Catholics, Civil Rights, and the Holy Name | Jonathan J. Bean, Ph.D. | Ignatius Insight | August 17, 2009
During
the nomination hearing for Judge Sonia Sotomayor, Senator Al Franken (D-MN)
asked whether there was a "right to privacy" that might include
abortion or birth control. Sotomayor answered that there was a string of
precedents establishing the "right to privacy," all the way
backto a 1920s-era case that gave parents control over their children's
education.
Although she did not mention the case by name, Sotomayor was referring to an issue and
decision (Pierce v. Society of Sisters) that deeply divided the nation: The issue was simple: could you be Catholic and
"100% American"? The Ku Klux Klan answered with a resounding
"No!" as it reincarnated itself to attack American Catholics nationwide.
The Klan was so powerful that it secured passage of an Oregon law banning all private schools, and there were bill to do the same
in other states. Fortunately, the Court ruled that children were not "mere
creature[s] of the State" and struck down efforts to criminalize
parochial schooling.
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