Religious test for ACNA judicial nominee [AnglicanInk]

Discussion in 'Anglican and Christian News' started by World Press, Nov 6, 2017.

  1. World Press

    World Press Active Member

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    Trevor McFadden.jpg


    Religious test for ACNA judicial nominee

    01 Nov 2017
    Author: George Conger

    An Episcopalian member of the US Senate grilled a nominee for the Federal Judiciary over his membership in an ACNA congregation, asking if his beliefs would prejudice his work as a judge.

    In written questions submitted to Trevor McFadden, (pictured) Sen. Sheldon Whitehouse, D-R.I., asked the nominee his views on gay marriage, abortion and homosexuality, citing Mr. McFadden’s membership on the vestry of Truro Parish as an area of concern.

    The Senator wrote:

    You are an elected member (until 2020) of the Falls Church Anglican, which broke away from the Episcopal Church largely due to the denomination’s consecration of an openly gay bishop. The Falls Church Anglican considers “marriage to be a life-long union of husband and wife” intended for “the procreation and nurture of godly children” and entailing “God-given” “roles of father and mother.” In 2015, the associate pastor of the Falls Church Anglican agreed that “if the U.S. Supreme Court decision includes a redefinition of marriage, this will constitute an intrusion of the state on God’s institution of marriage ‘from the beginning’.” Do you understand the majority of the Supreme Court in Obergefell v. Hodges to have held that the right to marry is a fundamental right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment and that same-sex couples may not be deprived of that right?”

    Mr. McFadden responded: “yes”.

    Senator Whitehorse asked: “Do you believe that the Supreme Court’s decision in Obergefell v. Hodges that the Fourteenth Amendment requires every state to perform and recognize marriages between individuals of the same sex “constitute[d] an intrusion of the state on God’s institution of marriage ‘from the beginning’”?

    Mr. McFadden responded that it would be “improper for me to state my personal opinions. If I am confirmed as a judge, I will faithfully apply the applicable Supreme Court and D.C. Circuit precedents, including Obergefell v. Hodges.”

    The Senator asked: “Obergefell is not a decision grounded in “natural law.” Should legal precedents that are, in your view, consistent with “natural law” receive greater weight than decisions that may be deemed inconsistent with natural law?”

    Mr. McFadden replied: “As a district judge, it would be my duty to faithfully apply all applicable, binding precedents, regardless of whether they are grounded in “natural law.”

    The Senator asked: “Do you agree with the analysis of the majority of the Supreme Court in Lawrence v. Texas that, under the U.S. Constitution, religious or moral beliefs cannot be the sole basis for the enactment and enforcement of criminal laws?”

    To which Mr. McFadden responded: “It would be improper for me to state my personal opinions. If I am confirmed as a judge, I will faithfully apply the applicable Supreme Court and D.C. Circuit precedents, including Lawrence v. Texas.”


    Click here for the rest of the article:
    http://anglican.ink/article/religious-test-acna-judicial-nominee
     
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  2. Aidan

    Aidan Well-Known Member

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    Hasn't the same thing happened recently to a female Catholic judge?
     
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  3. Botolph

    Botolph Well-Known Member

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    Seems like a good man
     
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