New York Times columnist Ross Douthat tackles the topic of religious liberty with his most recent column, “Defining Religious Liberty Down.” In it, Douthat highlights the public nature of the Bill of Rights’ guarantee of 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.
Many would say that the religious liberty squabbles of today–the HHS mandate debate and last week’s Chick-fil-A fracas, for example–reflect a contemporary confusion about what is actually protected by the Bill of Rights’ “free exercise of religion.” Instead, Douthat posits that the conflict is a result of a present tension between religious values and the modern idea of freedom. This, Douthat argues, is really at the heart of the religious liberty debate.
The question is not whether “the free exercise of religion” allows the government to mandate contraception purchase or regulate businesses according to their values. The question is whether certain religious beliefs of today run so contradictory to the public zeitgeist that, like 15th century Aztec sacrifice rituals, they violate the common good and cannot merit public protection. Those who answer the latter question with a “yes” should quit the emaciated definitions of religious liberty and move on with the debate:
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.