“Is Senator Brownback Using Religious Test?” Humanists Ask.
Contact: Roy Speckhardt, (202) 238-9088
rspeckhardt@americanhumanist.org
- www.americanhumanist.org
October 06, 2006
Dear Senator,
I have just learned of your decision to delay the nomination of Michigan Appeals Judge Janet T. Neff to the federal bench due to your concerns about a commitment ceremony she, jointly with a United Church of Christ minister, reportedly conducted four years ago for a lesbian couple in Massachusetts. I understand that you desire to have the Justice Department issue a formal opinion regarding any legality issues that might surround the ceremony. The Associated Press quoted you as saying, "I don't know what she did. That's why there's a factual question." I also understand that you wish to question Judge Neff about her views on gay marriage and how they might shape her judicial philosophy, expressing concerns about "judicial activism."
Generally, commitment ceremonies are symbolic and carry no legal benefits. However, the social legitimization of a relationship such events convey through family and friends in attendance is as important to same-sex couples as it is for opposite-sex couples. Most people know this. So I'm concerned that your reasons for delaying this nomination while you seek an official legal opinion and question Judge Neff may have more to do with your own religious activism and legal violations.
I don't know why you have taken your recent action, so there's a factual question. This is why, as a citizen of the United States, and the spokesperson for an organization with Kansas members, I wish to question you about your religious views and how they might shape your legislative philosophy and motivate any possible religious activism on your part that might contradict the establishment clause of the First Amendment to the U.S. Constitution. I'm also concerned about any possible violation of Article VI of the U.S. Constitution, which declares that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Therefore, by a copy of this letter, I'm requesting that the Justice Department issue a formal legal opinion regarding any possible violation of your oath of office to uphold the Constitution.
Sincerely,
Roy Speckhardt
Executive Director
American Humanist Association
C.C. US Department of Justice, Department of Legislative Affairs.
