Defining Religious Liberty Down

Ross_DouthatRoss DouthatThe words “freedom of belief” do not appear in the First Amendment. Nor do the words “freedom of worship.” Instead, the Bill of Rights guarantees Americans something that its authors called “the free exercise” of religion.

It’s a significant choice of words, because it suggests a recognition that religious faith cannot be reduced to a purely private or individual affair. Most religious communities conceive of themselves as peoples or families, and the requirements of most faiths extend well beyond attendance at a sabbath service — encompassing charity and activism, education and missionary efforts, and other “exercises” that any guarantee of religious freedom must protect.

I cannot improve upon the way the first lady of the United States explained this issue, speaking recently to a conference of the African Methodist Episcopal Church. “Our faith journey isn’t just about showing up on Sunday,” Michelle Obama said. “It’s about what we do Monday through Saturday as well ... Jesus didn’t limit his ministry to the four walls of the church. He was out there fighting injustice and speaking truth to power every single day.”

But Mrs. Obama’s words notwithstanding, there seems to be a great deal of confusion about this point in the Western leadership class today.

You can see this confusion at work in the Obama White House’s own Department of Health and Human Services, which created a religious exemption to its mandate requiring employers to pay for contraception, sterilization and the days-after pill that covers only churches, and treats religious hospitals, schools and charities as purely secular operations. The defenders of the H.H.S. mandate note that it protects freedom of worship, which indeed it does. But a genuine free exercise of religion, not so much.

A similar spirit was at work across the Atlantic last month, when a judge in Cologne, Germany, banned circumcision as a violation of a newborn’s human rights. Here again, defenders of the decision insisted that it didn’t trample on any Jew’s or Muslim’s freedom of belief. But of course to be an adult Jew in good standing, as The Washington Post’s Charles Lane pointed out, one must circumcise one’s son at 8 days old. So while the ruling would not technically outlaw Jewish theology or Jewish worship, it would effectively outlaw Judaism itself.

Now we have the great Chick-fil-A imbroglio, in which mayors and an alderman in several American cities threatened to prevent the delicious chicken chain from opening new outlets because its Christian president told an interviewer that he supports “the biblical definition of the family unit.” Their conceit seemed to be that the religious liberties afforded to congregations (no official, to my knowledge, has threatened to close down any Chicago churches) do not extend to religious businessmen. Or alternatively, it was that while a businessman may have the right to his private beliefs, the local zoning committee has veto power over how those beliefs are exercised and expressed.

I have described all these incidents as resulting from confusion about what freedom of religion actually entails. But of course every freedom has its limits. We do not allow people to exercise beliefs that require, say, forced marriage or honor killing. You can believe in the gods of 15th-century Mesoamerica, but neither Chicago values nor American ones permit the use of Aztec sacrificial altars on the South Side.

To the extent that the H.H.S. mandate, the Cologne ruling and the Chick-fil-A controversy reflect a common logic rather than a shared confusion, then, it’s a logic that regards Western monotheism’s ideas about human sexuality — all that chastity, monogamy, male-female business — as similarly incompatible with basic modern freedoms.

Like a belief that the gods want human sacrifice, these ideas are permissible if held in private. But they cannot be exercised in ways that might deny, say, employer-provided sterilizations to people who really don’t want kids. Nor can they be exercised to deny one’s offspring the kind of sexual gratification that anti-circumcision advocates claim the procedure makes impossible. They certainly cannot be exercised in ways that might make anyone uncomfortable with his or her own sexual choices or identity.

It may seem strange that anyone could look around the pornography-saturated, fertility-challenged, family-breakdown-plagued West and see a society menaced by a repressive puritanism. But it’s clear that this perspective is widely and sincerely held.

It would be refreshing, though, if it were expressed honestly, without the “of course we respect religious freedom” facade.

If you want to fine Catholic hospitals for following Catholic teaching, or prevent Jewish parents from circumcising their sons, or ban Chick-fil-A in Boston, then don’t tell religious people that you respect our freedoms. Say what you really think: that the exercise of our religion threatens all that’s good and decent, and that you’re going to use the levers of power to bend us to your will.

There, didn’t that feel better? Now we can get on with the fight.

Read more at: http://www.nytimes.com/2012/07/29/opinion/sunday/douthat-defining-religious-liberty-down.html

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