanism was discredited with terms like “old”. "New", "; "Newer", "New and Improved” which became synonymous with good, better, and better still. Change and new Traditions unfolded at a rate that would make any Pope or monarch dizzy. Modernism is most commonly used as the rationale to reinterpret biblical verse or writing in a new way based on an evolving social and cultural climate or need. Essentially, many would say this is a rejection of tradition in favor of finding social relevance and broader cultural appeal. I do not mean to denigrate Protestantism, but more importantly to point out how these same philosophies have permeated all aspects of our American judicial and political institutions. It is also critical to note in any review of old textbooks how this same reformation has changed our universities and our common zeal to teach individual thought over collective agreement. Of note, these philosophies changed religion in America as well. American Reform Jews are strongly focused on personal choice and evolving with social change. To the dismay of Rome, American Catholics now think more like Protestants as well, rejecting central authority in favor of making an informed personal decision. Today many U.S. Catholics and Jews think like Protestants. They believe that religion is something we choose as individuals rather than inherit as communities, and they view it primarily in terms of faith rather than a life of practice. These same philosophies have been applied for 250 years in writing laws, creating government, going to war, making peace, educating the next generation, and serving the general population based on these philosophies. When Supreme Court justices incorporate religious understanding into their decisions, most are probably thinking more like Protestants than anyone would have historically ever though possible, regardless of their individual secular religions. There is little to suggest that Elena Kagan, who was bat mitzvah in a Reconstructionist synagogue in New Your would do any differently than her judicial peers. So the Protestant ethos has driven an American reformation. This reformation has changed the landscape of many of our American political and judicial institutions as well. Where once congress was virtually all Protestant, it is now only about 55% Protestant. But you don’t have to be Protestant to think like a Protestant. Our potential new Supreme Court’s shows us that the Protestant/Catholic mix really doesn’t matter any more. Just because there is no Protestant on the court, doesn't mean the Protestant ethos isn't there. So I guess my math was wrong, 6 Catholics + 3 Jews = 9 Protestants.
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