CAT | Church & State
Writing in the New Yorker, Jeffrey Toobin wonders where the Hobby Lobby decision might lead:
The great Oliver Wendell Holmes once observed that important Supreme Court decisions “exercise a kind of hydraulic effect.” Even if the authors of such decisions assert that their rulings will have limited impact, these cases invariably have a profound influence. So it has been with Burwell v. Hobby Lobby Stores, Inc., which is less than six months old….
Justice Samuel Alito insisted, in his opinion for the Court, that [the] in decision [in Hobby Lobby] would be very limited in its effect. Responding to the dissenting opinion by Justice Ruth Bader Ginsburg, who called it “a decision of startling breadth,” Alito wrote, “Our holding is very specific. We do not hold, as the principal dissent alleges, that for-profit corporations and other commercial enterprises can ‘opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.’ ” Ginsburg, though, wondered where the guidance was for the lower courts when faced with similar claims from employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others).
The problem is not (necessarily) what was decided in the Supreme Court but how that decision will be interpreted in lower courts where, for the most part, it will stay:
A sampling of court actions since Hobby Lobby suggests that Ginsburg has the better of the argument. She was right: the decision is opening the door for the religiously observant to claim privileges that are not available to anyone else.
One such matter is Perez v. Paragon Contractors, a case that arose out of a Department of Labor investigation into the use of child labor by members of the Fundamentalist Church of Jesus Christ of Latter-day Saints. (The F.L.D.S. church is an exiled offshoot of the Mormon Church.) In the case, Vernon Steed, a leader of the F.L.D.S. church, refused to answer questions by federal investigators, asserting that he made a religious vow not to discuss church matters. Applying Hobby Lobby, David Sam, a district-court judge in Utah, agreed with Steed, holding that his testimony would amount to a “substantial burden” on his religious beliefs—a standard used in Hobby Lobby—and excused him from testifying. The judge, also echoing Hobby Lobby, said that he needed only to determine that Steed’s views were “sincere” in order to uphold his claim. Judge Sam further noted that the government had failed to prove that demanding Steed’s testimony was not, in the words of the R.F.R.A., “the least restrictive means of furthering that compelling governmental interest.” That burden seems increasingly difficult for the government to meet…
To repeat a point I made in an earlier post:
It ought to go without saying that religious freedom is part of the bedrock of American liberty, but so too is the notion of equality before the law. There has to be unum, so to speak, as well as pluribus.
WASHINGTON, D.C. — Speaking to three administrators for the Environmental Protection Agency on Wednesday, David Kepley, an elder and deacon at the Providence Presbyterian Church, quoted Leviticus.
“God said ‘the land is mine; with me you are but aliens and tenants,’” he said. “‘Throughout the land that you hold, you shall provide for the redemption of the land.’”
To be wasteful of the land’s bounty … is not just unproductive, but is an affront to God.
The verses, Kepley said, allude to several themes. For one, God has encouraged us not just to draw sustenance from the land, but to replenish it — to act as stewards of Creation. For another, the verses compare humans to “renters” in God’s house, meaning we can’t just trash God’s house with unmitigated pollution.
“To me this means that to be wasteful of the land’s bounty or to despoil it with substances that are harmful to people or other life forms is not just unproductive, but is an affront to God,” Kepley said. “In my view, the EPA has identified one of those areas where we humans have ignored our role as good stewards of the Creation.”
Kepley was just one of at least 28 religious leaders who urged the EPA at two D.C. hearings on Tuesday and Wednesday not to weaken — and at times to strengthen — its proposed regulations on carbon emissions from coal plants. The proposed rule represents the Obama Administration’s most ambitious move yet to combat one of the main drivers behind climate change.
…On Tuesday and Wednesday, leaders from Presbyterian, Episcopal, Evangelical, Lutheran, Methodist, Quaker, and Baptist congregations spoke out in strong support of the rule, with most speakers calling it a moral obligation to God. Leaders from Jewish, Hindu, Buddhist, and Baha’i groups also testified in support of the rule.
Arguing for such rules on a scientific basis is fine, but this, well….
Taxpayers will, of course, have funded this
set of sermons ‘hearing’: Quite why escapes me.
It’s difficult not to despair sometimes when confronting some of the excesses of the zero tolerance crowd in the nation’s schools: the toddler sent home for pointing in a way that made his fingers look like a gun, and all the rest.
Nevertheless, the news contained in this report produced by the Becket Fund, a group named, tellingly enough after a defender of priestly legal privilege, ought to give to rise to a degree of concern:
Amandeep Singh, a ninth-grade honor student in New York, was reprimanded and suspended indefinitely for wearing a kirpan—a ceremonial religious item worn by members of the Sikh faith—to school.
Amandeep became a baptized Sikh at age eight, requiring him, like 20 million other Sikhs worldwide, to follow the five Sikh articles of faith. The best known of these is the requirement to wear hair uncut in a turban. Another requirement is the kirpan, an item shaped like a sword that reminds Sikhs of their duty to speak out against injustice and stand up for the defenseless. In deference to school security concerns, school-age children like Amandeep typically wear a very small, blunt kirpan that cannot be used to harm anyone.
For over seven years, Amandeep attended local public schools and continuously observed all five articles of his faith, including the wearing of the kirpan, without any incident. Many of his teachers were aware of his kirpan and specifically commended him for his dedication to his faith. None ever told him that his kirpan–which was duller than a butter knife and secured underneath his clothes–posed any sort of danger.
Without explanation, school officials suddenly reversed course in February 2005 and declared Amandeep’s kirpan to be a prohibited “weapon.” Moreover, they refused to allow him to set foot on school grounds unless he abandoned his article of faith. At that point, Amandeep retained The Becket Fund to protect his religious freedom.
The Becket Fund intervened on Amandeep’s behalf, meeting with school district officials to explain the kirpan’s religious significance and Amandeep’s rights under the First Amendment. The district quickly changed course, agreeing to allow Amandeep to continue his education without compromising his faith.
This was a victory not only for Amandeep and other Sikhs, but also for free religious exercise in public schools. The district’s actions were “evidence of religious discrimination,” Jared Leland, media and legal counsel for Becket, told the Journal News . “He was really being forced to choose between attending a public school and practicing his faith, and that’s something that the First Amendment does not tolerate.”
Now, I have no problem with the idea allowing a Sikh child—or any other child—to wear a safe, very small, very blunted and entirely symbolic sword under their clothes at school. The school’s security policy should never have been so narrow as to ban it. But to permit this exception purely on the grounds of religious belief is more troubling, not particularly in itself (Amandeep’s kirpan seems completely harmless), but for the precedent it may set. What other school rules or procedures could children be exempted from in future purely because compliance with those rules or procedures contravened a possibly less benign aspect of one or another creed?
A generous and broad assertion of the principle of freedom of religion is something that makes America America, and rightly so, but so too is the notion of equality before the law, and, for that matter, something else too. How to put it? Well, this will do: E pluribus unum.
There has to be unum as well, so to speak, as pluribus
Cross-posted on the Corner:
Here’s Radio Free Europe with a reminder of how “traditional” values are playing out in today’s Russia:
The head of the Russian Orthodox Church has awarded Communist Party leader Gennady Zyuganov with an order for “glory and honor.” Patriarch Kirill gave the order to Zyuganov in Moscow on June 27, one day after the longtime communist leader celebrated his 70th birthday.
Kirill said Zyuganov — who in 2010 called for the re-Stalinization of Russia and has called the Soviet Union “the most humane state in human history” — deserves the award as “one of the most famous Russian politicians who has expressed interest in the welfare of the nation and the protection of traditional moral values”.
And to think there are those who still believe that Pussy Riot was the problem.
This morning the Supreme Court decided Town of Greece v. Galloway, on a challenge to prayers preceding a town council meeting. Evidence was that the small town of Greece, N.Y., near Rochester, had reached out to all the churches in a local directory offering the opportunity to give invocations; it happened that all the churches in town were Christian, but there was no sign that the town was conniving to avoid other religious faiths.
Quoting AP: “The court said in a 5-4 decision that the content of the prayers is not significant as long as officials make a good-faith effort at inclusion. … ‘The inclusion of a brief, ceremonial prayer as part of a larger exercise in civic recognition suggests that its purpose and effect are to acknowledge religious leaders and the institutions they represent, rather than to exclude or coerce nonbelievers,’ [Anthony] Kennedy said [for the majority].”
The Court was split several ways, with Alito and Thomas/Scalia writing separately from the majority on various points, the latter two declining to join one section of the majority opinion, and Breyer writing separately as well as joining the dissent. Jonathan Adler analyzes the opinions at Volokh Conspiracy.
The fact is that the Justices were disputing a very narrow strip of territory in this case. Notably, all four liberal justices endorsed the Court’s earlier ruling in Marsh v. Chambers approving Nebraska’s use of prayer before legislative sessions. In other words, not a single current Justice in fact fits the “raving secularist liberal” caricature we sometimes hear about.
There will be overreactions by combatants on both sides of the culture wars. A few social conservatives, who I suspect must not have read the Kennedy opinion closely, are crowing as if the Court had somehow vindicated the views about religion and the public square of David Barton or the Witherspoon Institute. On the opposite side, Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State, declared that the Court “just relegated millions of Americans— both believers and nonbelievers—to second-class citizenship.”
That wasn’t my reaction. As a convinced secularist I think I can live with the careful, limited balance Kennedy strikes, and I suspect most Americans will feel the same.
The American Humanist Association announced that it is launching a program training people in the giving of secular invocations. So did the Freedom from Religion Foundation, but with very different aims in mind: the AHA wants to show that unbelievers can fully join in and be an equal part of the civic ideals traditionally symbolized by invocations, while the FFRF is more intent on upsetting the applecart and creating enough discomfort with the whole idea of such a ceremony to cause its discontinuance.
I have to say I like the AHA’s approach better, but your views may differ.
Having long lost out in his efforts to woo Russia’s liberals, and increasingly struggling with opposition in Russia’s metropolitan centers, Vladimir Putin has instead being appealing to Russia’s ‘silent majority’.
I wrote about this for National Review a week or two ago, noting how this latest pivot by Putin has been winning him some (mistaken) approval on the right over here too.
Meanwhile, the Washington Times has more on Vladimir Putin, conservative:
“Many Euro-Atlantic countries have moved away from their roots, including Christian values,” Russian President Vladimir Putin said in a recent keynote speech. “Policies are being pursued that place on the same level a multi-child family and a same-sex partnership, a faith in God and a belief in Satan. This is the path to degradation.”
In his state of the nation address in mid-December, Mr. Putin also portrayed Russia as a staunch defender of “traditional values” against what he depicted as the morally bankrupt West. Social and religious conservatism, the former KGB officer insisted, is the only way to prevent the world from slipping into “chaotic darkness.”
…Mr. Putin’s views of the West were echoed this month by Patriarch Kirill I of Moscow, the leader of the Orthodox Church, who accused Western countries of engaging in the “spiritual disarmament” of their people. In particular, Patriarch Kirill criticized laws in several European countries that prevent believers from displaying religious symbols, including crosses on necklaces, at work.
Well, Kirill may be a thoroughly disreputable figure but he is (broadly speaking) right about the stupidity of not allowing people to display religious symbols at work. That said, this claim, to put it mildly, is a stretch:
… Other figures within the Orthodox Church have gone further in criticizing the West. Archpriest Vsevolod Chaplin, a church spokesman, suggested that the modern-day West is no better for a Christian believer than the Soviet Union. Soviet authorities executed some 200,000 clergy and believers from 1917 to 1937, according to a 1995 presidential committee report. Thousands of churches were destroyed, and those that survived were turned into warehouses, garages or museums of atheism.
To argue that Christians in the West today are treated in a manner in any way comparable to that is to insult the memories of those murdered (not to speak of the countless others subjected to ‘lesser’ persecution) for their faith in the Soviet Union, and to trivialize their fate.
Back to the Washington Times:
…The Kremlin’s encouragement of traditional values has sparked a rise in Orthodox vigilantism. Fringe groups such as the Union of Orthodox Banner Bearers, an ultraconservative movement whose slogan is “Orthodoxy or Death,” are gaining prominence.
Patriarch Kirill has honored the group’s leader, openly anti-Semitic monarchist Leonid Simonovich, for his services to the Orthodox Church. The Banner Bearers, who dress in black paramilitary uniforms festooned with skulls, regularly confront gay and liberal activists on the streets of Moscow.
Although Mr. Putin has never made a secret of what he says is his deep Christian faith, his first decade in power was largely free of overtly religious rhetoric. Little or no attempt was made to impose a set of values on Russians or lecture to the West on morals.
However, since his inauguration for a third presidential term in May 2012, the increasingly authoritarian leader has sought to reach out to Russia’s conservative, xenophobic heartland for support.
It has proved a rich hunting ground.
Indeed it has.
Disappointingly, Greaves turns out to be a rather wishy-washy devil worshiper:
In 2005, Greaves had lunch with Peter H. Gilmore, high priest of the Church of Satan founded by Anton LaVey. Greaves felt that a cultural shift had occurred with the rise of the New Atheist movement, led by the likes of Richard Dawkins and Sam Harris, and that Satanists should participate in this new conversation about religion in the public sphere. As a cognitive scientist, he was suspicious of Dawkins’ claims that humanity can live without religion since he felt that humans are “hard wired” to interpret the world through a rich language of symbol, narrative, and ritual. So Greaves imagined Satanism as a religion that could combine Dawkins’ aversion to supernaturalism with powerful and compelling symbols—what might be called a “sacralized” atheism.
Greaves is dead right about the hard wiring, but somehow I cannot see old Nick as an entirely plausible object of veneration to be used in the rites of—no God help us—“sacralized” atheism. There’s just too much baggage there, souls in torment, fire, brimstone, apocalypse, Rosemary’s Baby, you know how it goes.
Read on further, and it turns out that Greaves is using his supposedly Satanic agenda to make a decidedly political point.
Greaves was eventually approached by The Satanic Temple, a group that shared his political goals and saw Satanism as a “poison pill” that could be used to check the erosion of the establishment clause by reminding the public that privileges afforded to Christians could also be afforded to Satanists….
Future plans involve legally ordaining ministers and using the free exercise clause to claim privileges for Satanists. Satanic ministers could, for example, illegally marry a gay couple and then, when the state refuses to recognize the marriage, claim that their free exercise rights have been violated.
So satire then?
To gain any legal traction, Greaves will have to demonstrate that he is sincere about Satanism and that these projects are more than just pranks, which may prove difficult for a newly formed group that denies any belief in the supernatural. His opponents understand this too. Greaves described how, before his work with the Satanic Temple, advocates of SRA produced conspiracy theories about him, claiming that only someone secretly connected to criminal Satanism would challenge their claims. But now that he’s demanded Constitutional rights for Satanists, his detractors have reversed course. In an interview with Fox News he was repeatedly challenged as not being a real Satanist. Even the Church of Satan has joined the queue to call Greaves a phony Satanist.
In an article for Time, the Church’s High Priestess Magistra Peggy Nadramia, claimed that Greaves is not an authentic Satanist and merely “riding the coattails” of the Church of Satan, adding that “The Church of Satan is decidedly uninterested in politics.”
Greaves dismissed these attacks, asserting that preserving their status as the monolithic embodiment of Satanism appears to be the Church’s only goal. For his own part, Greaves claims he has no interest in being the public face of Satanism and that struggles over leadership are at odds with Satanism’s anti-authoritarian philosophy.
Satanism has an “anti-authoritarian” philosophy? That’s not how it looked in The Omen.
The conclusion to this piece though is well worth pondering
Greaves feels that a community centered around Satan—not as a literal entity but a potent metaphor for values that he holds sacred—is more than just a philosophy and should enjoy the same Constitutional protections afforded to religion. If the Satanic Temple’s campaign has any traction it will force a public discussion not simply on the Constitutional issues surrounding religion, but on the perennial problem of what religion is.
Once-in a saner era-there would have been no problem at all about defining what a ‘proper’ religion was. Well, not too much, anyway. But now…
To repeat the point that I made the other day, those pursuing a highly expansive definition of “religious freedom” in today’s very changed America may well not appreciate where such arguments may lead.
The Daily News reports:
A satanic group unveiled designs Monday for a 7-foot-tall statue of Satan it wants to put at the Oklahoma state Capitol, where a Ten Commandments monument was placed in 2012.
The New York-based Satanic Temple formally submitted its application to a panel that oversees the Capitol grounds, including an artist’s rendering that depicts Satan as Baphomet, a goat-headed figure with horns, wings and a long beard that’s often used as a symbol of the occult. In the rendering, Satan is sitting in a pentagram-adorned throne with smiling children next to him.
“The monument has been designed to reflect the views of Satanists in Oklahoma City and beyond,” temple spokesman Lucien Greaves said in a statement. “The statue will also have a functional purpose as a chair where people of all ages may sit on the lap of Satan for inspiration and contemplation.”
The Satanic Temple maintains that the Oklahoma Legislature’s decision to authorize a privately funded Ten Commandments monument at the Capitol opened the door for its statue. The Ten Commandments monument was placed on the north steps of the building in 2012, and the Oklahoma chapter of the American Civil Liberties Union has sued to have it removed…
And (as the Daily News had revealed earlier) Satan might not be the only new arrival:
Days after a Satanist group expressed a desire to construct a monument on the grounds of Oklahoma’s state capitol, a Hindu organization announced that they would also like a slice of that religious freedom pie.
Rajan Zed, president of the Universal Society of Hinduism, announced plans to erect a statue of the revered Hindu god Hanuman, the monkey king, outside the capitol.
Hanuman is an important deity in the Hindu pantheon. He is revered for his life of service and his devotion to the powerful god Rama.
And there are other candidates to stand alongside the Ten Commandments too.
Somehow, I don’t think that the Oklahoma State Legislature had this quite in mind. In an age of multiculturalism, a strict view of the separation of church and state may be about to win some unexpected converts.
Man plans, God laughs.
Cross-posted on the Corner:
Russia’s first modern ‘official’ ideology was developed in the early 19th Century, primarily as a response to the potential liberal challenge from both home and abroad, and was summed up in the words Orthodoxy, autocracy and nationality. And by nationality, it meant Russian nationality, a key concern for a czar presiding over a multinational empire.
Some traditions die hard. Here’s the Kyiv Post reporting on the disagreement between Patriarch Kirill, head of the Russian Orthodox Church, and a firm supporter of the Putin regime, and the Ukrainian patriarch, Filaret:
Commenting on the statement of Russian Christian Orthodox Church Patriarch Kirill that the EuroMaidan demonstrations are a threat to the spiritual unity of Ukrainians and Russians, the Patriarch of Kyiv and all Rus-Ukraine Filaret stated: “This is not true.”
“If we take the idea that Kirill defends – Rusky Mir (Russian World) – it is not unity, it is empire, wrapped in a nice package. In fact, it is about creating a new empire. The Customs Union is the beginning,” said Filaret, referring to Russian President Vladimir Putin’s revival of an economic and political union of former Soviet republics including Russia, Kazakhstan, Belarus and Armenia. Putin also hopes to include Ukraine, the second largest former Soviet republic, in the grouping.
According to Filaret, “the truth is to practice the Orthodox faith, and each nation will have its own independent church, as required by the canons of the church.”
I’ve no idea about the canon law, but Filaret is clearly onto something about the politics of all this.
The Guardian reports:
In their zeal to tout their faith in the public square, conservatives in Oklahoma may have unwittingly opened the door to a wide range of religious groups, including Satanists who are seeking to put their own statue next to a Ten Commandments monument outside the statehouse. The Republican-controlled legislature in the state known as the buckle of the Bible Belt authorised the privately funded Ten Commandments monument in 2009. It was placed on the Capitol grounds last year despite criticism from legal experts, who questioned its constitutionality. The Oklahoma chapter of the American Civil Liberties Union has filed a lawsuit seeking its removal.
But the New York-based Satanic Temple saw an opportunity. It notified the state’s Capitol Preservation Commission that it wants to donate a monument and plans to submit one of several possible designs this month, said Lucien Greaves, a spokesman for the temple.
“We believe that all monuments should be in good taste and consistent with community standards,” Greaves wrote in letter to state officials. “Our proposed monument, as an homage to the historic/literary Satan, will certainly abide by these guidelines.”
And the little ones are not left out:
Greaves said one potential design involves a pentagram, a satanic symbol, while another is meant to be an interactive display for children.
For the children!
The Republican state representative Mike Ritze, who spearheaded the push for the Ten Commandments monument and whose family helped pay the $10,000 for its construction, declined to comment on the Satanic Temple’s effort, but Greaves credited Ritze for opening the door to his group’s proposal.
“He’s helping a satanic agenda grow more than any of us possibly could,” Greaves said. “You don’t walk around and see too many satanic temples around, but when you open the door to public spaces for us, that’s when you’re going to see us.”
The Oklahoma legislature has taken other steps that many believe blur the line that divides church and state. The House speaker said he wants to build a chapel inside the Capitol to celebrate Oklahoma’s “Judeo-Christian heritage”. Several lawmakers have said they want to allow nativity scenes and other religious-themed symbols in public schools. The Republican representative Bobby Cleveland, who plans to introduce one such bill next year, said many Christians feel they are under attack as a result of political correctness. He dismissed the notion of Satanists erecting a monument at the Capitol.
“I think these Satanists are a different group,” Cleveland said. “You put them under the nut category.”
Well yes, but…