On September 30th, I attended a conference called
“Challenges
to Religious Liberty", hosted by the
New Orleans Baptist Theological Seminary.
The audience of about 100 was polite and receptive while three presenters
discussed what they saw as challenges to religious liberty in psychological
counseling, education, and in the pulpit. Of course, I did not share in the
feelings of warm comfort that the speakers and audience seemed to exchange. The
phrase “fear and loathing” comes closer to capturing my reaction.
Our first speaker was
Mathew Staver, of the
Liberty Counsel
and
Liberty University, and a national figure of the
Christian Right. A few days earlier he had been a speaker at the
Values VoterSummit in D.C., where he shared the dais with such luminaries as Rick Santorum,
Mike Huckabee, Glenn Beck, Sarah Palin, Michel Bachmann, Ted Cruz and Tony
Perkins. Of course, our own
Louisiana
governor Bobby Jindal was there as well.
***
Here in New Orleans,
Staver claimed that threats to the religious liberty of Christian believers are
increasing in frequency and severity. A major example of this, he said, is an
“unprecedented government intrusion into the counseling room.” Specifically, he
decried laws in California and New Jersey that prohibit
counselors from offering “reparative therapy” to homosexuals. He claims such
policies were imposed by “a small group of homosexual activists” who have, by
some unspecified means, held the entire American Psychological and Psychiatric
associations hostage for decades. Other examples include good Christian wedding
cake makers and photographers, who have had to give up their businesses in
order to remain true to their religious principles by refusing to provide their
services at same-sex weddings (apparently it says in Leviticus, “thou shalt not
make unto any homosexual couple a cake”).
He’s also upset that Catholic Charities can no longer perform adoption services
in some states merely because they refuse to place children with same-sex
couples. He was especially concerned about the possibility of a Supreme Court
decision in favor of same-sex marriage, an outcome he described as a
“cataclysmic game-changer.” In his view, the restriction of legal marriage to
opposite-sex couples is part of the “natural order” of things and can’t be
changed. Doing so, he claimed, is nothing less than “an abolition of gender,”
and may even result in churches being forced to perform same-sex weddings, two
assertions designed to send a lightning bolt of fear through his audience.
Dr. Carol Swain, who teaches law and political science at
Vanderbilt University, spent much of her time
talking about her personal life. An African-American woman who grew up in
poverty, she completed five degrees and achieved academic honors, all of which
she credits to divine intervention. She then launched into a harsh critique of
Vanderbilt’s stance against religious freedom. This infringement, as she sees
it, is embodied in a policy requiring that all student groups officially
recognized by the university be fully non-discriminatory. That is, their
membership must be open to all, which implies that such groups cannot require
any statement of faith for membership, nor insist that officers be members of
any particular religion. She has tried and failed to get religious groups on
campus to unify in protest, but hopes - probably unrealistically - that pending
faculty reviews might change the policy. Near the end of her presentation she
made it clear that non-discrimination policies have gone too far, penalizing
the many for the misdeeds of a few. Incomprehensibly, she reduced the issue to
absurdity by claiming that “it’s all about homosexuality,” invoking the
favorite bogeyman of the Religious Right.
Dr. Russell Moore, of the Southern Baptist Convention’s
Commission on Ethics and Religious Liberty, started out seeming to be the most
rational of the three presenters. He acknowledged that Christians who are
strong in their faith are a minority, that religious liberty must apply to
people of other religions, and even to people with no religion. He hoped for
some kind of alliance between disparate groups, including non-believers, in
favor of religious liberty for all. But as he described what he meant by
religious liberty, it became clear that he was no closer to living in the real
world than either of the other speakers. A church, he asserted, “is an embassy
of the
Kingdom of
God,” and “a faith that
can be handed down by a bureaucrat is not a faith at all.” He wants Christians
to stop fearing the phrase “separation of church and state,” and to reclaim it
as their own. Of course, what he means by “separation of church and state” is
far afield from any established jurisprudence. Religious individuals and
institutions, not just churches but also charities and universities and
hospitals with religious affiliations, should be able to exempt themselves from
any government regulation they view as running counter to their beliefs.
Anything less, in
Moore’s
mind, is an infringement upon the First Amendment.
This was so bad it was almost a parody, and at times quite
difficult to take seriously. But it wasn’t a parody, and we need to take it
seriously. This was a sad example of the worst that non-believers have learned
from experience to expect from the more vocal of Christian organizations, a
mélange of slippery slopes, fear-mongering, and obfuscation of facts paraded as
Biblical truth. Worse, it revealed the plainly theocratic intent of many
Christian organizations.
Staver never acknowledged the complete lack of credible
evidence in favor of reparative therapy. Insufficiently studied, there simply
is no evidence that reparative therapy works, is ever necessary, or is ever
even advisable. Yes, government, together with professional organizations, can
and do regulate therapeutic practices and practitioners, in part to assure that
what they dispense actually is therapy, and not any kind of pseudo-scientific
hokum. No, you can’t become a licensed family counselor by studying how to use
crystals to tune a patient’s chakras, nor can you claim that the state should
license you as a therapist when you pray over your patients, read them
scripture, or guide them to “give their life to Jesus.”
Dr. Swain, too, wholly ignored a vast array of inconvenient
and incontrovertible facts. Let’s be clear: no university, public or private,
is required to grant official status to any student group, and certainly not to
student groups with religious affiliations. Vanderbilt is well within its
rights to require that all student groups, in order to have formal
relationships with the university, must be fully open. This has nothing to do
with religion at all, and certainly has nothing to do with religious freedom. If
religious groups with their own membership requirements want to serve university
students without official university approval, they certainly can; they just
have to operate off campus. Yes, Vanderbilt’s policy means that some
religiously affiliated student groups, as well as some groups focusing along
gender, ethnic, or other exclusive criteria, might lose their official status.
So what?
Dr. Moore’s talk should serve as a caution to all
non-believers and to any other kinds of religious minorities: beware of
Christians bearing gifts! This is especially true if the gift is a supposed
alliance in the name of religious liberty. It is incumbent on us to vet such
offers very carefully, to ensure that the believers fully disclose what they’re
really working for, and to pin down exactly what they mean when they say
“religious liberty.” More realistically, we don’t have to do much work along
these lines. It is already quite clear that what Christian believers mean by
“religious liberty” is not rationally supportable.
I favor religious freedom for all. What that means is that I
assert my own right, as well as the rights of others, to believe or disbelieve
as they choose, for whatever reasons or lack of reasons they see fit. If I want
to worship Zeus or Godzilla, or don’t want to worship any deity, that choice is
mine to make. And if I find like-minded others and we want to form a church and
have our holy writ and call one a bishop and one a priest, so be it. And if I
decide to vote for one candidate for public office over another because the
holy book (that I conveniently wrote) says so, that’s my right too, and anybody
else’s, even if it is entirely irrational. But no sane person should allow my
Church of Godzilla the Redeemer to tell the state what to put in the public
school science books, or what kind of psychotherapy should be allowed, or specify
who can adopt a child, or decide who is or is not legally married.
The common theme espoused by the speakers is that religion
trumps any and all state power, regulation, or legal precedent, merely because
religious believers wish it to be so. I should be able to be a therapist if my
religion says I can, and the state should have to accept my religious
definition of therapy without regard to science or evidence, and grant me a
license to practice as I see fit. If a religious group wants to set up a student
organization with membership limited only to persons of a certain denomination,
the university should be forced to permit it, even to officially approve it,
because that’s what the religious groups want. A corporation should not have to
include reproductive healthcare in its insurance coverage if the corporation’s
officers object, even if employees are of different religions. The state should
continue to pay Catholic Charities to provide adoption services, even if the
group flatly refuses to provide that service to some of the citizens who are
legally entitled to it. A pharmacy should have the right to refuse to sell the
morning-after pill, and the state should still be required to grant a license
and call it a pharmacy. None of these are examples of infringement upon
religious liberty, but all of them are real examples of religious individuals
and organizations attempting to overrule legitimate, even compelling, state
interests.
Do these speakers represent all Christians in today’s America?
Clearly they do not. But they do represent a large and increasing group that is
seeking to subordinate the state to outright theocracy, and to destroy the
secularism on which modernity itself is based. This is exactly the provocation
that has goaded many quiet non-believers into becoming atheist activists. I
don’t think any of these believers realize the extent to which they make it
necessary for secular people and the secular state to confront religiosity at
all levels and in all its forms.
~Jim Dugan, NOSHA, Board Vice-President