The California Supreme Court has just enacted a religious test for judicial office, something specifically banned by the US Constitution. In a policy aimed squarely at the Boy Scouts, the Court bans judges from participating in any youth groups that practice discrimination. Although the Boy Scouts were the target since they ban homosexual adult leaders, the idiotic ban would apply to any group that practices what the Court deems to be “invidious discrimination”. Since the Court appears to view as “invidious discrimination” anything that runs counter to the beliefs of the loony Left, one can foresee problems for judges who participate in Catholic, Evangelical, Orthodox Jewish and Muslim youth groups.
Of course this nasty little exercise in identity politics runs smack into Article Six of the United States Constitution that bans any religious test for public office:
The Senators and Representatives before mentioned, 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.
That this is a religious test no one should doubt. In California the powers that be wish to punish those who have not fallen into lock step on homosexual rights and this travesty is but a small portion of this punishment. Such attempts by government to coerce believers is precisely why the no religious test was placed into the Constitution. One would trust that the “Justices” of the California Supreme Court would realize that what they have done is blatantly unconstitutional. I assume they do, and they simply do not care, which is a fundamental betrayal of the Law and their function as Judges.