Wednesday, September 14, 2005

Day 3 - Judge Roberts: On the Pledge of Allegiance/Gay Rights


Shortly after a District Court Judge in California issued opinion on the Pledge of Allegiance Roberts was asked about banning reciting the Pledge in public schools because it contains the words "under God," to which Roberts said the Supreme Court has often been at odds over interpreting the Constitution's prohibition of government "endorsement" of religion. "That is an area in which I think the court can redouble its efforts to try to come to some consistency in its approach."

Sen. Charles Grassley asked Roberts, "Is there any room in constitutional interpretation for the judge's own values or beliefs?" To which he said, "No, I don't think there is. Sometimes it's hard to give meaning to a constitutional term in a particular case. But you don't look to your own values and beliefs. You look outside yourself to other sources. This is the basis for -- you know, judges wear black robes because it doesn't matter who they are as individuals. That's not going to shape their decision. It's their understanding of the law that will shape their decision."

When questioned about pro bono work he provided for homosexual groups in the landmark Romer v. Evans decision, Roberts said today that if approached first by the other side of the case he probably would have assisted them.

Related:
Day 3 Transcript
Script and video of Today's Hearings
How the Supreme Court Works
Other Issues Covered in Today's Hearing

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