Not This World by Jason Hines

The intent was good. The idea was to wait and it made sense. If the task was to write a post about the effect of Brett Kavanaugh’s confirmation on church-state law, it made sense to wait. The allegations and the FBI confirmation (we should not insult the intelligence of those effected by calling it an “investigation”), demanded that we should be patient. After all, if it turned out that Kavanaugh was not confirmed, then such a post would become moot. It was a good plan. Yet as I sit here, angry and frustrated and saddened by what is shockingly only the third worst travesty related to our high court in the last 20 years, I refuse to stick to the plan.[1] There will be a day to discuss what this means for the separation of church and state. (Spoiler alert: It doesn’t mean good things.[2]) Tonight, however, I think it best to end where we began – with an examination of conservative evangelical Christianity’s culpability in what only amounts to a Machiavellian power grab.

A word about some of the attendant issues before continuing. Words fail me to adequately describe what this moment means and must feel like for women in general and all sexual assault survivors. Despite Senator Collins’ unsupported assertion, to support this nomination is to say to sexual violence survivors that they will not be believed. It is a contradiction to say you believe Dr. Ford but you don’t believe she knows who perpetrated the crime. If you believe her, her word should be enough. If you respect her, then honor her request with a full and real investigation. I found myself angered by senator after senator citing the lack of corroboration in the record, as if everything had been done to find corroboration. As many have noted, the FBI didn’t find what they weren’t looking for, but their involvement allowed politicians to use them as pseudo-backbone for their spineless political calculations. (And lest anyone think me gendered in my analysis, this not only applies to Senator Collins but also to Senators Sasse, Flake, Manchin, and every senator who voted in favor, as they all could’ve done the right thing and voted nay.[3]) Unfortunately as a nation we missed a moment to stand against patriarchy and misogyny, to stand for the oppressed and their equality. Now we leave it to the future to seek the truth and justice that we refused to find.[4]

When I consider this from a religious perspective, my thoughts turn to Francis Schaeffer. While his name is largely unknown, even amongst rank and file Christians, he is the important voice in a movement that has gone by many names – The New Christian Right, The Religious Right, Conservative Evangelicals. It was Schaeffer’s theological framework that provided the intellectual rigor for a movement that was changing direction. Many of the stalwarts of the first generation of the Religious Right had spent the Civil Rights Movement criticizing the pastors who deigned to be involved in politics as opposed to weightier spiritual matters. Schaeffer instead believed that God and Christian principles were the basis for the law and as such Christians needed to work to reestablish Christian principles in American society. This belief remains at the root of conservative Evangelical political activity. The nomination of Brett Kavanaugh for conservative Evangelicals is the culmination of a process that started with Schaeffer in the 1970s. When Kavanaugh is confirmed, some Christians will feel they are finally in position to use the highest court in the land to accomplish the goal that Schaeffer set out for them four decades previous – the reassertion of Christian beliefs, and Christians, as the basis for law in society.

There’s just one problem. This theory seems antithetical to what Christ came to achieve. Just prior to his crucifixion Pilate questions Jesus as to his political motivations. In response to the question of whether he is a king, Jesus’ answer is instructive. “My kingdom is not of this world. If My kingdom were of this world, then My servants would be fighting so that I would not be handed over to the Jews; but as it is, My kingdom is not ^[l^]of this realm.”[5] How odd that some of us today, as servants of the King, are actually fighting under the misguided notion of trying to save Him and reestablish Him as King of a realm He did not claim. In order to do that, we have suborned perjury and established someone accused of several credible allegations of sexual assault as a justice on a court that is the final word on what is legal. Someday as an institution we will have to reckon with all the horrible means we used to accomplish mistaken ends.

Jason Hines is a former attorney with a doctorate in Religion, Politics, and Society from the J.M. Dawson Institute of Church-State Studies at Baylor University. He is also an assistant professor at Adventist University of Health Sciences. He blogs about religious liberty and other issues at www.TheHinesight.Blogspot.com.

[1] You may be wondering what the two things are that could be worse than this. Strictly from the perspective of examining the politics around the Supreme Court, both Bush v. Gore and the nomination of Merrick Garland are worse than this. Bush v. Gore decided an election in the least democratic way possible, and the Republican Senate’s treatment of Judge Garland was an offense to the nomination process as a whole.

[2] In short, the confirmation of Brett Kavanaugh and the creation of a 5-4 conservative majority on the Court addresses and solves the issues discussed this week in ways that curtail the freedom of others. In general Kavanaugh expresses ideas that are damaging to the idea of the separation of church and state as a guiding doctrine in our religious jurisprudence. Kavanaugh’s opinions and public statements are a testament to the idea that religion can be used as a justification for discrimination. This is commonly described as using the free exercise as a sword to hurt others as opposed to its use a shield to protect oneself from government intrusion. Religious minorities and the LGBT community are justified in their concern. Moreover, Kavanaugh also supports a change of direction in our jurisprudence on the establishment clause. Not only would he support religious displays on public property (the issued discussed this week), but he would also support the ability of religious organizations to discriminate while receiving public funds and their use of public facilities (even when their goals are to proselytize), as well as sectarian prayers at school events.

[3] Furthermore, what a shameful display from Donald Trump in mocking Dr. Ford at a rally this week. Contrary to Senator Flake’s opinion, I believe that a President that would mock a citizen in this manner does not deserve the reward of having his judicial appointments confirmed.

[4] I pray that future is coming soon. I believe that if the House of Representative shifts parties in the Fall they will do the investigation that did not occur now, and we may be looking at the first impeached Supreme Court justice in the modern era.

[5] John 18:36.