WASHINGTON (ABP) — The man who may be the next chief justice of the United States reportedly gave a speech in which he suggested church-state separation did nothing to prevent the Holocaust.
According to news reports of a Nov. 22 address by Supreme Court Justice Antonin Scalia at a conference on religious freedom, Scalia offered a lengthy critique of the idea that the framers of the Constitution supported strict separation between church and state. According to accounts of the speech from the Associated Press and the Jerusalem Post, he then pointed to episodes of American history that he said proved the government has always supported religion.
“There is something wrong with the principle of neutrality [toward religion by government],” Scalia said, according to the Jerusalem Post. The kind of neutrality the framers intended, he continued, “is not neutrality between religiousness and non-religiousness; it is between denominations of religion.”
Scalia contrasted that with the reticence of modern-day European leaders to discuss God or religion in public life. “You will not hear the word 'God' cross the lips of a French premier or an Italian head of state,” Scalia said, according to the Israeli newspaper. “But that has never been the American way.”
The AP story noted that, in response to an audience member's question about church-state separation, Scalia said the following: “Did it turn out that, by reason of the separation of church and state, the Jews were safer in Europe than they were in the United States of America? I don't think so.”
The Jerusalem Post reported a slightly different version of Scalia's response: “Do you think it's going to make Jews safer? It didn't prove that way in Europe.”
Scalia's comment attracted little attention until it was mentioned in a Dec. 2 column by liberal talk-show host Thomas Hartmann on the website CommonDreams.org. “Scalia has an extraordinary way of not letting facts confound his arguments, but this time he's gone completely over the top by suggesting that a separation of church and state facilitated the Holocaust,” Hartmann wrote.
Hartmann noted that, in actuality, church and state were closely wed in Nazi Germany, with German dictator Adolph Hitler going so far as to unite all German Protestant denominations into one government-controlled “Reich Church” and to appoint a “Reichsbishop,” Lutheran pastor Ludwig Müller, to head the entity. Müller, like Hitler, committed suicide at the end of the war.
Scalia's comments were delivered at a conference commemorating the 350th anniversary of Congregation Shearith Israel in New York, one of the nation's oldest synagogues.
The congregation's senior rabbi, Marc Angel, was present for the speech and said the AP reporter took the comment in question “completely out of context.”
Angel said Scalia was discussing Europe's current situation — where “people have taken God out of government,” rather than World War II-era Europe. “In a secular society, such as Europe, are Jews really better off?” the rabbi asked. “I don't think he was talking about the Holocaust. He was talking about the current situation.”
But Verena Dobnik, the AP reporter who wrote the story, stood by the quotation's accuracy and said she understood Scalia to be talking about Europe during World War II.
“I didn't make up the quote,” she told Associated Baptist Press, noting that she had been careful to audiotape Scalia's speech.
Scalia has made several headlines in the past year for run-ins with reporters covering his speeches. Prior to one incident, he did not allow journalists to record his public comments at all. He now reportedly permits audiotapes of his remarks for reporters' own use in writing their stories, but does not allow them to be distributed.
Angel said that, due to the controversy over the remarks, he has written Scalia requesting permission to release a tape the synagogue made of the speech.
Scalia is generally considered one of the Supreme Court's two most conservative members and a front-runner for the job of chief justice, which many court watchers believe is likely to become vacant soon. In his opinions, he has frequently sided with those who argue for more government support for religious institutions and allowances for government endorsement of religious messages.
Hartmann said such views, coupled with the judge's view of history, are dangerous. “In some distant place, Adolf Hitler and Bishop Müller must be smiling at Scalia's encouragement of the growing conflation of church and state in America. It's exactly what they worked so hard to achieve, and what helped make their horrors possible.”
Supreme Court spokesperson Kathy Arberg said Scalia had no comment on the controversy.