A Brutal Christianity: We'll See More Cruel Laws like Indiana's Until the Christian Right Is Defeated
Religious believers have won a cascading array of rights, privileges and exemptions from laws and duties.
April 2, 2015
Indiana’s Religious Freedom Restoration Act is so obviously structured to enable discrimination against LGBTQ people that
quotes from the
Onion and the governor’s office are almost indistinguishable.
Much has been made of the fact that Indiana’s law
pushes beyond the bounds set
by the federal law of the same name. It explicitly grants religious
personhood to for-profit businesses. It also expands religious immunity
to disputes between private individuals. The combination should make it
difficult for those who are harmed by discrimination or other
“religiously motivated” behavior to obtain redress in civil court.
But
while Indiana’s law pushes farther than earlier statutes, Christian
conservatives had good reason to think they could get away with it,
namely the fact that religious “
conscience creep” has been trending ever since the Supreme Court passed a federal Religious Freedom Restoration Act in 1993.
Not Just About Bigotry and Homophobia
In
recent years, religious believers have sought and largely won a
cascading array of rights, privileges and exemptions from laws and
duties that otherwise apply to all Americans.
- The right to discriminate in public accommodations and hiring practices.
- The right to interfere with a religious outsider’s family formation, sexual intimacy, and childbearing decisions.
- The right to interfere in a religious outsider’s dying process.
- The right to exemption from humane animal slaughter regulations.
- The right to use public funds and other assets to propagate the values and priorities of the religion.
- The right to freeload on shared infrastructure without contributing to it.
- The right to refuse medical care to women and children.
- The right to engage in religiously motivated child abuse (psychological abuse, physical abuse, neglect or medical neglect) with impunity.
- The right to exemption from labor practice standards.
When Religion Teaches Bigotry
Liberal
people of faith who don’t share the dominionist goals or moral
priorities of fundamentalists often are appalled by these objectives and
many insist that laws like the one recently passed in Indiana aren’t
about religious freedom but rather bigotry itself, or misogyny, or some
other morally tainted and self-serving mindset. They are both right and
wrong.
Yes, these laws do condone bigotry, and misogyny, and other ugly prejudices. But the
photo of
those present at the signing of Indiana’s bill—its major proponents—is
telling. It mixes white male politicians in suits with a proud array of
Catholic nuns in habits, monks in cassocks and an orthodox Jew in a top
hat.
Like many of those advocating segregation during the Civil Rights Movement, the advocates of this bill are genuinely motivated by devout religious beliefs.
Bible Texts Bind Believers to Harmful Priorities
In
an ideal world, civil laws that seek to promote the general welfare and
religious codes might be aligned, and even in our imperfect world
religion often promotes generosity, kindness, service, and
conscience-driven behavior. But the world’s major religions all have
ancient roots, and
thanks to
the rise of literacy during the Iron Age, they all have sacred texts
that anchor believers to an Iron Age set of social scripts and moral
priorities including some truly
horrific ideas.
The Christian Bible endorses
slavery, racism, tribal warfare,
torture, the concept of
women and children as chattel, and the death penalty for over 30 offenses. (
You likely qualify.) It offers an
exclusive alternative
to eternal damnation, driving believers to seek converts when and where
they can. It teaches that infidels have no moral core and advocates
separation from religious outsiders. It elevates sexual purity to the
level of moral purity. It makes a virtue out of certitude. Small wonder,
then, that sincere believers seeking to do the will of God sometimes
end up seeking the right to do harm.
Per SCOTUS, Sincere Belief Needn’t be Mainstream or Factual
Modernist
Christians may claim that biblical literalism is a flawed form of
faith. But in the absence of some external standard, fundamentalists
have as much right as anyone to claim that theirs are religious values,
and the Supreme Court has said as much.
In
the Hobby Lobby case, the Catholic majority ruled that “sincerely held”
belief was sufficient to merit protection under the umbrella of
religious freedom, even if the sincerely held belief in question was
factually inaccurate and
not mainstream or required by the person’s sect. Religious belief, in
other words, is whatever the believer says it is, and until we repair
the gaping crack in our secular democracy, it confers a powerful set of
privileges, which means that the limits of credible belief are bound to
be tested.
Almost universally, the
religious freedom claims pursued in the U.S. over the last two decades
seek the freedom to do harm, most often the freedom to harm queers,
women, children or religious outsiders or our secular government
institutions.
Belief, Assembly and Worship Already Protected
Ironically,
one reason that modern religious freedom claims so often seek the right
to do harm is that other kinds of religious belief and practice are so
well established. For over 200 years, core religious freedoms have been
protected by law in the United States. America’s founders carefully
secured the right of citizens to believe, think, and assemble for
worship as they chose—or to publically deny that they belonged to the
religious majority without being excluded from the power and privilege
of public office.
Like all of
America’s founding ideals, these protections at first applied almost
exclusively to white males of European origin, and it would take two
centuries of struggle before Blacks, Native Americans, and practitioners
of other religions would fully secure the full rights of personhood and
citizenship, including freedom to think and worship as they saw best.
In the intervening years, some religious minorities, and Native
Americans in particular suffered horrendous religious persecution by the
Christian majority.
But today, for
the most part Americans have an almost unprecedented levels of freedom
to believe and worship as we see fit. An American citizen or resident
can hold a spiritual worldview that is shared by a community or deeply
idiosyncratic. We are free to adhere to all manner of
wild and wacky superstitions, and we do. Alternately, we can use
a dozen or more labels to
identify ourselves as non-religious. We are free legally to renounce
our childhood religion and try a new one. We can teach our beliefs to
our children and recruit converts on street corners. We can do all of
this without fear of being imprisoned, lashed, tortured, stoned,
drowned, beheaded, or burned at the stake.
In
contrast to people living in Christian Europe during past centuries,
Americans take these rights for granted, so much so that we forget that
these freedoms were precious and new to many who immigrated here to
escape religious persecution.
By
contrast with enduring protections for religious belief and assembly;
religiously motivated behavior historically has been constrained by U.S.
law for compelling reasons including the following:
- To establish civil society. To create a civil society, one that can in any measure live up to the words that have been America’s motto since 1795, E Pluribus Unum,
the rule of law must trump the rule of religion. The Supreme Court long
defended this position. Law trumping religion is not just the only way
to build a functioning pluralistic society, it is the only way to create
a government that can protect the religious freedom of citizens.
- To promote the general welfare. American civic agreements when functioning as intended, aim topromote the general welfare and
avert harms. To this end our civil and criminal codes set limits on
religiously motivated behavior and establish civic duties and
responsibilities that apply to citizens regardless of religious status.
- To prevent dictatorial theocracy. To
prevent theocracy akin to that which many early immigrants fled in
Europe, religious institutions and practitioners are blocked from
leveraging the apparatus of the state to fund and promote religion
itself.
It is these
restrictions that are now being challenged by religious adherents, and
the second of these makes it clear why so many religious freedom claims
seek the freedom for a religious individual or organization to cause
harm with impunity.
By definition,
since civic agreements are an attempt to promote the general welfare,
the exemptions sought by religious individuals and institutions
generally do the opposite, meaning they allow those who are exempted to violate legal
agreements intended to promote broad wellbeing. Secondarily, those
claiming religious freedom often seek to coopt the power of the state
for religious ends so that civic agreements can be modified to reflect
religious theology. One might say that the goal is to use the tool of
government to promote the general religion rather than promote the
general welfare.
Civic Safeguards vs. Religious Persistence
During
most of American history, boundaries around religious freedom were
upheld by the courts so long as the rules applied equally to all, and
Jefferson’s “wall of separation” worked to insulate government from
control by a church hierarchy. But a successful religion, like rain on
the roof, seeks any crack through which it can penetrate into our public
structures and private homes.
In
1993, the misnamed Religious Freedom ‘Restoration’ Act, subtly changed a
long time standard, allowing religious practitioners to violate laws
that otherwise apply to all; and a cavernous crack appeared. In the
words of Justice Anthony Kennedy,
[RFRA’s]
sweeping coverage ensures its intrusion at every level of government,
displacing laws and prohibiting official actions of almost every
description and regardless of subject matter. . . . Any law is subject
to challenge at any time by any individual who claims a substantial
burden on his or her free exercise of religion. Such a claim will often
be difficult to contest….All told, RFRA is a considerable congressional
intrusion into the States’ traditional prerogatives and general
authority to regulate for the health and welfare of their citizens.
Although RFRA was
ruled unconstitutional as
it applies to the states in 1997, it continues to be applied to federal
statutes, and modified versions of the bill have been introduced
in most states.
Since 1993, devout believers have been doing all in their power to pry
the crack wider, using tools including federal and state legislative
processes, courts,
control of public accommodations like hospitals and schools, and investments in sophisticated legal advocacy infrastructure.
Christianity Offers Little Basis for Dismissing Bogus Claims
Some
Eastern religions teach an overarching principle against which
religious conscience claims might be weighed. In Tibetan Buddhism, for
example, this principle is compassion. In the Jain religion, it is
ahimsa, meaning non-harm.
Christianity,
on the other hand, has always been torn between those who insist that
the overarching principle is love, as articulated in the Great
Commandment, and those who insist it is right belief, as expressed in
the “Sinner’s Prayer.” Many Evangelicals feel a non-negotiable
responsibility to seek converts, as instructed in the Great Commission,
which advises followers of Jesus to “make disciples of every creature.”
Some perceive a God-given mandate to seize the reins of power, ruling
according to biblical principles, a view called dominionism.
Christians
are divided also, in their view of the Bible. Some understand the Bible
as a human document, one that records the struggle of our ancestors as
they sought to grasp timeless truths through a lens darkened by
fallibility and culture. Others see it as the literally perfect Word of
God, essentially dictated by God to the authors.
The
Bible’s contradictory prescriptions, together with differences in how
Christians understand biblical authority mean that almost anything can
be claimed as a religiously motivated behavior. But even if
Christianity’s more than 30,000 denominations could reach consensus
about how to assess the merit of religious conscience claims—which they
can’t--the problem would remain. The U.S. is home to people of all
faiths and none at all, each of whom has his or her own deeply held
values and a constitutional right to whatever spiritual worldview he or
she may hold.
Time for Honest Conversation
Around
the world, through most of human history, societies have so feared
offending supernatural powers that they forbade and punished religious
deviance, even by death, lest divine wrath befall the community as a
whole. By contrast, the United States Constitution and related documents
were products of the Enlightenment, created by a coalition of
nontheists, deists, and Christians. While it is true that some
populations such as pagans and Native Americans have suffered shameful
persecution and oppression at the hands of the Christian majority, in
principle, religious freedom has long been broadly protected by law in
the U.S. except where it infringes human wellbeing or harms civil
society itself.
But some
religiously motivated behavior does harm human wellbeing or civil
society. In fact, some forms of belief obligate adherents to infringe
the rights or wellbeing of others. They are fundamentally incompatible
with the radical idea that each person is entitled to life, liberty and
the pursuit of happiness. Religious conservatives aren’t simply
inventing their appeal to religious conscience; unfettered religious
freedom really does mean the right to discriminate, the right to deny
medical care, the right to interfere in an outsider’s dying process, the
right to beat children, and more.
We
may want to believe it is possible to grant boundless freedom of
religion to some without impinging on the corresponding freedoms of
others, but this simply isn’t the case. Those who love this country, and
those who lead, have some tough choices to make.
8 Haaretz. 
