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Legal Commentary
: PrawfsSharron Angle and What's Good for the Goose
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
As I said, I think Chait's suggestion of hypocrisy is overdrawn. But that doesn't mean he doesn't have a point. In my view, Angle is welcome to credit God for her victory, and I can hardly say she's wrong. She is also welcome to invoke God, and does: in a speech at the National Press Club, she said she had brought to Washington her Smith & Wesson, God, and her husband, in that order. When it comes to religion and politics, though, within or beyond the First Amendment, it is not possible to invoke religion as a qualification and then invoke religious freedom as a get-out-of-jail-free card. For one thing, people don't just question the Scientologists' rehab program because it derives from Scientology: they also doubt its efficacy and even its safety. For another, if she believes voters have a right to know about her faith, and that she has a right to tell them, then voters must be equally free to question her faith. They must be free to question whether she is a Scientologist, and even to vote against her on that basis, although I think that charge seems unfair (it is more accurate to say that Scientologists have their own, perhaps valid and certainly constitutionally protected, reasons for supporting politicians of all religious stripes). And they must be free to question why she supports either that faith or its programs. For that matter, they are welcome to question whether any Christian in good standing would do so.
I am not encouraging these questions. I am suggesting, however, that you can't take the sweet without the bitter. If, I as I believe is true, one is and must be free to invoke religion as a qualification for office and as a vital part of one's background and character, then it must be equally permissible to engage in either sectarian or generalized criticism of a candidate's religious faith, from an internal or an external perspective. We do religion no favors by excluding it from public discourse; but we do it no favors either by treating it with kid gloves.
Full post as published by Prawfs on June 15, 2010 (boomark / email).

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