For a group that has repeatedly argued that the religious practice of judicial nominees has no bearing on their confirmation, conservatives suddenly have discovered a lot of interest in the evangelical outlook of Harriet Miers. The Washington Post devotes a front-page article to the topic in their profile of the new Supreme Court nominee, and discover that Miers still resists easy categorization:

Hecht and other confidants of Miers all pledge that if the Senate confirms her nomination to the Supreme Court, her judicial values will be guided by the law and the Constitution. But they say her personal values have been shaped by her abiding faith in Jesus, and by her membership in the massive red-brick Valley View Christian Church, where she was baptized as an adult, served on the missions committee and taught religious classes. At Valley View, pastors preach that abortion is murder, that the Bible is the literal word of God and that homosexuality is a sin -- although they also preach that God loves everybody.

White House spokeswoman Dana Perino declined to comment on Hecht's recollection yesterday but said President Bush did not ask Miers her personal views on abortion or any other issue that may come before the court. "A nominee who shares the president's approach of judicial restraint would not allow personal views to affect his or her rulings based on the law," Perino said.

Some religious conservatives have expressed deep dissatisfaction with the Miers nomination, grumbling that she has never taken public stands on hot-button social issues. But her friends point to Valley View as evidence that she is cut from conservative cloth. They say she's not a "holy roller" who flaunts her religion on her sleeve but she lives her faith as a born-again Christian. ...

Even in Dallas, home of groups such as the Texas Eagle Forum and the Republican National Coalition for Life, some religious conservatives say Miers, 60, has demonstrated an insufficient commitment to family values. They cited a questionnaire she filled out for a gay rights group in 1989 as a candidate for Dallas City Council, indicating that gay people should have the same civil rights as straight people and that the city should fund AIDS education and services. After her election, she appointed an openly gay lawyer to an influential city board.

"For goodness' sake, why elevate AIDS over cancer? She shouldn't have filled out that questionnaire at all," said Cathie Adams, president of the Texas Eagle Forum. "President Bush is asking us to have faith in things unseen. We only have that kind of faith in God."

For my part, I would much rather rely on a firm body of Constitutional scholarship or judicial opinions than church attendance for faith in this candidate. The push by more enthusiastic Miers supporters to consider her religious outlook smacks of a bit of hypocrisy. After all, we argued the exact opposite when it came to John Roberts and William Pryor when they appeared before the Senate Judiciary Committee for their appointments. We derided Chuck Schumer and his references to "deeply held personal beliefs". Conservatives claimed that using religion as a reason for rejection violated the Constitution and any notion of religious freedom. Does that really change if we base our support on the same grounds?

We need to put an end to this line of inquiry about Miers. If this is all we get in terms of evidence on which to support her candidacy, then the White House and the Miers cheerleaders need to acknowledge their error. Otherwise, we will hand the Schumers all the ammunition they need to keep evangelicals and Catholics off the Supreme Court for the next generation. Either come up with more substantial and appropriate evidence for supporting her nomination, preferably some exceptional scholarship or casework, or withdraw her nomination.

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