France: Guerres de Noel

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A Municipal  Christmas Creche in Nantes (Guardian)

 

At the First Things site, I have an essay (“Crèche Clash“) on the continuing Christmas Wars in France. The Conseil d’Etat, France’s highest administrative court, recently ruled on the legality of the Nativity scenes that many French municipalities display every December. Although it didn’t cite any American cases, the French court relied on the same test American courts have developed to determine the constitutionality of Christmas displays in this country, the so-called endorsement test:

The Conseil begins by stating that laïcité forbids “any display by public authorities of signs and symbols showing a public recognition or a preference for a given religion.” A Christmas crèche poses a difficult case. Although a crèche can convey a religious message, it also has a non-religious meaning as a familiar seasonal decoration. One message is forbidden for the state, the other acceptable. Display of a crèche by a public authority is therefore legal, the Conseil declares, “only” where the crèche “has a cultural, artistic or festive purpose, but not if it expresses” recognition of or preference for a religion. To determine the meaning of a display, one must consider the particular circumstances, “including the existence or the absence of local traditions and the location of the display.”

Readers familiar with the American case law will recognize this as a version of the “endorsement test” our own courts use to evaluate the constitutionality of public nativity scenes. Under the test, first proposed by Supreme Court Justice Sandra O’Connor in a 1984 case from Pawtucket, Rhode Island, a display violates the Establishment Clause if it amounts to an official endorsement of religion, that is, if it suggests that the government approves a particular religious message (or disapproves such a message, though that issue does not regularly arise). Official endorsements make non-adherents feel like second-class citizens, the reasoning goes—like less than full participants in the political community. As a consequence, such endorsements violate the Constitution.

In the essay, I argue that the French version of the endorsement test turns out to be just as confusing as the American, with many of the same deficiencies–including its tendency to outlaw traditional features of public life. You can read the essay here.

Leithart, “The End of Protestantism”

America, Chesterton said, is a nation with the soul of a church. And that church is a Protestant one. The Protestant conception of the church–or, perhaps, one particular Protestant conception–has profoundly influenced the institutional expression of Christianity, and indeed all religions, in this country. When most Americans think of “church,” they imagine a voluntary, self-supported collection of like-minded believers–a congregation. If the congregation goes astray in its doctrine and practice, the remedy is to form a new congregation.

In a provocative new book from Brazos Press, The End of Protestantism: Pursuing Unity in a Fragmented Church, theologian and essayist Peter Leithart argues that the fissiparous character of Protestantism, which Americans take for granted, is both unhistorical and inconsistent with Christianity. He argues for another approach that he says is more consistent with the central truths of the Reformation.

The publisher’s description follows:

9781587433771One of the unforeseen results of the Reformation was the shattering fragmentation of the church. Protestant tribalism was and continues to be a major hindrance to any solution to Christian division and its cultural effects. In this book, influential thinker Peter Leithart critiques American denominationalism in the context of global and historic Christianity, calls for an end to Protestant tribalism, and presents a vision for the future church that transcends post-Reformation divisions.

Leithart offers pastors and churches a practical agenda, backed by theological arguments, for pursuing local unity now. Unity in the church will not be a matter of drawing all churches into a single, existing denomination, says Leithart. Returning to Catholicism or Orthodoxy is not the solution. But it is possible to move toward church unity without giving up our convictions about truth. This critique and defense of Protestantism urges readers to preserve and celebrate the central truths recovered in the Reformation while working to heal the wounds of the body of Christ.

Jacoby, “Strange Gods”

Conversion is perhaps the most controversial subject in international religious freedom. Although the idea that people should be able freely to convert from one religion to another is widely accepted in the West, even among religious believers, it is not widely accepted elsewhere, especially in Muslim-majority countries, where conversion from Islam is often still illegal. In fact, although human rights advocates insist that the right to convert is part of international law, the status of the right is somewhat ambiguous.

In February, Penguin Random House will release a new history of conversion, Strange Gods: A Secular History of Conversion, by writer Susan Jacoby. Looks interesting, though grouping George W. Bush and Muhammad Ali together in the same category seems a little odd. Jacoby argues, among other things, that the idea of individual religious choice is a product of the secular Enlightenment–which may explain why the non-Western world is still deeply suspicious.

Here’s the publisher’s description:

9780375423758In a groundbreaking historical work that addresses religious conversion in the West from an uncompromisingly secular perspective, Susan Jacoby challenges the conventional narrative of conversion as a purely spiritual journey. From the transformation on the road to Damascus of the Jew Saul into the Christian evangelist Paul to a twenty-first-century “religious marketplace” in which half of Americans have changed faiths at least once, nothing has been more important in the struggle for reason than the right to believe in the God of one’s choice or to reject belief in God altogether.

Focusing on the long, tense convergence of Judaism, Christianity, and Islam—each claiming possession of absolute truth—Jacoby examines conversions within a social and economic framework that includes theocratic coercion (unto torture and death) and the more friendly persuasion of political advantage, economic opportunism, and interreligious marriage. Moving through time, continents, and cultures—the triumph of Christianity over paganism in late antiquity, the Spanish Inquisition, John Calvin’s dour theocracy, Southern plantations where African slaves had to accept their masters’ religion—the narrative is punctuated by portraits of individual converts embodying the sacred and profane. The cast includes Augustine of Hippo; John Donne; the German Jew Edith Stein, whose conversion to Catholicism did not save her from Auschwitz; boxing champion Muhammad Ali; and former President George W. Bush. The story also encompasses conversions to rigid secular ideologies, notably Stalinist Communism, with their own truth claims.

Finally, Jacoby offers a powerful case for religious choice as a product of the secular Enlightenment. In a forthright and unsettling conclusion linking the present with the most violent parts of the West’s religious past, she reminds us that in the absence of Enlightenment values, radical Islamists are persecuting Christians, many other Muslims, and atheists in ways that recall the worst of the Middle Ages.