Göle, “Islam and Secularity”

In October, the Duke University Press releases “Islam and Secularity: The Future of Europe’s Public Sphere,” by Nilüfer Göle (entre d’Etudes Sociologiques et Politiques Raymond Aron, and the Ecole des Hautes Etudes en Sciences Sociales (Paris)). The publisher’s description follows: 

In Islam and Secularity Nilüfer Göle takes on two pressing issues: the transforming relationship between Islam and Western secular modernity and the impact of the Muslim presence in Europe. Göle shows how the visibility of Islamic practice in the European public sphere unsettles narratives of Western secularism. As mutually constitutive, Islam and secularism permeate each other, the effects of which play out in embodied and aesthetic practices and are accompanied by fear, anxiety, and violence. In this timely book, Göle illuminates the recent rethinking of secularism and religion, of modernity and resistance to it, of the public significance of sexuality, and of the shifting terrain of identity in contemporary Europe.

Neutrality Partiality

I have a short essay on the Library of Law and Liberty site involving the idea of religious neutrality when it comes to American public and private education. It was occasioned in part by the Colorado Supreme Court’s recent decision invalidating, pursuant to its state Blaine Amendment, a local program that would have made tuition scholarships available to certain students, which the students could then use to pay to attend private religious and nonreligious schools. I criticize the decision but use it to talk about certain broader issues. Here’s a bit from the conclusion:

Focusing on these details of Colorado law, however, obscures certain larger questions. If “sectarian” truly does mean “Catholic,” and even if it means, as Black’s Law Dictionary says, “of, relating to, or involving a particular religious sect,” then any state Blaine Amendment with this language would be subject to constitutional challenge under the Supreme Court’s free exercise law. “Sectarian” does not sound particularly neutral; or, to the extent it does, it sounds in the rather counterintuitive neutrality of state-endorsed religious hostility. Yet even this perspective on the question of neutrality passes over the colossal non-neutrality of the government’s systematic and exclusive funding of its own putatively religion-neutral schools, to the detriment of able students—many of them from poor and educationally underserved communities—who would greatly benefit from private religious schooling. Neutrality between religion and non-religion seems to demand a plainly partial allocation of resources. Or, one variety of government neutrality—no funding of religious schools—obstructs the achievement of another—educational opportunity.

The question of the place of religion in American educational life—whether in the nation’s public schools or in its position on private religious schools—will not be answered by neutrality talk, for the fundamental reason that nothing in the projects of American education is or ever has been neutral toward religion. From the very first, it was precisely the non-neutrality of the state toward religion that has been one of the prime catalysts of cultural and legal development in American education policy, public and private. There is an understandable tendency among some opponents of state Blaine Amendments such as Colorado’s to reduce them to simple expressions of non-neutral anti-Catholicism. Often they were that, but they were more.

To understand them merely in these terms—as lamentable examples of “discrimination”—domesticates them. It consigns them to a history from which we have happily progressed now that we have entered an epoch in which the making of discriminations of any kind is taboo. It puffs us up with the Whiggish certitude that to repudiate the Blaine Amendments is to rid ourselves decisively of the very real problem they addressed. That problem—how to foster through education the common civic culture upon which the American polity, even still, depends—does not vanish by easy, self-congratulatory resort to the voguish platitudes of antidiscrimination. The Blaine Amendments were woefully inadequate responses to that problem, but responses nonetheless. The empty bromide of religious neutrality is no response at all.

Around the Web This Week

Some interesting law and religion news stories from around the web this week:

Schmidt, “Cachita′s Streets: The Virgin of Charity, Race, and Revolution in Cuba”

In August, Duke University Press will release “Cachita′s Streets: The Virgin of Charity, Race, and Revolution in Cuba” by Jalane  D. Schmidt (University of Virginia). The publisher’s description follows:

Cuba’s patron saint, the Virgin of Charity of El Cobre, also called Cachita, is a potent symbol of Cuban national identity. Jalane D. Schmidt shows how groups as diverse as Indians and African slaves, Spanish colonial officials, Cuban independence soldiers, Catholic authorities and laypeople, intellectuals, journalists and artists, practitioners of spiritism and Santería, activists, politicians, and revolutionaries each have constructed and disputed the meanings of the Virgin. Schmidt examines the occasions from 1936 to 2012 when the Virgin’s beloved, original brown-skinned effigy was removed from her national shrine in the majority black- and mixed-race mountaintop village of El Cobre and brought into Cuba’s cities. There, devotees venerated and followed Cachita’s image through urban streets, amassing at large-scale public ceremonies in her honor that promoted competing claims about Cuban religion, race, and political ideology. Schmidt compares these religious rituals to other contemporaneous Cuban street events, including carnival, protests, and revolutionary rallies, where organizers stage performances of contested definitions of Cubanness. Schmidt provides a comprehensive treatment of Cuban religions, history, and culture, interpreted through the prism of Cachita.

Lee, “Recognizing the Non-religious: Reimagining the Secular”

This month, Oxford University Press releases “Recognizing the Non-religious: Reimagining the Secular” by Lois Lee (University College London). The publisher’s description follows:

In recent years, the extent to which contemporary societies are secular has come under scrutiny. At the same time, many countries, especially in Europe, have increasingly large nonaffiliate, ‘subjectively secular’ populations, whilst nonreligious cultural movements like the New Atheism and the Sunday Assembly have come to prominence. Making sense of secularity, irreligion, and the relationship between them has therefore emerged as a crucial task for those seeking to understand contemporary societies and the nature of modern life.

Drawing on ethnographic fieldwork in southeast England, Recognizing the Nonreligious develops a new vocabulary, theory and methodology for thinking about the secular. It distinguishes between separate and incommensurable aspects of so-called secularity as insubstantial – involving merely the absence of religion – and substantial – involving beliefs, ritual practice, and identities that are alternative to religious ones. Recognizing the cultural forms that present themselves as nonreligious therefore opens up new, more egalitarian and more theoretically coherent ways of thinking about people who are ‘not religious’. It is also argued that recognizing the nonreligious allows us to reimagine the secular itself in new and productive ways.

This book is part of a fast-growing area of research that builds upon and contributes to theoretical debates concerning secularization, ‘desecularization’, religious change, postsecularity and postcolonial approaches to religion and secularism. As well as presenting new research, this book gathers insights from the wider studies of nonreligion, atheism, and secularism in order to consolidate a theoretical framework, conceptual foundation and agenda for future research.

Same-Sex Marriage and Our New Religious Politics

1024px-US_Supreme_Court
Photo from Wikimedia

In the last week, two interesting polls have appeared, one from the Associated Press and the other from the Washington Post, on Americans’ reactions to the Supreme Court’s June ruling in the same-sex marriage case, Obergefell v. Hodges. Taken together, the polls reveal that America is more divided on the question than first appeared. And the polls reflect an unfortunate, new religious dimension in American politics.

Notwithstanding the widespread acclaim for the decision in the days following Obergefell, it turns out that many Americans do not favor making same-sex marriage a constitutional right. In the AP poll, only 39% said they approved of the Court’s ruling, while 41% said they disapproved. In the Washington Post poll, a bare majority, 52%, said they approved the Court’s decision, while 44% disapproved. These results are much closer than one would have expected, given the immediate media reaction to the ruling.

Now, the fact that many Americans disapprove of the Court’s decision doesn’t mean the decision is wrong. Constitutional law doesn’t turn on opinion polls. (As it happens, I think the Court’s opinion is wrong as a constitutional matter, for reasons I explain here). And one must be careful about reading too much into polls, especially polls that follow an unusual recent event. In time, public opinion may settle in favor of the Court’s decision, especially given the fact that younger Americans apparently support same-sex marriage in significant numbers. Besides, people could disapprove of the Court’s decision for reasons that do not directly relate to the merits. Americans are generally in a bad mood about the state of our country these days, and the polls may simply reflect that dissatisfaction.

All that said, these polls seem significant to me, for three reasons. First, they demonstrate that opposition to the Court’s decision is not a fringe phenomenon. Forty-four percent of the country is not an insignificant group. Dissenters may be reticent about expressing their opinion publicly—or, indeed, to pollsters, which suggests the percentage of opponents may be even higher—but they are not a trivial proportion of the population. America is apparently still divided on the question of same-sex marriage, and this division will doubtless make itself apparent in our politics. More on this below.

Second, the results hint that some people who oppose the Court’s decision may do so out of concern for religious freedom. In the AP poll, for example, 56% said that religious liberty should take precedence over gay rights, the implication being that people anticipate a conflict between the two. They should. At oral argument in Obergefell, Solicitor General Donald Verrilli himself acknowledged the potential for conflict, on questions like tax exemptions for religiously-affiliated institutions that oppose same-sex marriage.

Finally, there is an unmistakable partisan divide. In the AP poll, a large majority of Democrats gave priority to gay rights, while a large majority of Republicans said religious freedom is more important. The extent of the divide is truly startling. “By a 64-32 margin, most Democrats said it’s more important to protect gay rights than religious liberties when the two are in conflict,” the AP reports. “Republicans said the opposite, by 82-17.”

This polarization is worrisome. Up till now, America has been spared the bitterness of religious politics. Unlike some countries in Europe, we have not had clerical and anti-clerical parties. True, particular religious groups have gravitated toward one or another political party. In New England, for example, Irish Catholics were historically Democrats and mainline Protestants Republicans, a conflict memorialized in films like John Ford’s The Last Hurrah.

But we have never had secular and religious parties as such. Both parties saw religion, in general, as a good thing, and religious liberty as a fundamental American value. Tocqueville noticed this and found it refreshing. “In the United States,” he observed, “if a politician attacks a sect, this may not prevent the partisans of that very sect from supporting him; but if he attacks all the sects together, everyone abandons him, and he remains alone.”

Perhaps the political consensus on the value of religion is breaking down. More and more, one of our two major political parties is identifying itself as secular, and the other as religious. That’s not to say that all Democrats are secularists and all Republicans religious believers—of course not. Just ask the folks at Secular Right. And people could value religious freedom but believe other interests outweigh it in particular cases. Still, there seems a clear trend: religious freedom is becoming a partisan issue. That’s a very bad thing for America. You might even say it’s un-American. Let’s hope the trend doesn’t continue.

Slight, “The British Empire and the Hajj”

In September, the Harvard University Press will release “The British Empire and the Hajj,” by John Slight (St. John’s College, University of Cambridge). The publisher’s description follows:

The British Empire at its height governed more than half the world’s Muslims. It was a political imperative for the Empire to present itself to Muslims as a friend and protector, to take seriously what one scholar called its role as “the greatest Mohamedan power in the world.” Few tasks were more important than engagement with the pilgrimage to Mecca.

Every year, tens of thousands of Muslims set out for Mecca from imperial territories throughout Africa, the Middle East, and Asia, from the Atlantic Ocean to the South China Sea. Men and women representing all economic classes and scores of ethnic and linguistic groups made extraordinary journeys across waterways, deserts, and savannahs, creating huge challenges for officials charged with the administration of these pilgrims. They had to balance the religious obligation to travel against the desire to control the pilgrims’ movements, and they became responsible for the care of those who ran out of money. John Slight traces the Empire’s complex interactions with the Hajj from the 1860s, when an outbreak of cholera led Britain to engage reluctantly in medical regulation of pilgrims, to the Suez Crisis of 1956. The story draws on a varied cast of characters—Richard Burton, Thomas Cook, the Begums of Bhopal, Lawrence of Arabia, and frontline imperial officials, many of them Muslim—and gives voice throughout to the pilgrims themselves.

The British Empire and the Hajj is a crucial resource for understanding how this episode in imperial history was experienced by rulers and ruled alike.

Terpstra, “Religious Refugees in the Early Modern World”

In August, the Cambridge University Press releases “Religious Refugees in the Early Modern World: An Alternative History of the Reformation,” by Nicholas Terpstra (University of Toronto). The publisher’s description follows: 

The religious refugee first emerged as a mass phenomenon in the late fifteenth century. Over the following two and a half centuries, millions  of Jews, Muslims, and Christians were forced from their homes and into temporary or permanent exile. Their migrations across Europe and around the globe shaped the early modern world and profoundly affected literature, art, and culture. Economic and political factors drove many expulsions, but religion was the factor most commonly used to justify them. This was also the period of religious revival known as the Reformation. This book explores how reformers’ ambitions to purify individuals and society fueled movements to purge ideas, objects, and people considered religiously alien or spiritually contagious. * Aims to explain religious ideas and movements of the Reformation in non-technical and comparative language. * Moves Jews and Muslims to the centre of the traditional Reformation narrative, and considers how the exile experience shaped early modern culture, art, politics, and cities. * Traces the historical patterns that still account for the growing numbers of modern religious refugees.

Kornberg, “The Pope’s Dilemma: Pius XII Faces Atrocities and Genocide in the Second World War”

In May, the University of Toronto Press released “The Pope’s Dilemma: Pius XII Faces Atrocities and Genocide in the Second World War” by Jacques Kornberg (University of Toronto). The publisher’s description follows:

Pope Pius XII presided over the Catholic Church during one of the most challenging moments in its history. Elected in early 1939, Pius XII spoke out against war and destruction, but his refusal to condemn Nazi Germany and its allies for mass atrocities and genocide remains controversial almost seventy years after the end of the Second World War.

Scholars have blamed Pius’s inaction on anti-communism, antisemitism, a special emotional bond with Germany, or a preference for fascist authoritarianism. Delving deep into Catholic theology and ecclesiology, Jacques Kornberg argues instead that what drove Pius XII was the belief that his highest priority must be to preserve the authority of the Church and the access to salvation that it provided.

In The Pope’s Dilemma, Kornberg uses the examples of Pius XII’s immediate predecessors Benedict XV and the Armenian genocide and Pius XI and Fascist Italy, as well as case studies of Pius XII’s wartime policies towards five Catholic countries (Croatia, France, Hungary, Poland, and Slovakia), to demonstrate the consistency with which Pius XII and the Vatican avoided confronting the perpetrators of atrocities and strove to keep Catholics within the Church. By this measure, Pius XII did not betray, but fulfilled his papal role.

A meticulous and careful analysis of the career of the twentieth century’s most controversial pope, The Pope’s Dilemma is an important contribution to the ongoing debate about the Catholic Church’s wartime legacy.

Lenz-Raymann, “Securitization of Islam: A Vicious Circle Counter-Terrorism and Freedom of Religion in Central Asia”

In May, Columbia University Press released “Securitization of Islam: A Vicious Circle. Counter-Terrorism and Freedom of Religion in Central Asia” by Kathrin Lenz-Raymann (political consultant, Zurich, Switzerland). The publisher’s description follows:

Diverse Islamic groups have triggered a revival of Islam in Central Asia in the last decades. As a result, there has been a general securitization of Islam by the governments: not only do they combat the terrorist Islamic Movement of Uzbekistan but also outlaw popular groups such as the Gülen movement. However, strong repression of religion might lead to radicalization. Kathrin Lenz-Raymann tests this hypothesis with an agent-based computer simulation and enriches her study with interviews with international experts, leaders of political Islam and representatives of folk Islam. She concludes that ensuring religious rights is essential for national security.