Religious Freedom: For Me, For Thee, For a Divided America

This essay first appeared in the Irish Rover at the University of Notre Dame, December 1, 2016.

Donald Trump’s victory on November 8th has elicited deeper divisions than perhaps any U.S. election result since 1860, when the Civil War loomed.  Furious demonstrations, calls for violence from both sides, and a surge of assaults on minorities ignited by Trump’s campaign rhetoric make clear that if the Republic is going to function civilly as a democracy for the next four years, Americans who are bitterly divided must find a basis on which to live and deliberate together.  No mere truce will do.  We are divided by principles, so only a principle that we can all endorse can help us contest our positions peacefully.

One principle, kneaded into the American founding, long regarded as part of our collective heritage, yet called into question as of late, can help us a great deal: religious freedom.  Religion is far from the only source of our divisions.  Class, race, and the status of immigrants obviously featured prominently in the election.  Religion, however, persisted as a fault line, much to the surprise of analysts who thought its relevance had faded.  At stake in the election were not only religious concerns but the very freedom of Americans to express and practice their religion.

Both left and right rued compromises of this freedom.  Among the minority groups against whom Trump stoked resentment through his skillful demagoguery, Muslims stood out.  Shunning the United States’ heritage, exemplary among Western countries, of integrating Muslims into our common life as citizens and economic actors, an achievement enabled in no small part by our tradition of religious freedom, Trump promised to bar Muslims from entry into the United States and thus expanded Americans’ legitimate worries about terrorism into a fear of all Muslims.  His proposal was a form of discrimination that violated the spirit, if not the strict letter, of religious freedom and instigated acts that violated religious freedom directly.  An FBI report of mid-November showed that hate crimes in the U.S. have surged as of late and most acutely against Muslims.  Among people who did not vote for Trump – like myself – his incitement of such animus was chief among our objections.

Religion and religious freedom, though, were also on the minds of those – like myself – who did not pull the lever for Clinton.  Trump received a record 81% of white evangelical votes and won 56% – 40% among weekly churchgoers.  In Clinton, these voters perceived a commitment to continue the Obama administration’s aggressive secularism.  This perception offers an explanation for why Clinton lost the commanding lead that she enjoyed among Catholics in summer 2016, only to lose to Trump among Catholics, 52-45%, on Election Day.  In the interim, e-mails hacked from the Democratic campaign revealed cynical and condescending plans to divide and conquer Catholics voters, while Trump wrote a letter to Catholics speaking to their concerns about life and freedom that played well in Pennsylvania, Ohio, and the other Rust Belt states critical to his victory.

At the core of the Obama Administration’s aggressive secularism have been its sharp curtailments of the religious liberty of Americans in the realms of life, marriage, and sexuality.  Through administrative decrees, judicial appointments, and the pedagogical power of the presidential podium, the administration imposed and inculcated restrictions of the sort that Pope Francis has termed “polite persecution,” implying that they are similar in kind, if not in degree, to far more serious persecution.  Motivated by a secular ideology, they involve the imposition of serious material costs on Christian believers on account of their commitment to traditional Christian teachings. The costs have been borne by merchants, universities, schools, hospitals, charities, campus fellowships, students, public officials, employees, and citizens, who have been variously fired, fined, denied accreditation, evicted from campuses, seen their businesses ruined, and otherwise barred from living out their convictions.

While the mandate of the Health and Human Services Department, challenged by the Little Sisters of the Poor in the U.S. Supreme Court, stands as the most famous of these impositions, many others have been applied at other levels of government and by a wide range of institutions.  Combined, the restrictions amount to the largest curtailment of religious freedom in the history of the Republic, a judgment derived from factoring together the number of these restrictions, their frequency, the number of people to whom they apply, and the scope of affairs that they restrict, including norms of marriage and sexuality held by every society, every religion, until 11:59 pm on the clock of history.

Americans who disregard the religious freedom of other Americans, or of citizens of other countries, are afflicted with amnesia.  They have forgotten that religious freedom is in the First Amendment to our Constitution, and in our heritage.  Religious freedom has enabled religious people who were persecuted elsewhere to find not only refuge but also equality of citizenship in the United States: Mennonites, Amish, Mormons, Muslims, Methodists, Catholics, Seventh Day Adventists, Jehovah’s Witnesses.  In other times and places, too, the principle of religious freedom has been instrumental in ending strife and establishing peace among people divided by religious convictions.  The Emperor Constantine, influenced by the great Christian philosopher, Lactantius, declared religious freedom in the Roman Empire just following the colossal Diocletian Persecution.  Theologians and philosophers in Europe and colonial America in the 17th and 18th centuries articulated religious freedom as a principle by which Catholics and various and fractious Protestants could live together in peace.

A principle that establishes peace among people who differ over what they believe to be most important is one that Americans would do well not to forget at this moment.  Citizens wanting to make America great again should remember that welcoming religious (and other) minorities is what made America great in the first place.  Citizens wanting to advance new norms of marriage and sexuality should affirm that those who believe traditional norms to be the contours of God’s love must not be fired or fined for conducting their lives accordingly.  If religious freedom is for anyone, it must be for everyone.

Hope for a Catholic Political Party: Never Bleaker, Never Brighter

I’ve long yearned for a Catholic political party.  It would be one that passes the test that Hubert Humphrey once posed for a moral nation, namely that it stands for people “in the dawn, in the twilight, and in the shadows of life.”  It would be the Democratic Party of the New Deal, the early labor movement, and the civil rights movement but without the lifestyle libertarianism.  It would be the Republican Party that was founded in the struggle against slavery, protects the unborn, and upholds marriage, but not the one that cheers the death penalty and hardens its heart towards the immigrant.  It would resurrect the pro-life Democrats and the legacy of the late Pennsylvania Governor Bob Casey.  It would be pro-life, pro-family, pro-environment, pro-immigrant, pro-religious freedom, pro-human rights, anti-death penalty, humane and law-abiding in its foreign policy, and against the radical division of classes that is now besetting America.  Such a party, I believe, would attract wide support among African-Americans, Latinos, Catholics, many evangelicals, and a wide swath of middle class Americans.

This election season, my hopes for such a party have never been bleaker and never been brighter.  Bleaker, because we’ve never had two candidates further from this position.  I will vote for neither.  I don’t decide this lightly because I think that one should strive to vote for one of the viable candidates if one’s conscience at all allows it.  Mine does not.

I follow the U.S. Catholic Bishops in the teaching that voting is not simply a matter of weighing up alternative futures in utilitarian fashion but also a matter of what kinds of policies one intentionally supports.  One cannot support policies that are intrinsically wrong or support candidates because they stand for these policies – that is, policies that are wrong whatever the circumstances or outcomes.  Both candidates support such wrongs beyond the threshold where I can consciously vote for one of them.  Others will place the threshold differently and we can disagree charitably.  But here is why I think both candidates are beyond it.

Secretary Clinton supports continuing and even expanding laws that have sanctioned the snuffing out of over 60 million unborn persons; perpetuating and expanding laws that deny the reality of something so fundamental as marriage and sexual natures; and likely the further restriction of religious freedom on behalf of laws that promote these causes.  She will bring a far steadier hand to executive leadership than Trump and more humane policies towards immigrants.  But her problems are deal-breakers.

Trump’s problems are well known and hardly worth repeating but are, briefly: support for torture; support for killing civilians in the war on terror; cavorting with racist allies; abusing women in word and deed; mocking the mentally handicapped; showing reckless disdain for the rule of law; and dismissing entire classes of human beings like Muslims and immigrants.

Both take me beyond the point where I can say, Which candidate is the better future?, and to the point where I must ask, Can I be complicit?

In Christian history, crisis and darkness form opportunities hope and renewal, and so I was delighted when, for the first time in my life, a real Catholic party appeared on the scene, the American Solidarity Party.  Built explicitly on Catholic social teachings – the wisdom of the encyclicals – the party adopts a wide ranging platform that channels these teachings into American politics.

It is inspired by Christian Democratic parties in Europe and Latin America, which – admittedly yesterday more than today – are also rooted in Catholic teachings.  Like Christian Democratic parties, the ASP is not exclusively Catholic and can appeal, I believe, to a wide range of constituencies, religious and otherwise.  The word Solidarity evokes the Polish Solidarity movement, which connected Catholic moral roots with political action and shook the world in the 1980s.

Third parties are difficult to sustain in the United States, though if there takes place such a shock to the system that one or both of the existing parties break apart – not entirely out of the question after November 8th – such a party might seize upon the opportunity to form a new electoral coalition.

To succeed and not end up a flash in the pan, I believe that ASP should form itself as a movement with deep intellectual and spiritual roots, one that reflectively connects religious and deep moral teachings to political positions – again, Christian Democratic Parties of yesteryear and Solidarity are examples.

It would also be nice were the ASP on the ballot in Indiana, which it unfortunately is not, even as an eligible write-in possibility.  After the election, though, there will be much work to do.

Added November 5, 2016: See also this excellent piece on ASP by my friend Malloy Owen.

New Documentary Film on How Christians Respond to Persecution

A new documentary film has emerged from the project, Under Caesar’s Sword: Christians in Response to Persecution.   It looks at how Christians around the world respond to violence and persecution and features first hand interviews and footage.  It is produced by Jason Cohen Productions.  I am pleased to announce it and invite all to view it.
Here is the web page for the film​​​, from which you can view the 26 minute film, a teaser, and a seven minute version.​
Also here is a press release for the film.

A Liberalism Safe for Catholicism? A New Book

A new book edited by Ryan Anderson and myself is now available.  It’s A Liberalism Safe for Catholicism? and is a collection of essays from the journal, The Review of Politics, founded here at Notre Dame in 1939.   Together, the articles tell the story of the conversation between liberalism and Catholicism — sometimes one of rapprochement, sometimes one of tension — in 20th and 21st century America. In the journal’s early years, it featured articles by European emigrés like Jacques Maritain, who admired the American experiment in liberal democracy and sought to ground a defense of it in Catholic principles.  Do not miss the 1950 piece by Heinrich Rommen, which is one of the strongest Catholic defenses of religious liberty prior to the Church’s declaration, Dignitatis Humanae, in 1965.  Later essays in the 1990s and 2000s by David Schindler, Michael Baxter, and William Cavanaugh raise skeptical arguments against American liberalism.

The volume features an essay by philosopher John Finnis that Anderson and I commissioned for this occasion in which Finnis responds to Ernest Fortin’s 1982 critique of Finnis’ 1980 classic, Natural Law and Natural Rights.

Anderson and I have an introductory essay that explores the conversation between Catholicism and American liberalism through the pieces.

These are only a few samples from this new collection.

Here is the book description from University of Notre Dame Press:

This volume is the third in the “Perspectives from The Review of Politics” series, following The Crisis of Modern Times, edited by A. James McAdams (2007), and War, Peace, and International Political Realism, edited by Keir Lieber (2009). In A Liberalism Safe for Catholicism?, editors Daniel Philpott and Ryan Anderson c1hronicle the relationship between the Catholic Church and American liberalism as told through twenty-seven essays selected from the history of the Review of Politics, dating back to the journal’s founding in 1939. The primary subject addressed in these essays is the development of a Catholic political liberalism in response to the democratic environment of nineteenth- and twentieth-century America. Works by Jacques Maritain, Heinrich Rommen, and Yves R. Simon forge the case for the compatibility of Catholicism and American liberal institutions, including the civic right of religious freedom. The conversation continues through recent decades, when a number of Catholic philosophers called into question the partnership between Christianity and American liberalism and were debated by others who rejoined with a strenuous defense of the partnership. The book also covers a wide range of other topics, including democracy, free market economics, the common good, human rights, international politics, and the thought of John Henry Newman, John Courtney Murray, and Alasdair MacIntyre, as well as some of the most prominent Catholic thinkers of the last century, among them John Finnis, Michael Novak, and William T. Cavanaugh. This book will be of special interest to students and scholars of political science, journalists and policymakers, church leaders, and everyday Catholics trying to make sense of Christianity in modern society.

“The pages of the Review of Politics since its founding in 1939 can be read as a chronicle of this partnership between the Catholic Church and liberal institutions—its development, its heyday, its encounter of travails, its ongoing virtues, and its persistent flaws. Indeed, the partnership has been fraught with controversy over its true extent, its robustness, and its desirability.” — from the introduction, A Liberalism Safe for Catholicism?

 

 

Meeting With Trump and Clinton on Religious Freedom

I am happy to have signed on to a statement on religious freedom (mostly in the global sense) that was presented yesterday in person to the Trump and Clinton campaigns.  Here is the press release, in which is embedded the group’s recommendations.  One of its implications is that religious freedom is something that everyone, religious or not, can get behind.

Contra Modern Wisdom, Christianity Incubated Freedom

A reigning view in modern liberal philosophy — and Western elite culture at large — is that the rise of freedom in the modern world required the decline of Christianity, or at least its marginalization from public life.  John Rawls and Mark Lilla make the argument and laud this marginalization; philosophers like Pierre Manent make the argument and lament it.

A new pair of volumes from Cambridge University Press assembles a host of blue-chip scholars to argue that the thesis is wrong.  (I am the author of one of the chapters but it is not I but the likes of Robert Wilken, John Rist, and Remi Brague who are the blue-chippers.) Historically, and around the world today, Christianity has been an incubator and driver of freedom.  Not always, of course: Christianity has inflicted its share of unfreedom.  But if the collective claim of the volume is right, then many of our present free institutions have Christianity to thank for their origins. And in authoritarian settings around the world, Christians are fighting for freedom.

An excellent entree to these works is this review by Samuel Gregg.  To see the volumes, go to Christianity and Freedom: Historical Perspectives.

 

 

 

Where Religion is Trusted for Politics

Recently, Elizabeth Sperber, a political scientist starting her career at the University of Denver and a talented scholar of religion and politics, along with her colleague Matt Herman, published a piece on the Washington Post‘s “Monkey Cage” on the fraught elections taking place in Zambia and the challenge of finding impartial observers.  The country turned to . . . its Christian churches.  It’s a fascinating case where religion is making a positive difference in politics.  Still, unresolved questions remain concerning the fairness of the elections.

The Mission of Mother Theresa

My dear friend Becky Samuel Shah reflects on the mission of Mother Theresa, in which material and spiritual needs were inseparable.  Christianity Today features it on its homepage today.  Shah considers Mother Theresa, who is set to be canonized by the Catholic Church this coming Sunday, September 4, 2016, in light of Shah’s own research on the essential role of spiritual resources for escaping poverty.  Here is a passage:

On the surface, it might seem that Mother Teresa was solely preoccupied with the physical and material needs of the marginalized. She spent most of her life caring for the sick, feeding the hungry, and rescuing the homeless. Yet even as she set up institutions to resolve world hunger, she talked of people’s hunger for God and their inalienable value as creatures made in his image. Material needs, she insisted, can be easily satisfied, but caring for a person’s spiritual needs is more important. In fact, she regarded it as her primary calling.

Inspired by Mother Teresa’s example, I have worked in India for the last 10 years with Dalits, also known as “outcasts” or “untouchables.” As I’ve studied and served among them, I’ve come to realize the simple truth of her vision. The poor on the streets of “Kolkata” and places all over the world are deprived of basic human necessities like food, clothing, housing, and healthcare. (Most standard poverty measures assess wellbeing solely in terms of “neutral” social indicators, like calorific intake or years of schooling, and many development practitioners and scholars assume these are the only real aspects of poverty.) However, as Mother Teresa understood, poverty is not always reducible to material factors, and it often involves deprivation of dignity and self-worth.

 

 

 

Should Just War Be Abolished?

Last April, a conference took place in Rome, sponsored by Pax Christi, that called the Catholic Church to replace its traditional just war theory with a peace doctrine.  We covered it earlier in ArcU.  My colleague at Notre Dame and ArcU contributor, Gerard F. Powers, was interviewed on the conference by Our Sunday Visitor. Read here his case that the Church should not abolish the just war theory but rather ought to develop the “just peace,” or “peacebuilding” doctrine latent in its social teaching.

Then, Eli S. McCarthy of Georgetown University responds to Powers on behalf of the Rome conference, which he attended, calling for a more radical revision of the Church’s teaching in the direction of non-violence.  See here.

 

 

Religious Freedom, An American Export

It was a pleasure to review Anna Su’s book on religious freedom in American foreign policy, Exporting Freedom: Religious Liberty and American Power, for The Immanent Frame.  Su adopts a middle ground in recent debates.

The United States is unique among nations in claiming a heritage of religious freedom and a mission to spread it overseas.  This is difficult to dispute.  What has become hotly disputed is how this is to be regarded.

An “orthodox” view holds that the United States has played a special role—a providential part, as some would have it—in carrying a universal message of religious freedom to the world.  First, American colonies were havens for religious refugees; then the American founding was a milestone for constitutional norms of religious freedom; then, over the subsequent two centuries, the United States became a haven for religious people unwelcome elsewhere: Baptists, Mormons, Mennonites, Muslims, Amish, Catholics, Seventh-Day Adventists, Jews, Jehovah’s Witnesses, and others.

So convinced Americans have been of their ingenious experiment in religious liberty that they have sought to spread it overseas.  As Anna Su tells the story in her new book, Exporting Freedom: Religious Liberty and American Power, the U.S. extended religious freedom through its colonial occupation of the Philippines in the early twentieth century; its advocacy of the League of Nations after World War I; its efforts to shape international norms in the United Nations system and the Universal Declaration of Human Rights in the aftermath of the Second World War; its occupation of Japan after the same war; its formulation of a human rights policy in the 1970s; its International Religious Freedom Act (IRFA), passed by the U.S. Congress in 1998; and its occupation of Iraq after its war there in 2003.  In the orthodox view, all of these episodes were a straightforward promotion of American principles.

In recent years, this view has come to be challenged by a “revisionist” view held by scholars who, as Su puts it, “have begun to question the right’s claim to timelessness, universality and neutrality” (for my own review of this school, see here).  Led by political scientist Elizabeth Shakman Hurd, anthropologist Saba Mahmood, and legal scholar Peter Danchin, this school of critics holds that religious freedom and the view of religion on which it is based is not universal but rather particular to the West and its history of Reformation and Enlightenment.  Following the late French philosopher, Michel Foucault, they portray the United States’ promotion of these principles as little more than a neo-imperialist “project” that manifests American power.  Proponents of this view make up the lion’s share of statements in aforum hosted here at The Immanent Frame.

One can imagine a middle ground that eludes both the orthodox view’s idealism and the revisionist view’s reduction of religious freedom to power.  Call it “power plus purpose.”  In this view, the United States promotes religious freedom through its “preponderance of power,” to borrow the title of a prominent work in U.S. diplomatic history, and promotes religious freedom selectively according to the contours of this power, but does not promote religious freedom simply as a tool of its power.  It is broadly in this middle zone that Su’s “complementary . . . new vantage point” is located.

The book’s greatest value, though, in my view, is its tracing of the cause of religious freedom through the history of American foreign policy.  Recommended!