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Religious Freedom, the Religious Right, and the Supreme Court
By Frederick ClarksonWed Jan 11, 2006 at 03:45:58 PM EST
topic: Reconstruction & Dominion section:Attack On Judiciary printable version print this story
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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 human tendency that conflicts with the trend towards enforced 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.

[Crossposted at Political Cortex]




Display:
to sort out the matters that are important from those that are unimportant.

One area of importance that I think that has not been adequately addressed over the years is that the defense of our rights as citizens requires sorting out the bogus notions of Christian nationalism, and the undergirding legal and historical arguments, and being able to refute them. This is something that cannot be adequately addressed by advocacy organizations alone, as good as they may be.

There are many people who are persuadable on the basis of these things. If that were not the case, the Christian nationalist movement would not have been invented in the first place. They are fighting a rear guard action against history; against court precedents; and against historic ideas of the meaning of religious freedom.  That they have advanced as far as they have, is in part because they have been met with relatively little resistance.


by Frederick Clarkson on Wed Jan 11, 2006 at 04:15:03 PM EST

to sort out between and among those in the Christian Right whom we percieve to be genuine in thier beliefs and those who appear to use religion to cynically grab and hold power? If it is possible, is it at all useful to do so? I am thinking that there are plenty of people who are devout in thier beliefs, but who have fallen prey to the propaganda of Faux News and other dubious outlets, who given truly fair and balanced information regarding the importance of religious freedom would perhaps be a little less supportive of some of the more abusive and theocratic people and organizations.

by bybelknap on Thu Jan 12, 2006 at 09:20:52 AM EST
[ Parent ]
that's one of the reasons this site exists in the first place. Just as the religious right is far from monolithic, those who are influence by it, on public policy matters and in electoral decisions are even more more diverse, as even the most casual look at polling data and sociological surveys of religious groupings will show.

It's because all of this is so, that we are seeking to use fair and accurate terms at Talk to Action, and to not lump everyone with whom we disagree together. Even social/political movements of some considerable cohesion, also need to be understood as coalitions. All coalitions have parts that are stronger and weaker in their adherence; and all coalitions are necessarily temporary.  

The religious right coalition is not nearly as uniform, unified, and cohesive as it is made out to be by far too many.  

You ask whether it would be useful to speak to people and persuade them to change their mind about some things. I guess to me the answer is obvious. But let me lay out a few assumptions.

I assume that yes, many people aligned with are reachable and persuadeable on many levels.

I assume that this is a worthwhile effort, even when it does not succeed, in so far as mutual understanding and debate is necessary to the survival of constitutional democracy.

I assume that it is possible that such efforts can succeed sufficiently to affect public policy and electoral outcomes.

This particular essay was about religious freedom and equality. I think it is one of the issues that fundamentally divides us in the nation, but it could unify us far more than it has. That is why respect for religious difference is so important. It is why, as I have written here recently, the use of sneering, and often inaccurate terms to talk about people with whom we may disagree on matters of religiously informed politics is a barrier not only to our own thinking, but to our ability to ever communicate with and persuade the persuadable.

by Frederick Clarkson on Thu Jan 12, 2006 at 12:42:52 PM EST
[ Parent ]

regarding many of the issues being discussed here. My primary motivation initially was in regards to educational issues of "intelligent design" versus Darwinian Evolution. I am trying to learn ways to prevent my local school board from ever becoming a tool of the religious right.



I understand that the religious right is not homogenous, that the various factions have thier most favored issues - The Discovery Institute and Answers in Genesis want to inject religion into the science class. Focus on the Family is Anti-abortion and Anti-gay/lesbian, some are gung-ho for having the 10 commandments everywhere and it seems that all the various groups want to get prayer back into schools. I have been devouring the diaries here since day one trying to get a handle on it all. It seems so overwhelming to keep track of the various groups, and how to intelligently counter them.



I have a difficult time expressing my concern in agreeable ways, given my view that so many of the ideas of the far right are so completely wrong and dangerous to our freedom. I have a difficult time being agreeable when the mouthpieces of the right spew vitriol, distortions and lies - liberals are painted as satanists, traitors, evil oppressors of innocent Christians . I have a difficult time being agreeable when people on the religious right insist on incorrect notions - America was founded as a "Christian Nation" There isn't any "separation of church and state" (the words are not there specifically, I know, but the lack of religious tests for public office and the establishment clause make it pretty clear to those who can see) in the constitution - and disseminate this wrong information far and wide to an audience willing to believe it.



So, I am working on my tone, my knowledge base and my arguments so that I can be a positive influence. I want to be able to discriminate between and among the various factions so that I am better able to do my little bit in my little corner of the world, and perhaps move on to a broader scale if I can learn enough and get good at it. I guess I just have to get over the inflammatory garbage that comes from some of the proponents on the other side, and focus on the task at hand.


by bybelknap on Thu Jan 12, 2006 at 03:17:52 PM EST
[ Parent ]




I hate to be negative, but history does not always advance in a straight upward incline.

Historical advances can track like a roller coaster.

It looks like we have reached a peak and are rolling into a steep decline in regard to maintaining a separation between church and state.  

We may be laying the groundwork for another ascent, but it may be decades before anyone sees this coaster turn upward again.

by Mainstream Baptist on Wed Jan 11, 2006 at 05:17:06 PM EST

that church and state separation may be in for a period of decline. But I think here you are saying history when you mean politics.

I am not persuaded that the advances of the religious right in its various components are inevitable, unstoppable or irreverisible. If I did, I would never have launched this site, and I would be spending a lot more time at the beach.

by Frederick Clarkson on Wed Jan 11, 2006 at 05:32:24 PM EST
[ Parent ]

Held by American liberals which need to be refuted, for example :

The idea of "The Pendulum", or the notion the the truth will always prevail....

PR has advanced far in advance of human awareness of the field. This allows the financially well endowed to impress their opinions ( which can be quite poorly informed ) on millions, and that doesn't even take into account positive feedback - such that dubious opinions become background cultural notions from which more extreme positions are launched.

by Bruce Wilson on Wed Jan 11, 2006 at 11:23:38 PM EST
[ Parent ]

Fred and Bruce,

You are right to emphasize the spiritual dimension of history.

There are times when politics leaves me depressed.

by Mainstream Baptist on Thu Jan 12, 2006 at 08:12:35 AM EST
[ Parent ]

In the spiritual beliefs of the many constituencies whose interests are threatened by the Christian right supremacist movement. One major challenge for this site lies, I think, in rousing those sleeping constituencies and guiding them towards productive action.

Currently, these groups are balkanized and cannot exert power together in a politically meaningful fashion.

Human social intelligence is certainly instinctual, yes, but it is also learned - and I suspect that one specialized aspect of human intelligence, political intelligence, has become woefully underdeveloped on the American left and, indeed, throughout a broad spectrum of the American electorate whose political disengagement has made the rise of the Christian right theocratic movement possible.

Fortunately, humans can - at whatever stage of life - always learn new lessons and ways of thinking.

by Bruce Wilson on Thu Jan 12, 2006 at 09:09:41 AM EST
[ Parent ]





But there are other forces at work in the equation, and hope can be a power unto itself.

by Bruce Wilson on Wed Jan 11, 2006 at 11:28:13 PM EST
[ Parent ]


Left Behind: Eternal Forces: Installments of Jonathan Hutson's Talk To Action expose series on the "Left Behind: Eternal Forces" video game have been viewed by up to 1/2 million people. See our site section featuring Over 35 original articles covering the controversial "Left Behind: Eternal Forces" video game that has provoked a boycott by a coalition of religious groups and a letter writing campaign urging Walmart to stop selling the game. Media inquiries click here
(image: detail from Francoise Dubois' rendition of the Bartholomew's Day Massacre reveals the actual nature of religious warfare)

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