I was recently asked to speak about the current state of US religious freedom law. I guess it somehow seemed appropriate to do that in Indiana—at ground zero in the culture wars, where religious freedom seems to have gone to die. I used the occasion to address the peculiar relationship that religious studies as a field seems to have with the Supreme Court and its decisions—indeed, with religious freedom, American style.
Posts Tagged ‘church and state’
The right-wing Law and Justice Party victory in the 2015 parliamentary and presidential elections has opened a new chapter in the relationship between the Catholic Church and the state in Poland. For the first time after the fall of communism, the governing party is openly instrumentalizing the Church for its own political ends. A central figure in this endeavor is Father Tadeusz Rydzyk—a businessman, priest and founder of the politically charged Radio Maryja station. Rydzyk is supported by a large part of episcopate, although there is a significant number of leaders who fear such entanglements could lead Polish Catholicism into a major spiritual crisis and a loss of respect for the Church.
Last summer I read All Can Be Saved by the eminent historian of colonial Latin America, Stuart Schwartz. It’s a compelling story of inter-religious tolerance and boundary-blurring coexistence in the Hispanic world in the sixteenth through nineteenth centuries. Near the end of the book, Schwartz sums up his approach: “One must go beneath the histories of state policies and religious dogmas that have dominated the writing of history, and one must look not primarily in learned discourse (usually controlled) and at the policy of government and kings, but in the actions and words of people who sought to think for themselves.”
Beyond Religious Freedom addresses a parallel set of concerns in a different setting. It asks scholars of law, religion, and global politics to consider not only the histories of learned discourse (expert religion) and the policies of governments and kings (official or governed religion) but also the actions and words of ordinary people (lived or everyday religion). The interactions between these overlapping fields, the power dynamics through which they shape each other, and their deep immersion and fluid entanglements with their socio-cultural, legal, economic, and political surroundings are, on one level, the subject of the book.
The stark divide between the sacred and the profane engendered by the Great Separation between religion and politics in the West is put to the test in Saba Mahmood’s rich and fascinating study of secularism and its paradoxes. Challenging conventional understandings of secularism as the solution to the religion-fueled wars that have characterized much of human history through the Enlightenment, Mahmood boldly argues instead that secularism is one of the enabling conditions of conflict. Religious Difference in a Secular Age: A Minority Report offers an incisive and counterintuitive depiction of the strange career of secularism as anchored in the state’s sovereign power to define and regulate religious life—a sphere that by secularism’s own terms should have been private and depoliticized. This claim acquires particular significance when applied to the supposedly non-secular states in the Middle East. It turns out that when it comes to government intervention in religions, there is not much separating the liberal secular states of the West from the religious, authoritarian states of the Middle East. Could the Great Separation actually be one great con?
In Religious Difference in a Secular Age: A Minority Report, Saba Mahmood has produced a valuable account both of how the idea of separating religion from politics came to be central to the development of the “religiously neutral” state in Europe (beginning with the Thirty Years War in the seventeenth century and culminating in the new nations after the First World War) and of how that idea became politically important in the postcolonial Middle East. In particular, she describes how in constituting religious identities, the state in modern Egypt creates unexpected opportunities for political power and social confrontation among those who seek to regulate, as well as those who claim to represent, religious minorities. Her detailed analysis of the rich historical and ethnographic material she has assembled reinforces the conclusion that instead of regarding the secular state as the solution to discrimination against religious minorities, it must itself be understood as part of the problem. So I offer a few reflections prompted by her excellent study, first on liberal ideals that are commonly said to promote equal treatment for minorities, and then about the secular anxiety that preceded the 2013 coup against the elected president Mohamed Morsi.
The Department of Religious Studies at the University of California-Santa Barbara, with support from the Cordano Endowment in Catholic Studies, will host a conference on “Freedom of (and from) Religion: Debates Over the Accommodation of Religion in the Public Sphere” from April 30 to May 2, 2015.
Ethiopian Prime Minister Meles Zenawi died shortly before the 2012 Meskel festival, the Finding of the True Cross—one of the major festivals of the Ethiopian Orthodox Church. Its public centerpiece is the burning of a great bonfire in Addis Ababa’s Meskel Square, which takes its name from the occasion. State television broadcasts the ceremony every year, and the 2012 broadcast (2005 by the Ethiopian calendar) can be found on YouTube. The festival revolves around the bonfire, recalling the smoke that led Constantine’s mother Saint Helena to the recovery of Christ’s cross. On this occasion a kitsch re-enactment of the story precedes the lighting of the fire, as Helena and her entourage parade the cross, decked with fairy lights, on a carnival float [4:50-5:20]. Overlooking the whole event, and clearly visible as the fire burns, are several billboards depicting the recently deceased Prime Minister. One reads: “We will keep our word and fulfill your vision.” The religious connotations of the Ge’ez word ra’iy, “vision,” are presumably intentional.
On April 3rd, 2014, The United States Court of Appeals for the Second Circuit upheld (by overturning the judgment of a lower court) the decision of the New York City Board of Education to exclude groups (in this case, churches) from using school facilities outside of school hours “for the purpose of holding religious worship services.”
Amid the conflict currently underway in Egypt—between state authorities led by the military-backed government and the Muslim Brotherhood and their Islamist allies—another momentous battle is being waged over the country’s mosques and pulpits. Sermons, religious lessons, and charitable and development activities centered in mosques are an important sphere of influence for Islamist movements of various stripes. This arena is also a space to affirm the legitimacy of the regime in Egypt, whose government directly runs many mosques and oversees many more through the Ministry of Endowments (Awqaf). As such, mosques have long been the locus of struggles over power and influence between the regime and its men in the official religious establishment on one hand, and Islamist groups on the other. Currently, the Ministry of Endowments is instituting strict policies aimed at tightening its exclusive control over all Islamic rites and mosque-centered activities, in tandem with a sweeping security campaign targeting the activities of all Islamist movements, with the exception of the pro-government Salafi al-Nour Party.
The efflorescence of religious life in China over the past thirty-some years has been truly amazing. In the rural areas and small towns of Wenzhou, on the country’s southeastern coast, where I have conducted fieldwork for the past twenty years, one can find periodic religious festivals celebrated in the streets and see people hold their annual ancestor sacrificial rituals. New and restored deity temples, ancestor halls, Daoist and Buddhist temples, and Protestant and Catholic churches have sprung up at a similarly frantic pace. Yi Jing (易经, “Book of Changes”) diviners, fortune-tellers, geomantic fengshui masters, and spirit mediums all enjoy a prosperous business. Even in mega-cities like Shanghai, where most of the population is firmly secular, one still finds much religious activity. In 2012, I found the main City God Temple in Shanghai gleaming with new interior décor, funded by wealthy families who spend hundreds of thousands of yuan hiring Daoist priests to conduct rituals to ensure family health and prosperity. Furthermore, the growing field of religious studies in China no longer feels the need to restrict research to the safety of the historical past. A new generation of younger scholars conducts fieldwork on the rich and diverse religious life found in all corners of the country today.
How will the relationship between the state and religion in China evolve in the next decade, presumably under the leadership of the Chinese Communist Party (CCP) General Secretary Xi Jinping? To make any sensible predictions about the future development of the state-religion relationship in China, we have to go back in time. Two reference points are especially important: 1979 and 1966.
In 1979, after thirteen years of failed attempts to eradicate religion from the entire society, the ban on religion was lifted. A limited number of churches, temples, and mosques began to reopen for religious worship services. It is important to know that this new policy stemmed from pragmatic considerations rather than from doctrinal change: its purpose was to rally people from all walks of life, including religious believers, for the central task of economic development under the new leadership of the CCP.
Everyone in China knows that official religious policy has only a nominal relationship to religious practice. The complaint comes from temple managers who are unable to register their temples, from Christian pastors tired of running their churches underground, and just as loudly from the atheist state itself and the Communist Party officials charged with enforcing the policy. Why does China continue to promote religious policies that do not fit reality and that satisfy no one?
In contrast to its religious policy, China has not been frozen at all in other policy realms. In the economy, for example, the past few decades have seen the rapid move from the agricultural responsibility system, a spurt in collective township and village enterprises followed by a general privatization, and the successful resolution of the government’s fiscal crisis in the 1990s. There are arguments about whether policy makers were leading or only following these developments, but either way they have shown a nimble ability to adapt—”to cross the river by feeling their way from stone to stone,” to borrow a phrase that Deng Xiaoping was fond of using. In the river of religion, however, they are still searching for the next stone.
A recent Gallup poll found that almost half of China’s people (47 percent) say that they are “convinced atheists”—the highest rate of atheism in the world. However, surveys conducted by Fenggang Yang and others show high levels of religious practice—as much as 85 percent of the population carry out rituals to honor ancestors, seek out good fortune, ward off evil, celebrate festivals, and accumulate merit for a good afterlife. Ethnographers have also documented the construction of many churches and temples, elaborate festivals, rituals for healing, and the cultivation of the mystical forces of qi. How, then, can we reconcile reports of widespread atheism with those of widespread religious practice?
This short essay sketches out the different views that may be identified within the Chinese Communist Party as we look at the recent actions of the party on religious affairs—actions that seem to end in contradictory directions. On the one hand, the promotion of international Buddhist and Taoist forums and the liberalization of regulations concerning the social activities religious organizations are allowed to perform, and, on the other hand, the continued harassment of some religious minorities. Debates about the involvement of religion in contemporary global politics have for the last four decades often overlooked China, an oversight rooted in two misconceptions widely held both in the West and among Chinese leaders themselves.
Earlier this summer, The Immanent Frame published an off the cuff exchange about the State Department’s new initiative to engage religious communities in US diplomacy. Conversation and critiques are still going strong; Elizabeth Shakman Hurd, an original contributor to “Engaging religion at the Department of State,” has penned a commentary for Al Jazeera America in which she critiques US faith-based engagement abroad as a violation of the separation of church and state.
Recent years have seen the resurgence of “metahistories” that seek to provide a single complex narrative of seemingly disparate events and developments. Among the most prominent contemporary accounts are Marcel Gauchet’s La condition historique (2005), Charles Taylor’s A Secular Age (2007) and Robert Bellah’s Religion in Human Evolution (2011). In different ways, all three offer an overarching story of how the distant past—whether the emergence of the modern state or the rise of secular unbelief as a default position or cultural capacities driving religious development—continues to shape the present. Brad S. Gregory’s The Unintended Reformation is another such ambitious attempt, charting the way in which Protestantism unwittingly invented the capitalism and secular liberalism that together constitute our current condition.
Tags: business, capitalism, Catholicism, church and state, democracy, government, liberalism, modernity, modernization, morality, Protestant Reformation, Protestantism, secularization
Posted in The Unintended Reformation | No Comments »
This Wednesday will mark the fiftieth anniversary of Martin Luther King, Jr.’s landmark “I have a dream” speech and the 1963 March on Washington. In commemoration of the great moment in American civil rights history, scholars and commentators have dedicated much of this past month to recognizing Dr. King’s legacy. At Religion News Service, Yonat Shimron and Adelle M. Banks offer insights from academics of religion and discuss the speech’s continued relevance.
In Contesting Secularism: Comparative Perspectives, editor Anders Berg-Sørensen compiles works from leading scholars to provide an interdisciplinary, comparative approach to the debate of religion and secularism in the public sphere.
Dennis J. Goldford was recently interviewed by Religion Dispatches Magazine about his new book The Constitution of Religious Freedom: God, Politics, and the First Amendment, which explores the notion of “separation of church and state” and the religious identity of America.
A judge in California ruled on Monday that teaching yoga in public schools does not violate the U.S. Constitution’s separation of church and state. The ruling came as a response to a lawsuit brought forth by parents in the Encinitas school district, in which the parents argued that teaching yoga in public schools was a form of indoctrination.
The U.S. Supreme Court ruled 5 to 4 on Wednesday that the Defense of Marriage Act (DOMA), a 1996 law that denied federal benefits to legally married same-sex couples, is unconstitutional. The Court also declined to rule on Proposition 8, a California case that banned same-sex marriage, on technical grounds, deciding that the case was improperly before the Court. The following roundup presents a range of reactions from both sides, with a focus on the religious aspects that have long influenced this debate.
Tags: American politics, church and state, gay marriage, law and religion, LGBTQ, morality, Mormons, public sphere, religion in the U.S., Roman Catholic Church, Supreme Court of the United States, U.S. Conference of Catholic Bishops
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The Red Egg Review is a new online journal addressing questions of secularism and politics from and Eastern Orthodox perspective
Post-election reporting that 79 percent of white evangelicals voted for Mitt Romney got little attention in the news because most journalists thought it wasn’t news. Evangelical support for the GOP has been consistent; even Romney’s Mormonism didn’t put them off. So election analysis approached white evangelicals as it usually has: as religio-political lemmings, all voting Republican for all the same reasons.
Yet where there was once the appearance of a monovocal evangelicalism there is now robust polyphony—what theologian Scot McKnight calls “the biggest change in the evangelical movement at the end of the twentieth century, a new kind of Christian social conscience.” This deserves our attention because most politics does not happen at elections but in between, when policy is negotiated and implemented. Current shifts in evangelical activism have re-routed the flow of evangelical money, time, and energy, and are changing the demands on the US political system. This essay investigating the shift is based on seven years of field research in evangelical books, articles, newsletters, sermons, and blogs, and on interviews with evangelicals, ages 19 to 74, across geographic and demographic groups—from students in Illinois to retired firemen from Mississippi, from former bikers to professors and political consultants.
Tags: American politics, church and state, electoral politics, Evangelicalism, evangelicals, Pew Forum on Religion and Public Life, religion and politics, religious right, world affairs
Posted in The new evangelicals | 13 Comments »
New Directions in the Study of Prayer grantee Peter Manseau observes that both the Obama and Romney campaigns describe religious liberty as America’s “first freedom,” a characterization that has “become so commonplace that it seems churlish to question it.” But Manseau finds that what constitutes the first freedom has historically been far from clear-cut, and […]
A Texas judge has ruled on the case of the Texas cheerleaders who were using banners with Christian Bible verses on them at football games at their public high school.
Religion and the Political Imagination is a volume, edited by Ira Katznelson and Gareth Stedman Jones, that brings together a group of historians and political scientists to take a new look at the theoretical and constitutional aspects of relations between religion and political institutions since the Enlightenment, in particular the theory of secularization that arose during this period.
Hubert Knoblauch is a professor of sociology at the Technical University of Berlin, where he specializes in general sociological theory, sociology of knowledge, and the sociology of religion. A student of Thomas Luckmann, he is among the most distinguished representatives of the sociology of religion in Germany today. This summer, we sat down together over some of Berlin’s famously bad Indian food to discuss the sociology of religion in Germany, the influence of Jürgen Habermas, the meaning of spirituality, and ways to quit smoking.
Over at Tim Out Chicago, the website has conducted a short interview with Tariq Ramadan, the influential Swiss public intellectual who has been a both criticized and praised for his work on Islamic theology.
The child, as the psychoanalytic theorist Adam Phillips points out, “remains our most convincing essentialism.” By this he means that at a time when racial, gender, and even sexual identities are increasingly understood to be constructed, permeable, and ever shifting, the category of childhood—with its razor-sharp counterpoint of adulthood—remains steadfast and enduring. Legal definitions, of course, reinforce this clear demarcation, with eighteen being the moment one crosses the presumed divide from childhood into adulthood. That some adults remain perpetual children—regressed, childlike, or developmentally arrested—long after they cross the temporal barrier between childhood and adulthood is as indisputable as is our widely accepted awareness that continuums of development make childhood and adulthood highly variable, evolving, and overlapping identity positions for us all. A fifteen-year-old looks, acts (we hope), and understands very differently than a six-year-old, despite the fact that both are understood to be children.
Tags: American religion, bishopaccountability.org, church and state, history, justice, law and religion, Roman Catholic Church, sexual abuse, study of religion
Posted in Sex abuse in the Catholic Church | No Comments »
While greatly admiring the other pieces in this series and the humanist sensibility and critique that pervades them, I will suggest in this essay that it is, in part, the very dichotomy between the legal and the religious, what I will call separationist thinking, that hobbles our capacity to think clearly about what happened and why. I will suggest that there are not, on the one hand, “specifically religious grounds” apart from the legal or, on the other, “primarily legal” ones apart from the religious. The two are deeply implicated, one in the other. The sex abuse crisis is, in some sense, also a church-state crisis.
One of the major achievements of the past quarter century has been the growing awareness of the prevalence and damaging psychological consequences of the sexual abuse of children. State child protection authorities substantiated 63,527 cases that involved childhood sexual abuse in 2010, the last year for which figures are available. A survey by the Centers for Disease Control of more than 17,000 adult Kaiser-network members, generally well educated and middle class, found that 16 percent of men and 25 percent of women said they had experienced childhood sexual abuse. And yet, it is remarkable how recently the sexual abuse of children was not taken seriously. Not until 1974, when Congress passed the Child Abuse Prevention and Treatment Act, were states required to establish reporting requirements in suspected cases.
Physicians, psychologists, and criminal codes (i.e., Texas state law) largely agree on what constitutes the sexual abuse of children by an adult. It includes, but is not limited to, the sexual touching of any part of the body, clothed or unclothed; penetrative sex, including penetration of the mouth; encouraging a child to engage in sexual activity, including masturbation; intentionally engaging in sexual activity in front of a child; showing children pornography, or using children to create pornography; and encouraging a child to engage in prostitution.
What I want to tackle, immediately, is the fraught relationship between effect and affect in this subject for those of us who seek to interpret it. It is difficult to write or think about sex abuse without being affected by its circulating effects, without feeling that the very practices of academic analysis do something suffocating to its experience. To think about sex abuse in an academic context could suggest that we might wish to think away its awfulness; to write about sex abuse could suggest that we seek to argue away its visceral trauma.
Tags: American religion, bishopaccountability.org, church and state, justice, Roman Catholic Church, sexual abuse, study of religion, U.S. Conference of Catholic Bishops
Posted in Sex abuse in the Catholic Church | 11 Comments »
Filmmaker Vic Losick recently released “In God We Teach,” a documentary about a public high school student who surreptitiously recorded a lecture given his history teacher and accused him of Christian proselytiing.
Everson v. Board of Education is considered a landmark of First Amendment jurisprudence. That 1947 case marks the first time the Supreme Court held that the disestablishment provision of the First Amendment is binding on the states, and not just on the federal government. The “incorporation” of the principle of disestablishment thus completed the task begun seven years earlier in Cantwell v. Connecticut, when a unanimous Court held that free exercise applied to the states. In Cantwell, the Court overturned the convictions of three Jehovah’s Witnesses, who had been arrested for unlicensed soliciting and a breach of peace.
Tags: American politics, church and state, Establishment Clause, First Amendment, law and religion, Protestantism, public sphere, religious freedom, Rick Santorum, Supreme Court of the United States
Posted in The politics of religious freedom | No Comments »
Adopted in 1950, Article 17 of the Indian Constitution legally abolished untouchability—the ancient Hindu system of social discrimination—forbade its practice in any form, and made the enforcement of any discrimination arising out of this disability a criminal offence. At the same time, the Indian Constitution guaranteed freedom of religious belief and practice under Article 25 and autonomy of religious institutions under Article 26. The discussion of Employment Division v. Smith in Winnifred Sullivan’s post and subsequent comments reminded me of the very substantial jurisprudence surrounding Article 26.
Religious freedom and religious establishment have come to mean many things to many people. This is, in part, because of the shifting contours of the definition of religion itself (as has been pointed out by others in this series, including Winnifred Fallers Sullivan and Elizabeth Shakman Hurd). But it is also because the nature of freedom is contested ground. The shifting nature of these two concepts makes normative assessment—religious freedom is good, religious freedom is bad—extremely difficult to carry out in any meaningful way. Further, when people advocate for or against religious freedom they are often talking about very different things. Similarly, the measurement of establishment is equally nebulous.
Tags: Canada, church and state, definition of religion, establishment, Establishment Clause, law and religion, religion and culture, religious freedom
Posted in The politics of religious freedom | No Comments »
Last week the U.S. Conference of Catholic Bishops (USCCB), and its Ad Hoc Committee for Religious Liberty released a lengthy statement entitled “Our First, Most Cherished Liberty,” the latest manifestation of the tensions between the USCCB and President Barack Obama’s administration.
As a historian of religion, much of my recent work has focused on tracing the genealogy of what we call religious freedom in developments internal to European Christianity. My goal has not been to frame a normative theory of what limit ought to be placed on the freedom of religion—whatever this word is taken to mean—in any contemporary jurisdiction nor (apart from the effect of British colonialism on India) to trace the very different histories of the modernization of cultural traditions in other parts of the world, as these traditions have been shaped by the complex forces of economic development, nationalism, and technologization.
Tags: belief, Christianity, church and state, Employment Division v. Smith, Friedrich Nietzsche, genealogy, Immanuel Kant, law and religion, Protestantism, religious freedom, religious toleration, secularism
Posted in The politics of religious freedom | No Comments »
It is hard not to be convinced by Akeel Bilgrami’s careful, patient, and generous exposition in “Secularism: Its Content and Context.” And indeed there is much with which I agree, especially the balance that Bilgrami strikes between a care for truth, on the one hand, and the idea of internal reasons, on the other. My remarks below are offered by way of exposition and clarification, but they are motivated by a spirit of interpretation: it seems to me that the paper operates in distinct tonal registers: a primary register of hope, a secondary register of tragedy, and an unacknowledged third register, which I will call prophetic.
Tags: Akeel Bilgrami, Charles Taylor, church and state, John Rawls, Mahatma Gandhi, Maurice Merleau-Ponty, pluralism, secularism, Talal Asad
Posted in Secularism: Its Content and Context | No Comments »
There is much that could be said about the history of the Catholic Church and its dedication to the defense of religious freedom. What interests me about the formation of a new Ad Hoc Committee on religious freedom at this time is the company that the bishops are keeping today—and why the bishops’ bellicose language accusing the Obama administration of mounting a war on religious liberty seems to make sense to such a disparate and varied group. Beyond the obvious self-interest, there is a genuine urgency to the bishops’ appeal, one that is legible to a surprising number of Americans.
Tags: Catholicism, Christianity, church and state, Employment Division v. Smith, Hosanna-Tabor, law and religion, religious freedom, Supreme Court of the United States
Posted in The politics of religious freedom | No Comments »
Michel Foucault famously describes Jeremy Bentham’s Panopticon as a “cruel, ingenious cage” to be understood not as a “dream building … [but as] the diagram of a mechanism of power reduced to its ideal form … a figure of political technology.” For Foucault, panopticism is “the general principle of a new ‘political anatomy’ whose object and end are not relations of sovereignty but the relations of discipline: [t]he celebrated, transparent circular cage, with its high towers powerful and knowing.” In reading the Supreme Court’s decision in Hosanna-Tabor v. EEOC recognizing a “ministerial exception” to antidiscrimination law—a case hailed almost immediately as a victory for religious freedom—it is for me the specter of the Panopticon that haunts every page.
Tags: Christianity, church and state, Hosanna-Tabor, law and religion, political theology, religious freedom, sovereignty, Supreme Court of the United States
Posted in The politics of religious freedom | No Comments »
Conventional wisdom has it that religious liberty is a universally valid principle, enshrined in national constitutions and international charters and treaties, whose proper implementation continues to be thwarted by intransigent forces in society such as illiberal governments, religious fundamentalists, and traditional norms. Insomuch as the Middle East, and the Muslim world in general, are supposed to be afflicted with the ills of fundamentalism and illiberal governments, then the salvific promise of religious liberty looms large. In this brief post I would like to question this way of thinking through a consideration of the career of religious liberty in the modern Middle East.
Tags: Christianity, church and state, civil religion, colonialism, Coptic Orthodox Church, Egypt, history, international affairs, Islam, post-colonialism, religious freedom, structure and agency
Posted in The politics of religious freedom | 1 Comment »
In light of Rick Santorum’s recent comments on religion and the public sphere, we asked a small handful of scholars about the status of such claims regarding religion in American political life. Just how “naked” is the American public square? What is the appropriate place of religion in the public sphere?
Read responses by Abdullahi Ahmed An-Na’im, Michele Dillon, John L. Esposito, John H. Evans, Philip S. Gorski, R. Marie Griffith, Cristina Lafont, Nancy Levene, Nadia Marzouki, Ebrahim Moosa, Justin Neuman, and John Schmalzbauer.
Tags: American politics, Anti-Catholicism, Catholicism, church and state, electoral politics, Evangelicalism, Islam, Mormonism, Protestantism, public sphere, religion in the U.S., religious right, Rick Santorum
Posted in off the cuff | 1 Comment »
In what is latest in a series of conflicts between the Obama administration and the Roman Catholic Church, a recent regulation announced by the Department of Health and Human Services mandating that all employers—including religiously affiliated institutions such as Catholic universities and hospitals—provide health care that covers the cost of contraception has provoked widespread outcry from religious leaders, both Catholic and Protestant, as well as from many politicians, both Republican and Democrat. President Obama has outlined a compromise whereby employees at religious organizations would be given access to free contraception directly from health insurers themselves, yet this has done little to quell criticism and ongoing debate.
We’ve invited a small handful of scholars to comment on how the debate highlights enduring and nascent issues involving claims to multiple rights made in the context of American public life.
This past Thursday, February 16th, Andy Newman reported for the New York Times that Judge Preska of the Federal District Court in Manhattan had issued a 10-day restraining order on the city’s ban of churches worshiping in public schools.
Akeel Bilgrami’s paper is very rich; I cannot speak to all its arguments. I focus on his principal concern: his desire to amend Charles Taylor’s definition of secularism so that the rights to free exercise of religion and evenhanded treatment are qualified by “the ideals that a polity seeks to achieve (ideals, often, though not always, enshrined in stated fundamental rights and other constitutional commitments).” When religions are inconsistent with these ideals, “there is a lexical ordering in which the political ideals are placed first.” These ideals can, apparently, be anything, as long as they “do not get articulated in terms that mention religion or the opposition to religion.” What is important is that they exist and that they come first.
In Religion Dispatches, Katherine Stewart asks what the Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. decision can tell us about how religion is viewed by the courts and, more broadly, by the government.
In Reuters, journalist Katherine Stewart gives her thoughts regarding American Civil Liberties Union’s (ACLU) recently filed lawsuit against New Heights Middle School for proselytizing students, and the larger trends of “peer” and “pizza” evangelism.
In discussing secularization, it has become conventional to note that the concept refers to various processes, of which three are particularly prominent. First, the gradual delegitimation of natural and revealed religion’s truth-claims in the face of rational critique. We can call this intellectual secularization. Second, the process by which some states have constitutionally disengaged from their citizens’ religious beliefs and institutions. We can call this state secularization. Third, the increase across society of knowledge, activities, values, tastes, and activities which lack religious content, as well as the extent to which, increasingly, people involve themselves with these non-religious forms. We can call this social secularization.
Tags: Akeel Bilgrami, atheism, Charles Taylor, church and state, Europe, history, liberal democracy, secularism, secularization, sovereignty
Posted in Secularism: Its Content and Context | 3 Comments »
The last sentence of the Court’s opinion in Hosanna-Tabor announces the dogma that binds the majority opinion. Affirming for the first time the constitutional status of the ministerial exception, the Chief Justice declares that “(t)he church must be free to choose those who will guide it on its way.” Not “persons” must be free to choose their own ministers, but “the church” must be free. What is “the church?”
Tags: Catholicism, Christianity, church and state, Church history, Church of England, Hosanna-Tabor v. EEOC, law and religion, religious freedom, Supreme Court of the United States
Posted in Rethinking secularism | 1 Comment »