When the Supreme Court was established in 1789, the first members came from among the ranks of the
Founding Fathers and were almost uniformly Protestant. Of the 116 justices who have been appointed to the court, 92 have been from various Protestant denominations and 15 have been Catholics (one other justice,
Sherman Minton, began practicing Catholicism after leaving the court). Another,
Neil Gorsuch, was raised in the Catholic Church but later attended an
Episcopal church, though without specifying the denomination to which he felt he belonged. Three of the 17 chief justices have been Catholics, and one Jewish justice,
Abe Fortas, was nominated to be chief justice, though this nominated was withdrawn in the face of a filibuster. The table below shows the religious affiliation of each of the justices sitting :
Protestant justices Most Supreme Court justices have been Protestant Christians. These have included 33
Episcopalians, 18
Presbyterians, nine
Unitarians, five
Methodists, three
Baptists, two
Disciples of Christ, and lone representatives of various other denominations.
William Rehnquist and
William R. Day were the court's only
Lutherans.
Noah Swayne was a
Quaker. Some fifteen Protestant justices did not adhere to a particular denomination. The religious beliefs of
James Wilson, one of the earliest justices, have been the subject of some dispute, as there are writings from various points of his life from which it can be argued that he leaned towards
Presbyterianism,
Anglicanism,
Thomism, or
Deism; it has been deemed likely that he eventually favored some form of Christianity.
Baptist denominations and other
evangelical churches have been underrepresented on the court relative to the population of the United States, and entirely unrepresented since the retirement of Methodist
Harry Blackmun in 1994.
Neil Gorsuch was the first member of a
mainline Protestant denomination to sit on the court since Stevens' retirement.
Ketanji Brown Jackson is a
non-denominational Protestant.
Catholic justices , the first Catholic justice The first Catholic justice,
Roger B. Taney, was appointed chief justice in 1836 by
Andrew Jackson. The second,
Edward Douglass White, was appointed as an associate justice in 1894, but also went on to become chief justice.
Joseph McKenna was appointed in 1898, placing two Catholics on the court until White's death in 1921. This period marked the beginning of an inconsistently observed "tradition" of having a "Catholic seat" on the court. Other Catholic justices included
Pierce Butler (appointed 1923) and
Frank Murphy (appointed 1940). Justice
James F. Byrnes was a lapsed Catholic.
Sherman Minton, appointed in 1949, was a Protestant during his time on the court. To some, however, his wife's Catholic faith implied a "Catholic seat". Minton joined his wife's church in 1961, five years after he retired from the court. Minton was succeeded by a Catholic, however, when President
Eisenhower appointed
William J. Brennan to that seat. Eisenhower sought a Catholic to appoint to the court—in part because there had been no Catholic justice since Murphy's death in 1949, and in part because Eisenhower was directly lobbied by
Francis Cardinal Spellman of the
Archdiocese of New York to make such an appointment. Brennan was then the lone Catholic justice in 1985, but by the 21st century there would be six Catholic justices on the court. Like Sherman Minton, Clarence Thomas was not a Catholic at the time he was appointed to the court. Thomas was raised Catholic and briefly attended
Conception Seminary College, a
Catholic seminary, but had joined the Protestant denomination of his wife after their marriage. At some point in the late 1990s, Thomas returned to Catholicism. In 2005,
John Roberts became the third Catholic Chief Justice and the fourth Catholic on the court. Shortly thereafter,
Samuel Alito became the fifth on the court, and the eleventh in the history of the court. Alito's appointment gave the court a Catholic majority for the first time in its history. In contrast to historical patterns, the court has gone from having a "Catholic seat" to being what some have characterized as a "Catholic court". The reasons for that are subject to debate. The fact that most recent Catholic appointees were also ideologically conservative has led some partisan critics to derisively refer to the court as "a Catholic boys club". However in May 2009, President
Barack Obama nominated a Catholic woman,
Sonia Sotomayor, to replace retiring Justice
David Souter. Her confirmation raised the number of Catholics on the court to six, compared to three non-Catholics. With
Antonin Scalia's death in February 2016, the number of Catholic justices went back to five. Scalia's replacement,
Neil Gorsuch, appointed in 2017, was raised Catholic but attends and is a member of an Episcopal church; it is unclear if he identifies as a Catholic as well as belonging to the
Episcopal Church. Most Jewish Supreme Court justices were of Ashkenazi Jewish descent, with the exception of Cardozo, who was Sephardic. None of the Jewish Supreme Court justices have practiced
Orthodox Judaism while on the court, although
Abe Fortas was raised Orthodox. Cardozo was succeeded by another Jewish justice,
Felix Frankfurter, but Brandeis was succeeded by Protestant
William O. Douglas. Negative reaction to the appointment of the early Jewish justices did not exclusively come from outside the court. Justice
James Clark McReynolds, a blatant
anti-semite, refused to speak to Brandeis for three years following the latter's appointment and when Brandeis retired in 1939, did not sign the customary dedicatory letter sent to court members on their retirement. During
Benjamin Cardozo's swearing in ceremony McReynolds pointedly read a newspaper muttering "another one" and did not attend that of
Felix Frankfurter, exclaiming "My God, another Jew on the Court!" Frankfurter was followed by
Arthur Goldberg and
Abe Fortas, each of whom filled what became known as the "Jewish seat". After Fortas resigned in 1969, he was replaced by Protestant
Harry Blackmun. No Jewish justices were nominated thereafter until Ronald Reagan nominated
Douglas H. Ginsburg in 1987, to fill the vacancy created by the retirement of
Lewis F. Powell; however, this nomination was withdrawn, and the court remained without any Jewish justices until 1993, when
Ruth Bader Ginsburg (unrelated to Douglas Ginsburg) was appointed to replace
Byron White. Ginsburg was followed in relatively quick succession by the appointment of
Stephen Breyer, also Jewish, in 1994 to replace
Harry Blackmun. In 2010, the confirmation of President Barack Obama's nomination of Elena Kagan to the court created the possibility that three Jewish justices would serve simultaneously. Prior to this confirmation,
conservative political commentator
Pat Buchanan stated that, "If Kagan is confirmed, Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats". At the time of his remarks, 6.4 percent of justices in the history of the court had been Jewish. Justice Ginsburg died in 2020, leaving only two Jews on the Supreme Court: Breyer and Kagan. Breyer announced his retirement in 2022, which left Kagan as the only Jew on the Court.
Graphical timeline of Jewish justices:
The shift to a Catholic majority, and non-Protestant court With Breyer's appointment in 1994, there were two
Catholic justices, Antonin Scalia and
Anthony Kennedy, and two Jewish justices, Stephen Breyer and Ruth Bader Ginsburg.
Clarence Thomas, who had been raised as a Catholic but had attended an
Episcopal church after his marriage, returned to Catholicism later in the 1990s. For the first time in the history of the court, Protestants were no longer an absolute majority. The first Catholic plurality on the court occurred in 2005, when Chief Justice Rehnquist was succeeded in office by Chief Justice
John Roberts, who became the fourth sitting Catholic justice. On January 31, 2006, Samuel Alito became the fifth sitting Catholic justice, and on August 6, 2009, Sonia Sotomayor became the sixth. By contrast, there have only been two Catholic U.S. Presidents,
John F. Kennedy (unrelated to Justice Kennedy) and
Joe Biden, who was previously the only Catholic to serve as Vice President. There has never been a Jewish U.S. President or Vice President. At the beginning of 2010, Justice
John Paul Stevens was the sole remaining Protestant on the court. In April 2010, Justice Stevens announced his retirement, effective as of the court's 2010 summer recess. Upon Justice Stevens' retirement, which formally began on June 28, 2010, the court lacked a Protestant member, marking the first time in its history that it was exclusively composed of Jewish and Catholic justices. the appointment of Amy Coney Barrett increased this majority to six Catholic members of the court, or seven if Gorsuch is classified as a Catholic.
Unrepresented religions A number of sizable religious groups, each less than two percent of the total U.S. population, have had no members appointed as justices. These include
Orthodox Christians,
Mormons,
Pentecostals,
Muslims,
Hindus,
Buddhists,
Sikhs, and members of
Native American religions.
George Sutherland has been described as a "lapsed Mormon" because he was raised in the
LDS Church, his parents having immigrated to the United States during Sutherland's infancy to join that church. Sutherland's parents soon left the LDS Church and moved to Montana. In 1975, Attorney General
Edward H. Levi had listed
Dallin H. Oaks, a Mormon who had
clerked for
Earl Warren and was then president of
Brigham Young University, as a potential nominee for
Gerald Ford. Ford "crossed Oaks's name off the list early on, noting in the margin that a member of the LDS Church might bring a 'confirmation fight'". No professing
atheist has ever been appointed to the court, although some justices have declined to engage in religious activity, or affiliate with a denomination. As an adult,
Benjamin Cardozo no longer practiced his faith and identified himself as an agnostic, though he remained proud of his Jewish heritage. ==Age==