Religion & American Law

Last week it was announced by Speaker of the House John Boehner that Pope Francis would address Congress during his upcoming visit to the United States. While the news of this unprecedented address has seemed to excite many it also raises some serious questions about the separation between church and state. The fundamental question being does the act of having the Pope, the official leader of the Catholic Faith, addressing the elected legislative branch, violate the establishment clause.

Politically speaking this seems to be a non-issue for both Democrats and Republicans. Speaker Boehner, a Catholic himself, told reporters that "We're humbled that the Holy Father has accepted our invitation and certainly look forward to receiving his message on behalf of the American people.” Minority Leader, Nancy Pelosi, also of the Catholic Faith, issued a statement declaring she is looking forward to Pope Francis’ “call to live our values, to protect the poor and the needy, and to promote peace.” In such a divided Congress this seems to be a rare instance of mutual agreement. It is extremely unlikely that any politician will come out and oppose the Pope’s address to Congress as the ramifications of such a bold stance would be dire. Nonetheless, there still are some who feel uneasy about the Pope’s address.

These people assert that Pope Francis addressing Congress is a blatant example of the government “establishing religion”. Not only would the Pope’s visit be an establishment of religion but it would be an establishment of religion in the epicenter of American government! They also reason that if the government is truly neutral than shouldn’t the leaders of all religious faiths be extended invitations to address Congress? And thus the hallowed slippery slope is created. Certainly it is fair to ask how it can be that the Pope gets this unique opportunity to address the people’s elected lawmakers whereas leaders of other religious groups do not.

Well hold on, the timing of Pope Francis invitation is extremely interesting. Speaker Boehner’s invitation to the Pope comes on the heels of his controversial invitation to Israeli Prime Minister Benjamin Netanyahu to also address Congress. In the case of Netanyahu, the invitation was met with much criticism. While Netanyahu and the Pope do not hold identical roles one can assert that the Israeli prime Minister is the closest Jewish equivalent to the Pope. It is worth noting that technically the Pope is also a head of state. Still, these same people argue that if Catholics and Jews are being allowed to address Congress what about other religions? After all, Catholics make up roughly twenty two percent of the United States, and Jews make up less than two percent. That’s a huge percentage that doesn’t seem to be represented in this capacity.

This is a very unique situation and there is no legal case that I could find that sets a precedent for the constitutionality of the Pope’s address. Nonetheless, I believe that Pope Francis should be allowed to address Congress. Although he is a religious figurehead, it seems as if the content of the Pope’s address will be apolitical and an embodiment of many of the values our country was founded on. Therefore, I do not view this address as an establishment of religion, especially since the Pope is a head of state. According to the House of Representatives website, over the past century, foreign heads of state and heads of government of over forty nations have addressed Congress. Yet even if his classification was not as a “head of state”, the enormous following the Pope has and his general message of peace, and aiding the needy, is secular in nature and certainly makes him someone who should be able to receive an invitation to address Congress. This occurred in 1994 as Mother Theresa addressed Congress at the National Prayer Breakfast. However, I must say that if the Pope used this forum to preach a more non-secular message, I would not be in favor of him addressing Congress.

Since it is already announced the Pope will address Congress we now must wonder what sort of precedent this sets moving forward. If the next Speaker of the House is Muslim can they invite a Muslim leader to address Congress? What about if the next speaker is from another Christian denomination? While I view the Pope as a unique guest, I can foresee how this could be something to follow moving forward.

Surprisingly, there has been little literature dedicated to these fundamental questions about the Pope’s address to Congress. Do you think he should be granted this forum? Or is this an establishment of religion?