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Religious Freedom, the Religious Right, and the Supreme Court Email Print

Melissa Rogers has an important piece at TomPaine.com about Justice Sunday, religious freedom and the Supreme Court that effectively answers some of the aggressive Christian nationalist notions of the contemporary dominionist movement.

Tony Perkins has asserted that the court has "cast[] the Ten Commandments out of the public square..."  The court has struck down some governmental Ten Commandments displays, but it has hardly cast these sacred scriptures out of public life, nor could it.  Not only do individuals frequently speak of and post these and other scriptures in public, the court has upheld a Ten Commandments monument that has stood on the Texas state capitol grounds for 40 years.  Lower courts have since relied on this decision when sanctioning other longstanding, relatively non-controversial displays of this kind.  In an appropriate case, the court is likely to use similar reasoning to uphold public school policies requiring the recitation of the Pledge of Allegiance with the words "under God," while maintaining the option for students to refrain from saying it.

The rhetoric and advocacy positions of the Family Research Council and its partners reveal that they want the court to go far beyond rulings like these.  For example, they want to reintroduce school-sponsored prayer in a variety of settings and ensure that the government has wide latitude to erect religious monuments and otherwise endorse religion. They express a broad desire to use the machinery of the state to promote their faith.

Understandably, many non-Christians are alarmed by this agenda. As a Baptist Christian, I am alarmed as well.  All people should be free from governmental pressure on matters of faith.  We should exercise the great freedom we have to practice our faith, but we should not ask the government to advance religion for us.  Indeed, when the government promotes faith, it inevitably uses religion for its own ends, which warps religion and weakens its spiritual force.  As Baptist preacher John Leland said in 1804: "Experience, the best teacher, has informed us that the fondness of magistrates to foster Christianity has done it more harm than all the persecutions ever did."

One aspect of religious freedom -- is religious equality under the law and the constitution. When government gets in the business of promoting religion in general, and one religion in particular, it is an afront to the religious freedom of all. This is a legal, constitutional and cultural issue: the sense in which religious freedom is intended, is the right to believe as one will, including holding non-religious views.

One aspect of the right to believe as one will, includes the right to change your mind. People convert from one faith to another. People become atheists. Atheists find God.  These things happen all the time. It is only in a society that enjoys religious freedom that such things are possible.

That is one aspect of the trend towards religious orthodoxy in religiously oriented colleges and universities, notably Catholic and Southern Baptists insitutions, that was raised by Esther Kaplan regarding a professor who was fired by the evangelically oriented Wheaton College, because he had converted to Catholicism.  (He now teaches at a Catholic college.)

Religious institutions, are human institutions. Although they are loath to admit it, their  understandings of the sacred, which are necessarily collective understandings of the sacred, change over time. Because this is so, religious orthodoxies change over time. Efforts to fix a particular orthodoxy in time by institutions is unrealistic and anti-historical, even as there is a tendency in some religious institutions to try to define exactly what it is they believe and what all adherents of the faith should believe. They have the right to do this.

What they do not have the right to do is to impose their views on a society founded upon religious equality among all citizens. The lack of respect for the rights of others under the Constitution is one of the factors driving contemporary cultural and legal conflicts. I call this tendency in the dominionist movement, religious supremacism.

The framers of the Constitution were wise to recognize that people's ideas about religion are highly diverse, dynamic, and that they go to the core of who they are as individuals. That is part of why they made it a right for citizens to believe as they will, free from government coercion, or the coercion of religious institutions. It is the obligation of government, particularly the courts, to respect and to protect our rights in this regard -- and not to become shills for the heated orthodoxies of the moment.


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The John Leland quotation is a very good one, and is quite similar to what Tocqueville had to say about religion in America: to wit, that it was much stronger and more vibrant than in Europe, due to the very fact that it wasn't forced down anyone's throat.  (Insert appropriate remark about bitter ironies here.)

To pick just one good quote from among many:

In proportion as a nation assumes a democratic condition of society and as communities display democratic propensities, it becomes more and more dangerous to connect religion with political institutions; for the time is coming when authority will be bandied from hand to hand, when political theories will succeed one another, and when men, laws, and constitutions will disappear or be modified from day to day, and this not for a season only, but unceasingly.

Much more here.

-- Stu

by sdf on 01/11/2006 05:22:26 PM EST

When a religion is good, I conceive it will support itself; and when it does not support itself, and God does not take care to support it so that its professors are obliged to call for help of the civil power, 'tis a sign, I apprehend, of its being a bad one.
- Benjamin Franklin, in a letter to Richard Price. October 9, 1790.

Franklin would be pilloried by the likes of O'Reilly and threatened with assassination by the likes of Pat Robertson today. Yet he is expressing what a majority of our founding fathers thought on the subject. Who is wiser? The likes of our Founding Fathers or the likes of Bush, O'Reilly and Robertson?

Read the Progressive Democrat

by mole333 on 01/11/2006 07:28:06 PM EST

We all know the answer to that one.

And it's impressive how blind the radicals are to this fact: Religion in Government inevitably leads to Government in Religion. Are they ready for that. We've already had a Catholic president. And a Jewish president is a possibility in the not too distant future.

Will these same people be so supportive of a theocracy at that point?

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 01/11/2006 08:51:26 PM EST

[ Parent ]
Aneen:  (which means hello)

Considering that many are now trying to see what domination is, you will see how the old term, "Manifest Destiny", comes into play here.

To the victors goes the spoils.  I think not.  Many of the original people of this country are still standing strong and are not being beat by the red states or the red people.

There has to be an understanding of what is occurring here.  

Yes, fascism is alive and well, however, for many of us we will endure and live and continue to stand up to this false premise of "Gods right", as is interpretated by some.

As humand beings, there must be freedom, and that is what we all seek

Not any form of domination.  To this point we all stand united.

'Nuff said

Maquah

by maquah01 on 01/11/2006 10:18:59 PM EST

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