Monday, April 23, 2007

Was Roe anti-Catholic from its conception?

Interestingly Roe v. Wade was decided in 1973--two years after Lemon v Kurtzman in which the Supreme Court struck down various forms of assistance to religious schools, which at the time were almost exclusively Roman Catholic. In 1973 the Court struck down other aid to religious schools in the Nyquist decision. Is it possible that a majority of the Court had a bias, conscious or unconscious, against the Roman Catholic faith that manifested itself in two separate lines of cases holding unconstitutional government action perceived to be sympathetic to the Catholic Church (i.e.,restrictions on abortions and funding assistance to Catholic schools)?