Mario Diaz

It is amazing to see the media reports on the nomination of Judge David Hamilton to the Seventh Circuit Court of Appeals. The media apparently is interested in everything related to this nomination except the judge’s record. They talk about filibusters and cloture votes. They talk about a conservative split and the President’s slow pace. Some have managed to bring Sotomayor into the mix, and others are appalled that some senators have changed their tune on judicial nominations.

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The best interview I’ve seen involved Senator Jeff Sessions (R-Alabama), who gave a very brief summary of Hamilton’s record, but the reporter still managed to ignore Hamilton’s most egregious ruling.

In 2005, Judge Hamilton ordered the Speaker of the Indiana House to immediately stop the practice of “sectarian prayers” at the opening of the legislative session because the prayers were too Christian. He said that people “should refrain from using Christ’s name or title.”

Could you imagine this ruling coming down at the time of this country’s founding? Can you imagine what George Washington, Thomas Jefferson, or Patrick Henry would have said to this judge?

I can hear Washington recounting the stories of the many men he held in his arms as they bled to death so that Americans could be free to pray to Jesus Christ. Yes, I said it. That is who they believed in. That is even who they attributed their victories to.

But now Judge Hamilton has the gall and audacity to say that all those who fought for that freedom died in vain. And to top it off, Judge Hamilton later added that praying in the name of Allah would probably be okay.

In addition to his ruling being nonsensical, illogical, and offensive, it slaps right up against the most fundamental principles of freedom. It is unconstitutional and dangerous.

The government (i.e. a judge) should never dictate to whom an American can or cannot pray. Americans should be free to pray to whomever they want.

Thankfully, the Seventh Circuit Court of Appeals eventually overturned Hamilton’s foolish decision. But now he is set to be confirmed to the exact same court, where he will be free to uphold such unconstitutional decisions.

But apparently that is not worthy of our illustrious news organizations’ time. No news here.

Mario Diaz

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

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