THE WAY I SEE IT
by Don Polson Red
Bluff Daily News 12/31/2013
Who triumphs in courts, culture, graveyards?
The address on “Religion and Public Life in America”
by R. R. Reno, editor, First Things, delivered at Hillsdale College last
February, deserved more attention than I could devote last week. Overall, his
observations and arguments paint a troubling scenario for the defense of
religious liberty, when juxtaposed with the determination and sweep of
anti-Christian agendas and attacks. When religious liberties vanish, no one has
liberty or rights.
“Recent court cases and controversies suggest trends
unfriendly to religion in public life.” Few will likely recall the 2012 Supreme
Court case involving Hosanna-Tabor Evangelical Lutheran Church and School in
Redford, Michigan. The case title included “v. Equal Employment Opportunity
Commission” because the EEOC took the side of a wrongful termination lawsuit
filed by a dismissed teacher for supposed disability discrimination. The school
said it could fire an employee under a legal doctrine, “the ministerial
exception,” which allows a church wide latitude to choose its religious
leaders.
“[While legal arguments are complex and
multi-layered], in this case the Obama administration’s lawyers made a
shockingly blunt argument: Their brief claimed that there should be no
ministerial exception. The Supreme Court rejected this argument in a unanimous
9-0 vote.” In the minds of the hard left Obama lawyers, the unique prerogatives
associated with religious groups to choose their own leaders are of little
merit when the state’s agencies see any form of (in their view) discrimination.
While church employment, leadership and staffing decisions might not conform to
every conceivable application of fairness, the state must keep its hands off
the religious according to first amendment protections: “Congress shall make no
law … prohibiting the free exercise (of religion).” This is especially
concerning “when we remember that the Left is currently pushing to add gay
marriage to the list of civil rights.”
“Concerns about the autonomy of religious institutions
are also at work in the Obama administration’s tussle with the Catholic Church
and her religious allies over the mandate to provide free contraceptives,
sterilization and abortion-inducing drugs.” I’ve mentioned this previously but
what’s crucial to understand is that the Obamacare law, as written, allowed for
no religious exceptions. This prompted widespread public outcry, to which
Obama’s people then allowed that only churches have that right to “opt out of
the morally controversial coverage.” To religious colleges and charities, an
“accommodation” was offered.
To churches and their allies, the act of the
all-powerful state pronouncing or granting a narrow accommodation, is an act of
“accommodating” the supreme authority of the state. “When various states such
as Illinois passed laws allowing gay adoptions, they did not ‘accommodate’
Catholic charities, but instead demanded compliance …” and the Church simply
shut down adoption agencies. I imagine atheists, cheering on the state’s
authority in this issue, will eventually find that same state authority to be
despotic when it forces conscience-violating compliance from them in other ways
(Mandatory gun ownership? Mandatory military service?).
Cardinal Dolan of New York explained that (in Mr.
Reno’s words) “for-profit companies are not religious in the way that Notre
Dame University is religious. Nonetheless, the religious beliefs of those who
own and run businesses in America should be accorded some protection. This idea
the Obama administration flatly rejects. By their progressive way of thinking,
economic life should be under the full and unlimited control of the federal
government.” Read that again … and be very afraid.
Another way that religious liberty is undermined is in
the legal doctrine that “political theorists like John Rawls have argued that
our laws must be based on so-called public reason, which is in fact an
ambiguous, ill-defined concept that gives privileged status to liberalism.”
This hyper-rationalism has reared its head, perhaps most prominently, in the
judicial activism of liberal judges from California to New Mexico to Utah, who
simply reject any arguments on their face, that contend traditional,
opposite-sex marriages are harmed by legal acceptance and approval of same-sex
marriages. Hence, they reject the voters’ choices because they impute
inherently religious convictions as motivations for voting against gay
marriage—convictions simply dismissed by secular and atheist fanatics.
Reno states the following far better than I could
paraphrase: “In the world envisioned by Obama administration lawyers, churches
will have freedom as ‘houses of worship,’ but unless they accept the secular
consensus, they can’t inspire their adherents to form institutions to educate
and serve society in accordance with the principles of their faith. [‘Public
reason’ allows religious freedom of speech] but when their voices contradict
the secular consensus, they’re not allowed into our legislative chambers or
courtrooms … What we’re seeing today is a secular liberalism that wants to
expand the prohibition of establishment to silence articulate religious voices
and disenfranchise religiously motivated voters, and at the same time to narrow
the scope of free exercise so that the new secular morality can reign over
American society unimpeded.”
Two final quick points: Courts do not exist in a
cultural/political vacuum; Reno notes “the rise of the Nones (who check ‘None’
for religious affiliation)” from 3 percent to over 20 percent. They dominate
elite academic culture, media, and politics; friction with religion ensues.
The long-term prospects for the ideological attackers
of Christianity are not hopeful. Graveyards and cemeteries are full of people,
their antagonisms and efforts to crush religion, which has somehow survived,
even thrived, over millennia.
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