On the Claim that Separation Strengthens Religion

George Will has a long essay in National Affairs on religion and the American SeparationRepublic. It’s interesting in parts: as a self-professed “None,” Will reflects on the importance (but also the non-necessity) of religion as a support for American public and political life. Here’s a fragment:

[E]ven the founders who were unbelievers considered it a civic duty — a public service — to be observant unbelievers. For example, two days after Jefferson wrote his famous letter endorsing a “wall of separation” between church and state, he attended, as he and other government officials often would, church services held in the chamber of the House of Representatives. Services were also held in the Treasury building.

Jefferson and other founders made statesmanlike accommodation of the public’s strong preference, which then as now was for religion to enjoy ample space in the public square. They understood that Christianity, particularly in its post-Reformation ferments, fostered attitudes and aptitudes associated with, and useful to, popular government. Protestantism’s emphasis on the individual’s direct, unmediated relationship with God and the primacy of individual conscience and choice subverted conventions of hierarchical societies in which deference was expected from the many toward the few.

Beyond that, however, the American founding owed much more to John Locke than to Jesus. The founders created a distinctly modern regime, one respectful of pre-existing rights — rights that exist before government and so are natural in that they are not creations of the regime that exists to secure them. In 1786, the year before the Constitutional Convention, in the preamble to the Virginia Statute for Religious Freedom, Jefferson proclaimed: “[O]ur civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry.”

In fact, religion is central to the American polity precisely because religion is not central to American politics. That is, religion plays a large role in nurturing the virtue that republican government presupposes because of the modernity of America. Our nation assigns to politics and public policy the secondary and subsidiary role of encouraging, or at least not stunting, the flourishing of the infrastructure of institutions that have the primary responsibility for nurturing the sociology of virtue. American religion therefore coexists comfortably with, but is not itself a component of, American government.

Religion’s independence of politics has been part of its strength. There is a fascinating paradox at work in our nation’s history: America, the first and most relentlessly modern nation, is — to the consternation of social scientists — also the most religious modern nation. One important reason for this is that we have disentangled religion from public institutions.

One hears this kind of “fascinating paradox” claim frequently, but what’s much more fascinating is that one hears it from both conservative and progressive quarters. For conservatives it reinforces the myth of special American religious vigor that Americans like to tell themselves is a vital source of their collective civic health. For progressives it represents a distinctively American and putatively “pro-religion” argument for keeping religion as far away from politics as possible. American exceptionalism may be out of favor in elite circles, but this particular strain of it dies hard.

The claim is that religion is so vibrant in America only because (or uniquely because) it is so pure, so separate from public institutions. It’s an argument that Madison made famous in his “Memorial and Remonstrance” and that Justice Souter has made in his religion clause jurisprudence (see his dissent in Zelman v. Simmons-Harris) and that now George Will makes. It reflects a distinctively evangelical ethic that one sees in full blossom in the writing of Roger Williams (as well as, before him, John Milton), for whom religion could never quite be pure enough–an ethic that hyper-emphasizes the unvarnished, utterly and uncomplicatedly sincere credos of what William James much later would call the gloomily intense “twice-born.”

Notice also the individualistic current on which the claim rides. It isn’t just that the state is “likely to get it wrong”; that is an argument for disestablishment (although one not available to secularists, since “it” is completely “wrong”). The deeper undercurrent of the separationist claim is that individuals, not entities, are the ones “likely to get it right”–that true-blue, healthfully zesty religiosity depends on a kind of inward exercise of discernment borne from fervent conviction that is always in peril of depurification by associational adulteration. It is a claim made primarily by those whose experience of “bad” religion was group religion– and traditional group religion at that. And the claim retains at least part of its power because of its still vital anti-clerical, anti-institutional foundations. (On Roger Williams’s views on this score, see Philip Hamburger’s extended discussion; the claim’s full-throated adoption by secular philosophers like Martha Nussbaum has seemed anachronistic to me, but it makes far more sense viewed from the perspective of an autonomous spiritual “seeker” peering through an anti-institutional lens. Andrew Koppelman has a long piece attempting to update it for modern times). Many have made the claim; surely many will continue to do so.

But is the claim true? In part, perhaps, but only with substantial qualifications of a kind that make it problematic. There is nothing inevitable (or “logical,” as George Will might put it) about religious strength that follows ineluctably from its complete separation from government. There is no iron law that says: the more we separate religion from government, the stronger religion must become. Such a claim would run headlong into many counterexamples, contemporary and ancient. The ancient examples make the claim appear patently absurd. One wants to ask: “Do you actually mean to tell me that no society which has not observed strict separation between church and state has had a flourishing religious life? So there was no flourishing religious life in any of countless pre-modern societies that existed before Milton or Locke or Roger Williams or whoever got busy?” And to take only one modern case, religion and the state have been strictly separated for some time in laic France and in other extremely secular European countries, and the strength of religious life in those countries is by all accounts much weaker than it was in prior historical periods when there was greater proximity and interpenetration of church and state.

I suppose one might argue that religious weakness in a country like France is the result of the long, noxious association of church and state that preceded separation, and that we just need some more time before a newly flourishing religiosity emerges. That seems highly dubious. Church and state have been separated in France for over a century (since 1905). How much longer is it supposed to take for this delicate flower to bloom in the desert? In fact, it seems much more likely that strict separation of church and state has either contributed to the weakening of religious life in a country like France or (even more plausibly) that it has occurred at a time when religiosity was weakening for reasons of its own–reasons unrelated to, or at least independent of, strict separationism.

If some notion of separation did in fact at one time contribute to a stronger collective religious life in the United States, the reason had little to do with any necessary connection in this respect, and more to do with the unique historical and cultural circumstances of the United States–circumstances in which the Puritan evangelicalism represented by Roger Williams’s particular style of fire-and-brimstone, garden-and-the-wilderness religiosity was much more powerful in the United States than it is today. Church-state separation may be a strategy that makes religion seem stronger, provided that one is beginning from the evangelical paradigm of the twice-born soul. But it is a different matter if religion is commonly perceived in wildly different terms and expected to perform entirely different functions.

At any rate, the action of separation on religion’s strength in America was situational and circumstantial; it was hardly causal or inevitable; and it is hardly inevitable that a policy of more stringent separationism at this juncture in the country’s history and cultural circumstances will result in a more vibrant religious life. Countries with other backgrounds and other histories who look to the United States as a model in this respect may well be misled. The pre-existing evangelical bulwark made church-state separation look like a real shot in the arm for religion, not the other way round.

It is a distinctively lawyerly foible to believe that the weakening or strengthening of broad and entrenched cultural phenomena is caused, or even substantially affected, by a government policy or a court-imposed legal rule. This is not to say that legal policies do not have social effects; of course they do. But the degree of influence often is neither unidirectional nor especially significant. There are signs that traditional forms of religiosity are weakening in the United States: the rise of the “Nones” of which George Will counts himself a member is only one such sign. The gathering strength of the Nones is occurring when religion is as a general matter more “disentangled from public institutions” than at any point in the country’s history. Perhaps the Nones and other religio-cultural movements augur new forms of religiosity in America, forms that will eventually supplant the traditional varieties of religious experience. On these matters, see several posts by my colleague Mark, who is studying this issue. But however these changes may go, government policies relating to church and state are likely to have nothing more than an unpredictable and largely incidental effect on these developments.

Kent Greenfield on Same-Sex Marriage and the Slippery Slope

A post on the American Prospect site by Boston College law professor Kent Greenfield is getting a lot of attention, especially from opponents of same-sex marriage, like Princeton’s Robert George, who believe the Left has been unfairly maligning them as scaremongers for years. Greenfield, who supports same-sex marriage, thinks it’s time to confess something: Conservatives who argued that recognizing same-sex marriage logically implied the recognition of incestuous and polygamous marriages were right all along:

You know those opponents of marriage equality who said government approval of same-sex marriage might erode bans on polygamous and incestuous marriages? They’re right. As a matter of constitutional rationale, there is indeed a slippery slope between recognizing same-sex marriages and allowing marriages among more than two people and between consenting adults who are related. If we don’t want to go there, we need to come up with distinctions that we have not yet articulated well.

Greenfield attempts to come up with distinctions–moral opprobrium, child welfare, coercion, the immutability of sexual orientation, lack of representation in the political process–but concludes that none of them really works. Here’s his final paragraph:

If these distinctions do not hold water, we have two options. We can continue to search for differences that make sense as a matter of constitutional principle. Or we can fess up. We can admit our arguments in favor of marriage equality inexorably lead us to a broader battle in favor of allowing people to define their marriages, and their families, by their own lights.

A signal of marriage wars yet to come.

Shapiro, “Trying Biology: The Scopes Trial, Textbooks, and the Antievolution Movement in American Schools”

This past May, the University of Chicago Press published Trying Biology: The Scopes Trial, Textbooks, and the Antievolution Movement in American Schools, written Printby Adam R. Shapiro (Birbeck-University of London).  The publisher’s description follows.

In Trying Biology, Adam R. Shapiro convincingly dispels many conventional assumptions about the 1925 Scopes “monkey” trial.  Most view it as an event driven primarily by a conflict between science and religion.  Countering this, Shapiro shows the importance of timing: the Scopes trial occurred at a crucial moment in the history of biology textbook publishing, education reform in Tennessee, and progressive school reform across the country.  He places the trial in this broad context- alongside American Protestant antievolution sentiment- and in doing so sheds new light on the trial and the historical relationship of science and religion in America.

For the first time we see how religious objections to evolution became a prevailing concern to the American textbook industry even before the Scopes trial began.  Shapiro explores both the development of biology textbooks leading up to the trial and the ways in which the textbook industry created new books and presented them as “responses” to the trial.  Today, the controversy continues over textbook warning labels, making Shapiro’s study- particularly as it is plays out in one of America’s most famous trials- an original contribution to a timely discussion.

Wilson, “The Street Politics of Abortion: Speech, Violence, and America’s Culture Wars”

This August, Stanford University Press will publish The Street Politics of Abortion: Speech, Violence, and America’s Culture Wars, written by Joshua C. the street politics of abortionWilson (University of Denver).  The publisher’s description follows.

The U.S. Supreme Court decision in Roe v. Wade stands as a historic victory for abortion-rights activists. But rather than serving as the coda to what had been a comparatively low-profile social conflict, the decision mobilized a wave of anti-abortion protests and ignited a heated struggle that continues to this day.  Picking up the story in the contentious decades that followed Roe, The Street Politics of Abortion is the first book to consider the rise and fall of clinic-front protests through the 1980s and 1990s, the most visible and contentious period in U.S. reproductive politics. Joshua Wilson considers how street level protests lead to three seminal Court decisions—Planned Parenthood v. Williams, Schenck v. Pro-Choice Network of Western N.Y., and Hill v. Colorado. The eventual demise of street protests via these cases taught anti-abortion activists the value of incremental institutional strategies that could produce concrete policy gains without drawing the public’s attention. Activists on both sides ultimately moved—often literally—from the streets to fight in state legislative halls and courtrooms.

At its core, the story of clinic-front protests is the story of the Christian Right’s mercurial assent as a force in American politics. As the conflict moved from the street, to the courts, and eventually to legislative halls, the competing sides came to rely on a network of lawyers and professionals to champion their causes. New Christian Right institutions—including Pat Robertson’s American Center for Law and Justice and the Regent University Law School, and Jerry Falwell’s Liberty University School of Law—trained elite activists for their “front line” battles in government. Wilson demonstrates how the abortion-rights movement, despite its initial success with Roe, has since faced continuous challenges and difficulties, while the anti-abortion movement continues to gain strength in spite of its losses.