I recently attended a panel discussion at the Capitol on the Sotomayor confirmation. The event was chaired by Sammie Moshenberg of the National Council of Jewish Women.

The first speaker was J. Brent Walker, director of the Baptist Joint Committee, who noted that the First Amendment contains two clauses: establishment and free exercise. Historically, he argues, both clauses have been read quite broadly. This has begun to change; whereas historically government has been forbidden from touching religion in anyway, today government must simply treat religion as it would any other group. So, government can use money to provide services through religious groups and can issue education vouchers. Walker argues that Sonia Sotomayor has, in the past, espoused a rather broad view of these clauses. That said, it would be tough for her or basically any candidate to fill David Souter’s shoes in terms of taking a broad view.

The second speaker, Melissa Rogers of Wake Forest University, picked up where Walker left off and argued what is important in a judge is that he or she understands it is the individual who counts, not the established church. To draw the point out, a person who takes some tiny facet of their religion such as a feast or some beads very seriously is as entitled to those markings of their faith as a Christian is to the cross. Their belief need not be reasonable or mainstream, simply deeply held. In the past Sotomayor has adequately upheld this doctrine.

The third and final speaker was Richard Katskee, assistant legal director of Americans United for Separation of Church and State. Katskee argues that church/state separation issues come down to essentially three facets: where a display is allowed, who has standing to sue, and whether the government can fund. Sotomayor has ruled in two cases affecting standing and display. In both the Flamer and Mehdi case she has upheld precedent set by the higher courts and many argue ruled correctly even if the outcome was less than desirable. As for funding, no case that has come before her has given the opportunity for her views to come out.

The Baptist Joint Committee recently released an analysis of Sotomayor’s decisions. They come to the same conclusion the speakers did: “Sotomayor’s written record raises no red flags.” She has ruled on very few free exercise cases and no establishment clause cases. Her “writings include few, if any, statements articulating how the First Amendment protects religious liberty, promotes the voluntary nature of religion, prevents governmental interference in religion, and tends to reduce conflict among religions.”

Confirmation hearings begin July 13^th.