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The background art you see is part of a stained glass depiction by Marc Chagall of The Creation. An unknowable reality (Reality 1) was filtered through the beliefs and sensibilities of Chagall (Reality 2) to become the art we appropriate into our own life(third hand reality). A subtext of this blog (one of several) will be that we each make our own reality by how we appropriate and use the opinions, "fact" and influences of others in our own lives. Here we can claim only our truths, not anyone else's. Otherwise, enjoy, be civil and be opinionated! You can comment by clicking on the blue "comments" button that follows the post, or recommend the blog by clicking the +1 button.

Wednesday, February 15, 2012

Religion, Rights and The State


Fur is flying, as usual, as politicians and pundits of all stripes, from skunk to tiger, chase each other round and round about religious liberty. It’s an old fight, which began long before the country, when Pilgrims banned Christmas as too frivolous, and Roger Williams and the Massachusetts Bay Colony feuded over the relation of religion to government.  Perhaps that’s why a Constitutional Convention the majority of whose delegates were clergy tabled Ben Franklin’s motion to begin proceedings with a prayer and refused to vote on it.  They then proceeded resolutely to avoid mentioning religion in the Constitution itself except for the stricture against any religious test for public office (a rule resolutely ignored by social conservatives at every election cycle since then.)

In a way, it’s just shorthand for asking, “Could I take you home to grandpa without getting run out of the house?”  That, actually is a serious question; I’m a grandpa myself, and know we deserve at least a modicum of respect. It’s part of the braking system in our vehicle of social change and requires periodic testing.  Sometimes it’s just a way of diverting attention away from policy issues that conservatives know they hold a losing position on.  Occasionally, the perennial debate is just silly; James Madison, when asked about the constitutionality of a prayer in the Senate, replied that he personally was against it, but that “the law should not concern itself with little things.”

Sometimes though, the debaters tackle a really serious issue, and that’s the case now.  On the one hand, social activists rightly believe non-Catholic women should not be deprived of insurance coverage for contraception; to them, Catholic institutions’ refusal to fund abortion coverage is a violation of rights. Meanwhile, Catholic bishops argue that “no law prohibiting the free exercise of religion” means just  that – the state can not prohibit the church from discriminating if it is genuinely a part of their doctrine.  It would be a much less thorny problem if only Catholic women worked for the church, but the church’s good work to alleviate poverty, run hospitals, etc., is so extensive, and integral to its doctrine, that it could not possibly be done without employing non-Catholics.  And both sides are equally sincere and fervent in their views.

Both sides forget of course that most Constitutional rights are relative, not absolute, and end “at the tip of the other person’s nose.”  That the church “holds itself out to the public” to provide goods and services means that the state can, through exercise of the interstate commerce provision determine where each nose must end for the good of the country.  The long, torturous history of this debate began with the intellectual grandfather of the Constitution, the Englishman John Locke, who in his Essay on Tolerance argued that no one should be required to adhere to any religious dogma except through persuasion; I personally believe that the founding fathers had that in mind and would have sided with the activists over the church.  Others, including the Supreme Court, may well disagree. 

However it decides, through regulation or a Supreme Court ruling, the state will be perceived as villain by one side or the other.  The real culprit here though is employment based health insurance.  The controversy would not occur, except perhaps in a vastly different form, in places like Canada, Scandinavia or the United Kingdom, where a truly national health program does not rely on the scruples, or lack thereof, of individual employers.  The social conservatives are, interestingly, thus raising the case for the thing they hate most, a national health insurance program. The plot grows very thick indeed.

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