The talk that the supervising judge in Brooklyn civil court may have been picked by that borough’s Democratic machine in part to fill a “Jewish slot,” as reported by Jack Newfield and Colin Miner in today’s Sun, is striking. Article VI of the federal Constitution, one of the strictest passages of that document, sets forth that: “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” While this prohibition originally applied to offices under the federal government, the 14 th Amendment extended such protections to Americans whatever level of government might be involved.

New York State’s constitution also has language that would seem to be contravened by such practices. Article I, Section 3 states that: “The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind; and no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief.” And Article I, Section 11 reads, in part: “No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.”

While the courthouse skivvy in Brooklyn indicates it would be a party machine — not the state — doing the discriminating, the effect would be the same: to deny public offices to candidates on the basis of religion. While the purpose of the religious bean counting in Brooklyn is likely meant to preserve some delicate political balance, as opposed to keeping out members of disfavored religious denominations, it nonetheless means that some religions are being advanced at the expense of others.