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	<title>MandM &#187; Stephen Carter</title>
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		<title>A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part I Matthew Flannagan &#8211; Theology</title>
		<link>http://www.mandm.org.nz/2011/08/a-godless-public-square-do-%e2%80%98private%e2%80%99-christian-beliefs-have-a-place-in-public-life-part-i-matthew-flannagan-theology.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=a-godless-public-square-do-%25e2%2580%2598private%25e2%2580%2599-christian-beliefs-have-a-place-in-public-life-part-i-matthew-flannagan-theology</link>
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		<pubDate>Mon, 22 Aug 2011 07:09:51 +0000</pubDate>
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				<category><![CDATA[Philosophers]]></category>
		<category><![CDATA[Religion in Public Life]]></category>
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		<category><![CDATA[Christopher Eberle]]></category>
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		<category><![CDATA[Robert Adams]]></category>
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		<description><![CDATA[A few weeks ago, as part of Jesus Week at the University of Auckland, Thinking Matters and Evangelical Union hosted an event entitled A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? This event was a conversation between Theology, Philosophy and Law and featured Matthew Flannagan - Analytic Theologian, Glenn Peoples - Philosopher and Madeleine Flannagan - Legal [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><em><a href="http://www.mandm.org.nz/2011/07/a-godless-public-square-do-private-christian-beliefs-have-a-place-in-public-life-auckland-uni.html/godlessbanner" rel="attachment wp-att-9471"><img class="alignright size-medium wp-image-9471" style="margin-left: 7px; margin-right: 0px; margin-top: 6px; margin-bottom: 0px;" title="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? " src="http://www.mandm.org.nz/wp-content/uploads/2011/07/GodlessBanner-300x165.jpg" alt="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? " width="300" height="165" /></a>A few weeks ago, as part of <a title="Jesus Week Events" href="http://www.jesusweek.co.nz/" target="_blank">Jesus Week</a> at the University of Auckland, <a title="Thinking Matters" href="http://thinkingmatters.org.nz/" target="_blank">Thinking Matters</a> and <a title="Evangelical Union" href="http://www.tscf.org.nz/your_campus/auckland_university_evangelical_union" target="_blank">Evangelical Union</a> hosted an event entitled <a title="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life?" href="http://www.mandm.org.nz/2011/07/a-godless-public-square-do-private-christian-beliefs-have-a-place-in-public-life-auckland-uni.html">A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life</a>? This event was a conversation between Theology, Philosophy and Law and featured <a title="Matthew Flannagan" href="http://www.mandm.org.nz/2008/03/abortion-and-brain-death-a-response-to-farrar.html?out/matthew-flannagan" target="_blank">Matthew Flannagan</a> - Analytic Theologian, <a href="http://www.beretta-online.com/CV.html" rel="nofollow" target="_blank">Glenn Peoples</a> - Philosopher and <a title="Madeleine Flannagan" href="http://www.mandm.org.nz/2008/03/abortion-and-brain-death-a-response-to-farrar.html?out/madeleine-flannagan/" target="_blank">Madeleine Flannagan</a> - Legal Scholar. The video is still being edited and will be available soon but for now, this 3-part series comprises the written speeches of each speaker.</em></p>
<p style="text-align: center;"><span style="font-size: medium;"><strong><span style="font-variant: small-caps;">Matthew Flannagan &#8211; Analytic Theology</span></strong></span></p>
<p style="text-align: justify;">Recently, many Christian ethicists have defended the central place of God’s commands in Theological ethics. In this talk I want to discuss one important objection to appeals to God’s commands; this is the claim that, while it is perfectly appropriate for believers to appeal to purported divine commands when regulating their private conduct or the conduct of voluntary religious communities who believe in such commands, it is morally wrong to appeal to theological beliefs of this sort in any discussion of social ethics. When doing Ethics as a public enterprise i.e. engaging in debates over social policy or offering criticism of cultural and social practices, Christian Ethicists are morally bound to only appeal to secular considerations. I will argue that this position, though widely accepted inside and outside of the church, is mistaken.</p>
<p style="text-align: justify;" align="center"><strong>The Objection<br />
</strong>So what is the problem with appealing to divine commands in social ethics? Christian theological convictions ought to impact the whole of life both in the private and public spheres; this is what is meant by the idea of an &#8220;undivided life&#8221;, where Jesus is Lord of all aspects of our lives.</p>
<p style="text-align: justify;">Yet this consequence of Christian faith conflicts with a pervasive contemporary attitude: the view that that religion is fundamentally a private matter. It is accepted that a Christian is free to utilise theological convictions when they make decisions about their own life but in a pluralistic society it is increasingly deemed inappropriate to bring such convictions into public discussions about morality, law, politics, economics, education, scholarship and so on. The desire to influence society with Christian ideals or to convert others to the faith is viewed by many as an intolerant desire to impose one&#8217;s private views onto others.</p>
<p style="text-align: justify;">It is widely accepted that theological convictions can govern churches and the private lives of believers yet we are told that the public square &#8211; government, public policy, the courts, the academy, education, business, arts, media, etc &#8211; should be secular only.The problem is nicely summarised by Stephen Carter Christian theological convictions ought to impact the whole of life both in the private and public spheres; this is what is meant by the idea of an &#8220;undivided life&#8221;, where Jesus is Lord of all aspects of our lives.</p>
<p style="text-align: justify;">Yet this consequence of Christian faith conflicts with a pervasive contemporary attitude: the view that that religion is fundamentally a private matter. It is accepted that a Christian is free to utilise theological convictions when they make decisions about their own life but in a pluralistic society it is increasingly deemed inappropriate to bring such convictions into public discussions about morality, law, politics, economics, education, scholarship and so on. The desire to influence society with Christian ideals or to convert others to the faith is viewed by many as an intolerant desire to impose one&#8217;s private views onto others.</p>
<p style="text-align: justify;">It is widely accepted that theological convictions can govern churches and the private lives of believers yet we are told that the public square &#8211; government, public policy, the courts, the academy, education, business, arts, media, etc &#8211; should be secular only.</p>
<p style="text-align: justify;">This event looks at this issue. The conversation will span Theology, Philosophy and Law led by a panel made up of Christian representatives from each discipline along with you the audience:</p>
<blockquote>
<p style="text-align: justify;">“One good way to end a conversation – or start an argument – is to tell a group of well educated professionals that you hold a political position (preferably a controversial one such as being against abortion or pornography) because it is required by your understanding of God’s will. In the unlikely event that anyone hangs around to talk with you about it, chances are that you will be challenged on the ground that you are intent on imposing your religious beliefs on other people. And in contemporary political and legal culture, nothing is worse.”[1]</p>
</blockquote>
<p style="text-align: justify;">Carter cites the objection that appealing to God’s commands in public moral debate involves imposing one’s religious beliefs onto other people, and points out that such impositions are morally wrong. Note that the objection is not that such divine commands do not exist or that it is irrational to believe that they do. The objection is a specifically moral one. It is morally wrong to appeal to such beliefs; doing so violates a moral obligation people have to not impose their religious beliefs onto others. Something like this moral objection is widely held, both inside and outside the church. In response to this I will make four points.<span id="more-9706"></span></p>
<p style="text-align: center;" align="center"><strong>I</strong></p>
<p style="text-align: justify;">First, unqualified, the claim it is wrong to impose your moral beliefs onto others is problematic. Consider acts such as rape, assault or infanticide. I personally believe each of these practices is wrong for me to engage in and I support the commission of these acts being considered a crime punishable by the state. However, if it were wrong to impose moral beliefs onto others then my position on rape, assault or infanticide would be unacceptable. I would have to leave others free to choose whether they wished to rape, assault or kill children – to do otherwise would be to impose my moral beliefs onto others.<strong></strong></p>
<p style="text-align: center;" align="center"><strong>II</strong></p>
<p style="text-align: justify;">So there cannot be an unqualified obligation to not impose one’s beliefs onto other people. This brings me to my second point. Carter’s example is not unqualified. It explicitly mentions <em>religious </em>beliefs about what God wills. Carter alludes to what Richard Rorty dubbed as:</p>
<blockquote>
<p style="text-align: justify;">“The happy, Jeffersonian compromise that the Enlightenment reached with the religious. This compromise consists in privatizing religion — keeping it out of … ‘the public square,’ making it seem bad taste to bring religion into discussions of public policy.”[2]</p>
</blockquote>
<p style="text-align: justify;">A particularly rigorous elaboration of this stance comes from Robert Audi. Audi argues that one should not advocate any “[policy] restrictions on human conduct unless one has, and is willing to offer an adequate secular reason for this advocacy or support”.[3]  By ‘secular reason’ he meant a reason that “does not depend on the existence of God (such as through a divine command) or on theological considerations (such as a sacred text)”.[4] So qualified, the objection is that religious believers have a moral obligation to not advocate policies or positions that restrict others on the basis of beliefs about God’s commands. In discussions in public they are to appeal to secular premises that do not invoke God, scripture or specific theological authorities.</p>
<p style="text-align: center;" align="center"><strong>III</strong></p>
<p style="text-align: justify;">This brings me to my third point; why single <em>religious </em>out<em> </em>beliefs in this way? If there is no general obligation to refrain from imposing one’s beliefs onto others then why are religious beliefs different in this respect? By limiting the moral restriction to religious beliefs and allowing non-theological secular beliefs to play a role in public discourse that religious beliefs do not, Audi’s position shows that “There is an important asymmetry between religious and secular reasons in the following respect: some secular reasons can themselves justify state coercion but no religious reason can.”[5] Audi’s position appears to privilege secular ideologies and doctrines in public debate whilst relegating religious or theological perspectives to the private sphere. But why are theological beliefs singled out in this way? Three lines of argument seem to be common.<strong></strong></p>
<p style="text-align: justify;"><strong><em>1. Wars and Conflict</em></strong><strong><em></em></strong></p>
<p style="text-align: justify;">The first is an appeal to religious wars and violence. It is contended that the only way to keep social peace and prevent the kind of violence that Europe witnessed in the 17<sup>th</sup> century is to adopt a moral rule requiring that all political discussions take place on secular terms and that religious reasons be bracketed from such discussions.</p>
<p style="text-align: justify;">However, this assumes that appeals to theological moral beliefs cause wars and appeals to secular reasons protect us against such wars. This is dubious. Christopher Eberle and Terence Cuneo note that the religious wars of the 17<sup>th</sup> century were caused not by the appeal to religious reasons <em>per sé </em>but rather by the violation of religious freedom. Moreover, even in the 17<sup>th</sup> century, religious persecution was typically justified on <em>secular</em><em> </em>grounds. In addition, they note that some of the most important defences of religious persecution and defences of religious tolerance, such as those proposed by John Locke and Pierre Bayle, appealed to explicitly theological grounds.[6]</p>
<p style="text-align: justify;">Nicholas Wolterstorff makes a similar point, he notes that much of “the slaughter, torture, and generalised brutality of our century has mainly been conducted in the name of one or another secular cause–nationalism of many sorts, communism, fascism, patriotisms of various kinds, economic hegemony.”[7] He also stated that “many of the social movements in the modern world that have moved societies in the direction of liberal democracy have been deeply and explicitly religious in their orientation.”[8] He cites examples such as the abolitionist and civil rights movements and various other resistance movements as examples.</p>
<p style="text-align: justify;">The point is that secular and theological reasons are on par in this respect. Particular types of religious reasons in particular political contexts can lead to wars and abuse, whereas appealing to other types of religious reasons in other contexts can be beneficent. Similarly, certain types of secular reasons can be dangerous in particular contexts and other types of secular reasons are not. To single religious reasons out as being ‘too dangerous to be aired in public’ and insisting on a default to secular reasons seems ad hoc and unjustified.</p>
<p style="text-align: justify;"><em>2. Division</em></p>
<p style="text-align: justify;">Similar things can be said about the objection that appeal to theological premises will be divisive. Robert Adam’s notes  “nothing in the history of modern secular moral theory gives us reason to expect that general agreement on a single comprehensive moral theory will ever be achieved or that, if achieved, it would long endure in a climate of free inquiry. His conclusion is that “the development and advocacy of a religious ethical theory, therefore, does not destroy a realistic possibility of agreement that would otherwise exist”.[9]</p>
<p style="text-align: justify;"><strong><em>3. Pluralism</em></strong></p>
<p style="text-align: justify;">The main reason offered for excluding theological premises from public debate is that not everyone accepts the truth of such premises. Any policy decisions based on a purported divine law would be binding upon these people in spite of the fact they do not accept theological doctrines or that they do not accept these theological doctrines.</p>
<p style="text-align: justify;">Michael Tooley states, “For it is surely true that it is inappropriate, at least in a pluralistic society, to appeal to specific theological beliefs … in support of legislation <em>that will be binding upon everyone.”</em>[10]<em> </em><em>Audi argues, </em>“as advocates for laws and public policies, then, and especially for those that are coercive, virtuous citizens will seek grounds of a kind that <em>any rational adult citizen can endorse</em> as sufficient for the purpose.”[11] [<em>Emphasis added</em>]</p>
<p style="text-align: justify;">One obvious problem with this line of argument is that exactly the same thing can be said about many secular, non-theological, beliefs. Phillip Quinn articulates this point,</p>
<blockquote>
<p style="text-align: justify;">“…If the fact that religious reasons cannot be shared by all in a religiously pluralistic society suffices to warrant any exclusion of religious reasons for advocating or supporting restrictive laws or policies, then much else ought in fairness also to be excluded on the same grounds.”[12]</p>
</blockquote>
<p style="text-align: justify;">Quinn notes correctly that secular moral theories such as Utilitarianism or Kantianism, Intuitionism, Socialism, Libertarianism, can all be reasonably rejected in a philosophically-pluralistic society.</p>
<blockquote>
<p style="text-align: justify;">“Indeed, it would seem that the appeal to any comprehensive ethical theory, including all known secular ethical theories, should be disallowed on the grounds that every such theory can be reasonably rejected by some citizens in a pluralistic democracy. And if justification of restrictive laws or policies can be conducted only in terms of moral considerations no citizen of a pluralistic democracy can reasonably reject, then in a pluralistic democracy such as ours very few restrictive laws or policies would be morally justified, a conclusion that would, I suspect, be welcome only to anarchists.”[13]</p>
</blockquote>
<p style="text-align: justify;">If we are to exclude appeals to theological beliefs because not all reasonable people accept such beliefs then we should be consistent and exclude from public discussion appeals to all secular moral, political, philosophical, beliefs about which reasonable people do not agree. This would gut public discussion of <em>any</em> substantive content.</p>
<p style="text-align: center;" align="center"><strong>IV</strong><strong></strong></p>
<p style="text-align: justify;">My final point is that suppose a religious person does, as Carter mentions, take a “controversial political position &#8230; because it is required by their understanding of God’s will”? The objection Carter mentions is a specifically moral one, the objection is not that such divine commands do not exist, or that it is irrational to believe that they do.</p>
<p style="text-align: justify;">On the face of it, this seems very odd. The objection entails that a person can be morally obligated to act contrary to what he rationally and correctly believes God’s will requires of him. A person who believes that a rational, all knowing, perfectly just and loving person requires a certain action of him is morally obligated to not take that action in public.<strong></strong></p>
<p style="text-align: justify;">Normally when one assesses a moral question one should take into account all the relevant information &#8211; not just some of it. If it is true that God has issued certain commands, and this is relevant to the question, then it would be <em>prima facie</em> irrational to not take these factors into account.</p>
<p style="text-align: justify;">The Christian believes her theological beliefs are true, and the objector does not contest this. Further the objection is not that her belief in such commands is irrational or subject to philosophical difficulties. The objector contends that, even if the Christian’s beliefs are true, and rationally believed, she is morally obligated to ignore them in such discussions.</p>
<p style="text-align: justify;">This entails that when doing social ethics believers are morally required to act in accord with beliefs they rationally believe to be false. The objector appears to suggest that, in a pluralistic society, believers can hold certain beliefs as true in <em>private</em> but in <em>public</em> they must deny these beliefs; even though these beliefs may be both true and rationally held. This would seem to force believers to live a divided life where their intellectual and religious commitments are incoherently compromised. I contend that there is no good reason for thinking believers are under any moral obligation to do this.</p>
<p style="text-align: justify;">If God truly is sovereign then his commands govern the whole of life, both private and public; believers should strive to live an undivided life of loyalty to him. The fact that other people do not share this commitment does not entail that it is wrong for them to follow it.</p>
<p style="text-align: justify;"><em><a title="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part II Glenn Peoples – Philosophy" href="http://www.mandm.org.nz/2011/08/a-godless-public-square-do-%e2%80%98private%e2%80%99-christian-beliefs-have-a-place-in-public-life-part-ii-glenn-peoples-philosophy.html">Part II of A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life?</a> features Glenn Peoples&#8217; talk from the perspective of Philosophy</em>.</p>
<div>
<hr align="left" size="1" width="33%" />
<div>
<p style="text-align: justify;"><span style="font-size: x-small;">[1] Stephen Carter <em>The Culture of Disbelief: How American Law and Politics Trivialise Religious Devotion</em> (Basic Books, New York, 1993) 23-24.</span><br />
<span style="font-size: x-small;">[2] Richard Rorty “Religion as a Conversation-Stopper” (1994) 3:1 Common Knowledge 1, 2.</span><br />
<span style="font-size: x-small;">[3] Robert Audi “The Separation of Church and State and the Obligations of Citizenship” Philosophy and Public Affairs 18 (1989) 279.</span><br />
<span style="font-size: x-small;">[4] Ibid, 278.</span><br />
<span style="font-size: x-small;">[5] Christopher J Eberle and Terence Cuneo “Religion and Political Theory” (2008) <a href="http://plato.stanford.edu/entries/religion-politics/"><em>Stanford Encyclopedia of Philosophy</em></a> (at 9 August 2009).</span><br />
<span style="font-size: x-small;">[6] Ibid.</span><br />
<span style="font-size: x-small;">[7] Nicholas Wolterstorff “The Role of Religion in Decision and Discussion of Political Issues” in Nicholas Wolterstorff &amp; Robert Audi (eds) <em>Religion in the Public Square: The Place of Religious Convictions in Political Debate</em> (Rowman and Littlefield Publishers Inc, Lanham Md, 1997) 80.</span><br />
<span style="font-size: x-small;">[8] Ibid.</span><br />
<span style="font-size: x-small;">[9] Robert Adams “Religious Ethics in a Pluralistic Society” in Gene H Outka, John P Reeder (eds) <em>Prospects for a Common Morality</em> (Princeton University Press, 1993) 91.</span><br />
<span style="font-size: x-small;">[10] Michael Tooley “A Defense of Abortion and Infanticide” in Francis J Beckwith and Louis Pojman (eds) <em>The Abortion Controversy: 25 Years after Roe v Wader: A</em> <em>Reader</em> (Belmont, CA: Wadsworth Publishing Company, 1998) 220.</span><br />
<span style="font-size: x-small;">[11] Robert Audi “Liberal Democracy and the Place of Religion in Politics” in Nicholas Wolterstorff &amp; Robert Audi (eds) <em>Religion in the Public Square: The Place of Religious Convictions in Political Debate </em>(Rowman and Littlefield Publishers Inc, Lanham Md, 1997) 17. </span><br />
<span style="font-size: x-small;">[12] Phillip Quinn “Political Liberalisms and Their Exclusions of the Religious” (1995) 69:2 Proceedings and Addresses of the American Philosophical Association 39-40.</span><br />
<span style="font-size: x-small;">[13] Phillip Quinn “Political Liberalism and their Exclusion of the Religious” in Paul Weithman (ed) <em>Religion and Contemporary Liberalism</em> (Notre Dame, IN: University of Notre Dame Press, 1997) 144.</span></p>
<p><strong>RELATED POSTS:</strong><br />
<a title="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part II Glenn Peoples – Philosophy" href="http://www.mandm.org.nz/2011/08/a-godless-public-square-do-%e2%80%98private%e2%80%99-christian-beliefs-have-a-place-in-public-life-part-ii-glenn-peoples-philosophy.html">A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part II Glenn Peoples &#8211; Philosophy<br />
</a><a title="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part III Madeleine Flannagan – Law" href="http://www.mandm.org.nz/2011/08/a-godless-public-square-do-%e2%80%98private%e2%80%99-christian-beliefs-have-a-place-in-public-life-part-iii-madeleine-flannagan-law.html" target="_blank">A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part III Madeleine Flannagan - Law</a><a title="A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part II Glenn Peoples – Philosophy" href="http://www.mandm.org.nz/2011/08/a-godless-public-square-do-%e2%80%98private%e2%80%99-christian-beliefs-have-a-place-in-public-life-part-ii-glenn-peoples-philosophy.html"><br />
</a></p>
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		<item>
		<title>The Separation of Church and Self: Rethinking Separationism</title>
		<link>http://www.mandm.org.nz/2010/12/the-separation-of-church-and-self-rethinking-separationism.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-separation-of-church-and-self-rethinking-separationism</link>
		<comments>http://www.mandm.org.nz/2010/12/the-separation-of-church-and-self-rethinking-separationism.html#comments</comments>
		<pubDate>Thu, 16 Dec 2010 08:15:46 +0000</pubDate>
		<dc:creator>Madeleine</dc:creator>
				<category><![CDATA[Cases]]></category>
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		<guid isPermaLink="false">http://www.mandm.org.nz/?p=4706</guid>
		<description><![CDATA[Is it just for a pluralistic society to ground its public policy on religious premises? What role should religion play in such a society? Debate over questions like these has figured in theology, philosophy, political science, jurisprudence and popular culture for centuries. In contemporary Western pluralistic society the debate continues. Even for those unfamiliar with [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Is it just for a pluralistic society to ground its public policy on religious premises? What role should religion play in such a society? Debate over questions like these has figured in theology, philosophy, political science, jurisprudence and popular culture for centuries. In contemporary Western pluralistic society the debate continues. Even for those unfamiliar with its nuances at the higher levels the effect of the standard view, as described by Stephen Carter, is immediately familiar:</p>
<blockquote style="text-align: justify;"><p style="text-align: justify;">“One good way to end a conversation – or start an argument – is to tell a group of well educated professionals that you hold a political position (preferably a controversial one such as being against abortion or pornography) because it is required by your understanding of God’s will. In the unlikely event that anyone hangs around to talk with you about it, chances are that you will be challenged on the ground that you are intent on imposing your religious beliefs on other people. And in contemporary political and legal culture, nothing is worse.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn1">[1]</a></p>
</blockquote>
<p style="text-align: justify;"><img class="alignright size-full wp-image-4730" style="margin-left: 7px; margin-right: 0px; margin-top: 3px; margin-bottom: 0px;" title="James Madison" src="http://www.mandm.org.nz/wp-content/uploads/2010/12/Madison.jpg" alt="James Madison" width="135" height="168" /></p>
<p style="text-align: justify;">Carter is referring to the separationist understanding of religion and public life, the idea that in a contemporary pluralistic society significant restraint must be put on the political role of religious reasons. This restraint is negative; when a functionary deliberates over a proposed policy it is not justified for that functionary to decide to support or oppose that policy on grounds derived from religion. A corollary of this is that citizens should not try to influence public policy by appealing to religious reasons. Separationists argue that the public policy of a pluralistic society must be able to be justified by a plausible <em>secular</em> justification in order for it to be just to all. Religious beliefs, while utilised and followed in private, should be kept separate from public policy debates, the administration of public institutions and the deliberation of public functionaries.<span id="more-4706"></span></p>
<p style="text-align: justify;">Dominant advocates of this view include philosophers John Rawls, Robert Audi, Gerald Gaus and Jürgen Habermas. In “Religion as a Conversation-Stopper” Richard Rorty described separationism as:</p>
<blockquote style="text-align: justify;"><p style="text-align: justify;">“the happy, Jeffersonian compromise that the Enlightenment reached with the religious. This compromise consists in privatizing religion — keeping it out of … “the public square,” making it seem bad taste to bring religion into discussions of public policy.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn2">[2]</a></p>
</blockquote>
<p style="text-align: justify;">Advocates for religious restraint typically claim that it need not be codified. It is simply a moral requirement which applies to all citizens regardless of their role within society &#8212; some form of censure rather than legal stricture is what is suggested. This is what Rorty means when he refers to it being “bad taste” to bring religion into the public square. Notwithstanding the separationists stated intention, in my thesis I will argue that this call for religious restraint is not simply theoretical philosophy, which is present in society only by way of self-imposed moral restraint or the sort of peer-pressure Carter’s quote alluded to. I will argue that the norm of religious restraint is increasingly present in our public policy and jurisprudence.</p>
<p style="text-align: justify;">Rorty alluded to Jefferson’s famous “Wall of Separation Letter” where Jefferson set out his understanding as to how the First Amendment’s Establishment Clause should be interpreted. Tellingly, this suggests a link between the separationist philosophy and the way the religious freedom components of Bills of Rights are interpreted. These components address the very same questions I opened with; how should religion fit into a just pluralistic society? The purported answers are commonly given in slogans, “freedom of religion”, “free exercise”, “freedom to manifest one’s religion” and statements declaring the separation of church and state, opposing Establishment and so on. I say ‘slogans’ because such clauses are typically light on detail; fleshing out what they mean and how they are to apply at a practical levels, to specific cases falls to the commentators, the lawyers who propose particular interpretations in their submissions and ultimately the judiciary. The resulting body of jurisprudence reflects the perspectives of the dominant views in society.</p>
<p style="text-align: justify;">Consider the US Supreme Court&#8217;s three leading Establishment Clause precedents: Lemon, Endorsement and Coercion. The first of the three parts of the Lemon Test requires public policy to have a valid secular purpose, a non-religious rationale must be offered for all state actions. The Endorsement Test prohibits the state from &#8220;endorsing&#8221; religion over irreligion. The Coercion Test provides that the state must not coerce religious practice; not only must it not be required, but in <em>Lee v Weisman</em> the application was shifted to what Justice Scalia, in his dissent, termed a “test of psychological coercion”. The US Supreme Court essentially took the view that being one of few (or the only one) to opt out of a religious practice in a public setting was considered a form of state coercion by peer pressure. I will argue that in each of the dominant Establishment tests, a requirement for the state to place a restraint on religion or for religion to be kept from public life can be seen. This stricture affects public policy and is essentially separationism in codified form.</p>
<p style="text-align: justify;">Despite its current orthodoxy, separationism has its critics, particularly in philosophy and law. These critics collectively hold that although separationism claims to operate impartially, it, in fact, gives public hegemony to secular perspectives. Critics argue that the call for religious restraint is unjust for religious citizens as it requires conformity to secularism and thus privileges secularism over religion. Philip Quinn observes;</p>
<blockquote style="text-align: justify;"><p style="text-align: justify;">These principles impose burdens on religious people that [the separationist] nowhere suggests imposing on nonreligious people. … [The separationist] does not propose that nonreligious people must be sufficiently motivated by adequate religious reason for their advocacy or support of restrictive laws or policies. The lack of symmetry is striking.<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn3">[3]</a></p>
</blockquote>
<p style="text-align: justify;">Christopher Eberle, Terence Cuneo agree there is a clear asymmetry in the way religious beliefs are treated by the state compared with secular beliefs. They question why religious believers, who participate in public, are required to bracket beliefs they hold as both true, important and relevant to the issue; Stephen Carter labels this “[t]he separation of church and self.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn4">[4]</a> Nicholas Wolterstorff argues that separationism violates the equal freedom component of a pluralistic democratic society, “Using their religious convictions in making their decisions and conducting their debates on political issues is <em>part of what constitutes conducting their lives as they see fit</em>.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn5">[5]</a>[<em>Emphasis added</em>] Philip Devine point out that “Freedom of religion is not only the freedom to advocate religious (or irreligious) ideas; it is the freedom to form, sustain, participate in, and transmit, forms of community life”.<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn6">[6]</a> Yet separationists maintain that some form of religious restraint is not only in accord with the notion of liberal democracy but essential to it. As Rorty put it, “we shall not be able to keep a democratic political community going unless the religious believers remain willing to trade privatization for a guarantee of religious liberty.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn7">[7]</a></p>
<p style="text-align: justify;">The dominant tests seek to apply a reading of Jefferson’s “Wall of Separation Letter”; but in an article in First Things entitled “<a href="http://www.firstthings.com/print.php?type=article&amp;year=2007&amp;month=01&amp;title_link=establishing-free-exercise-1" target="_blank">Establishing Free Exercise</a>,” Vincent Phillip Muñoz argues that James Madison, the author of the First Amendment and a noted authority on the subject, did not intend this;</p>
<blockquote style="text-align: justify;"><p style="text-align: justify;">“When editing the religious freedom amendment to Virginia&#8217;s state Bill of Rights, Madison proposed the following:</p>
<p style="text-align: justify; padding-left: 30px;">‘That religion or the duty we owe to our Creator, and the manner of discharging it, being under the direction of reason and conviction only, not violence or compulsion, all men are equally entitled to the full and free exercise of it accord[in]g to the dictates of conscience; and therefore that <em>no man or class of men ought, on account of religion to be invested with peculiar emoluments or privileges, nor subjected to any penalties or disabilities</em>.’</p>
<p style="text-align: justify;">Madison interpreted &#8220;free exercise&#8221; to mean no privileges and no penalties on account of religion.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn8">[8]</a>[<em>Emphasis added</em>]</p>
</blockquote>
<p style="text-align: justify;">Munoz argues that Madison’s “no privileges, no penalties” test could unify “the no-establishment and free exercise provisions into a coherent whole that recognizes the legitimate concerns of both sides of the debate while, at the same time, respecting our nation&#8217;s founding heritage.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn9">[9]</a></p>
<blockquote style="text-align: justify;"><p style="text-align: justify;">&#8220;no privileges, no penalties&#8221; would not require forays into students&#8217; psychological feelings. Judges would not need to inquire if school children feel like &#8220;insiders&#8221; or &#8220;outsiders,&#8221; or if a child might perceive the state to be &#8220;endorsing&#8221; religion, which are necessarily subjective judgments. Courts would only need to ask if, on account of religion, religious citizens as such were granted a material benefit or if nonreligious citizens were subject to a penalty like a fine or imprisonment. For <em>Newdow</em>, the relevant question is: Was Michael Newdow&#8217;s daughter subject to some form of disciplinary action because she would not say the Pledge? Since she was not, the Pledge stands.”<a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftn10">[10]</a></p>
</blockquote>
<p style="text-align: justify;">The “no privileges, no penalties” test upholds freedom of religion and separation of church and state by essentially permitting religion to have a place in public life as long as those who engage in public religious conduct do not gain a privilege for doing so and those who do not wish to participate are both free to opt out and are not penalised for doing so. Interestingly, the New Zealand jurisdiction’s approach, within the limited cases to date &#8211; where as long as one can ‘opt out’ of a religious practice there is no coercion, has some affinity or parallel with a “no privileges, no penalties” approach. Munoz’s appropriation of Madison has the potential to be<em> a just way forward in both the debate within philosophy and in law. It </em>does not have the privatising effect on religion that the dominant tests do, neither does it have the asymmetry.</p>
<p style="text-align: justify;"><em>I have this week been accepted into the University of Auckland&#8217;s LLM program. In 2011 I will start my studies towards a Masters of Law by thesis-only. This blog post is part of the proposal I have submitted to write it on &#8211; it may change as my supervisors and I work things out but this is the gist of what is in my head. I&#8217;d love to hear your thoughts &#8211; it will help get me thinking on where I am going with this!</em></p>
<p style="text-align: justify;"><strong>RELATED POSTS:</strong><br />
 <a href="http://www.mandm.org.nz/2010/06/contra-mundum-secularism-and-public-life.html">Contra Mundum: Secularism and Public Life</a><br />
 <a title="Permanent Link to Religious Restraint and Public Policy: Part I" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html">Religious Restraint and Public Policy: Part I</a><a title="Permanent Link to Religious Restraint and Public Policy: Part I" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html"><br />
 </a><a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-ii.html">Religious Restraint and Public Policy: Part II</a><a title="Permanent Link to Religious Restraint and Public Policy: Part III" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iii.html"><br />
 </a><a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iii.html">Religious Restraint and Public Policy: Part III</a><a title="Permanent Link to Religious Restraint and Public Policy: Part IV" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iv.html"><br />
 </a><a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iv.html">Religious Restraint and Public Policy: Part IV</a><br />
 <a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-v.html">Religious Restraint and Public Policy: Part V</a><br />
 <a href="http://www.mandm.org.nz/2009/12/religious-restraint-and-public-policy-part-vi.html">Religious Restraint and Public Policy: Part VI</a></p>
<hr style="text-align: justify;" size="1" />
<p style="text-align: justify;"><span style="font-size: x-small;"><a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref1">[1]</a> Stephen Carter <em>The Culture of Disbelief: How American Law and Politics Trivialise Religious Devotion</em> (1993) 23-24.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref2">[2]</a> Richard Rorty “Religion as a Conversation-Stopper” (1994) 3:1 Common Knowledge 1, 2.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref3">[3]</a> Philip Quinn “Religion in the Public Square: The Place of Religious Convictions in Political Debate” (2000) 60:2 <cite>Philosophy and Phenomenological Research</cite> 487 (book review).<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref4">[4]</a> Carter, above n 1, 1.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref5">[5]</a> Nicholas Wolterstorff “The Role of Religion in Decision and Discussion of Political Issues” in Nicholas Wolterstorff &amp; Robert Audi (eds) <em>Religion in the Public Square: The Place of Religious Convictions in Political Debate</em> (1997) 77.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref6">[6]</a> Philip Devine <em><a href="http://philipdevine.wordpress.com/2009/11/22/we-chap-10/" target="_blank">We: A Study in Social and Political Philosophy</a></em>, Ch 10 accessed 10 December 2010.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref7">[7]</a> Rorty, above n 2, 3.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref8">[8]</a> Vincent Phillip Muñoz “<a href="http://www.firstthings.com/print.php?type=article&amp;year=2007&amp;month=01&amp;title_link=establishing-free-exercise-1" target="_blank">Establishing Free Exercise</a>” <em>First Things</em> (January 2004) 139-142, 141.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref9">[9]</a> Ibid 139.<br />
 <a href="file:///C:/Users/Madeleine/Documents/Law/Masters/LLM%20Research%20Proposal.docx#_ftnref10">[10]</a> Ibid 142.</span></p>
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		<title>Contra Mundum: Secularism and Public Life</title>
		<link>http://www.mandm.org.nz/2010/06/contra-mundum-secularism-and-public-life.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=contra-mundum-secularism-and-public-life</link>
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		<pubDate>Mon, 31 May 2010 22:23:25 +0000</pubDate>
		<dc:creator>Matt</dc:creator>
				<category><![CDATA[Contra Mundum]]></category>
		<category><![CDATA[Media]]></category>
		<category><![CDATA[Philosophers]]></category>
		<category><![CDATA[Religion in Public Life]]></category>
		<category><![CDATA[Rights and Freedoms]]></category>
		<category><![CDATA[Christopher Eberle]]></category>
		<category><![CDATA[Doctrine of Religious Restraint]]></category>
		<category><![CDATA[Investigate Magazine]]></category>
		<category><![CDATA[Michael Tooley]]></category>
		<category><![CDATA[Nicholas Wolterstorff]]></category>
		<category><![CDATA[Philip Quinn]]></category>
		<category><![CDATA[Richard Rorty]]></category>
		<category><![CDATA[Robert Audi]]></category>
		<category><![CDATA[Stephen Carter]]></category>
		<category><![CDATA[Terence Cuneo]]></category>

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		<description><![CDATA[Legal scholar Stephen Carter stated, One good way to end a conversation – or start an argument – is to tell a group of well educated professionals that you hold a political position (preferably a controversial one such as being against abortion or pornography) because it is required by your understanding of God’s will. In [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Legal scholar Stephen Carter stated,</p>
<blockquote><p style="text-align: justify;">One good way to end a conversation – or start an argument – is to tell a group of well educated professionals that you hold a political position (preferably a controversial one such as being against abortion or pornography) because it is required by your understanding of God’s will. In the unlikely event that anyone hangs around to talk with you about it, chances are that you will be challenged on the ground that you are intent on imposing your religious beliefs on other people. And in contemporary political and legal culture, nothing is worse.</p>
</blockquote>
<p style="text-align: justify;">Carter puts his finger on an important perspective which is pervasive in contemporary liberal societies. This is the view that citizens of liberal democracies may justly support the implementation of a law only if they reasonably believe themselves to have a plausible <strong><em>secular</em> </strong>justification for that law. Further, they must be willing to appeal to secular justifications alone in political discussion. The upshot of this perspective is that it is perceived to be unjust to support or advocate for laws for theological or religious reasons.</p>
<p style="text-align: justify;">I will refer to this position as secularism, the commitment to the position that the public square should be secular. The secularisation of political culture is, of course, an implication of accepting this position.  Richard Rorty described it as,</p>
<blockquote><p style="text-align: justify;">The happy, Jeffersonian compromise that the Enlightenment reached with the religious. This compromise consists in privatizing religion — keeping it out of … “the public square,” making it seem bad taste to bring religion into discussions of public policy.</p>
</blockquote>
<p style="text-align: justify;">My experience as a New Zealand citizen is that secularism is widely held and taken for granted in our culture by media, politicians and popular culture. I also think, perhaps predictably, that secularism of this sort is questionable.</p>
<p style="text-align: justify;">Let me begin by pointing out that several writers have observed that <em>prima facie</em> there is something unfair or discriminatory about secularism. Contemporary critics of secularism, Christopher Eberle and Terence Cuneo, note that it entails “There is an important asymmetry between religious and secular reasons in the following respect: some secular reasons can themselves justify state coercion but no religious reason can.”</p>
<p style="text-align: justify;">Another critic, Philip Quinn, observes that secularists impose “burdens on religious people” that they nowhere suggest “imposing on nonreligious people.” Secularists do “not propose that nonreligious people must be sufficiently motivated by adequate religious reason for their advocacy or support of restrictive laws or policies. The lack of symmetry is striking.”</p>
<p style="text-align: justify;">This raises an obvious question, why the asymmetry? On the face of it secularism appears to privilege secular ideologies and doctrines in public debate whilst relegating religious or theological perspectives to the private sphere.  What is the basis for this? Two reasons are typically offered and neither is terribly compelling.</p>
<p style="text-align: justify;">The first is that it is dangerous to allow theological or religious concerns into public debate. Defenders of secularism raise the specter of the wars of religion that tore Europe apart during the 17<sup>th</sup> century or they mention episodes such as the Inquisition and Crusades, which are said to be consequences of allowing religious reasons to influence public and political life. It is argued that the only way to keep social peace and prevent the kind of violence that Europe witnessed is to ensure religious reasons do not influence public life and that all political discussions take place on secular terms.</p>
<p style="text-align: justify;">This argument assumes that appeal to religious reasons is the cause of religious wars and appeals to secular reasons protect us against such wars. Writing in the Stanford Encyclopedia of Philosophy, Eberle and Cuneo note that the religious wars of the 17<sup>th</sup> century were caused not by the appeal to religious reasons <em>per se</em> but rather by the violation of religious freedom. Moreover, they note that even in the 17<sup>th</sup> century, religious persecution was typically justified on <em>secular </em>grounds. They go on to observe that religious freedom is not necessarily safeguarded by secularising public debate. They note that many “secularists have a long history of hostility to the right to religious freedom and, presumably, that hostility isn’t at all grounded in religious considerations” In addition, they note correctly that some of the most important defences of religious persecution and defences of religious tolerance, such as those proposed by John Locke and Pierre Bayle, appealed to explicitly theological grounds.</p>
<p style="text-align: justify;">Yale philosopher Nicholas Wolterstorff makes a similar point, he notes that much of “the slaughter, torture, and generalised brutality of our century has mainly been conducted in the name of one or another secular cause&#8211;nationalism of many sorts, communism, fascism, patriotisms of various kinds, economic hegemony.” He also stated that “many of the social movements in the modern world that have moved societies in the direction of liberal democracy have been deeply and explicitly religious in their orientation.” Wolterstorff cites examples such as the abolitionist, civil rights and various other resistance movements as examples.</p>
<p style="text-align: justify;">The assumption that secular reasoning is always tolerant and religious reasoning is always intolerant does not survive scrutiny. Particular types of religious reasons in particular political contexts can lead to wars and abuse, whereas appealing to other types of religious reasons in other contexts can be beneficent. The same is equally true of secular reasons. Certain types of secular reasons can be dangerous in particular contexts and other types of secular reasons are not. To single religious reasons out as being ‘too dangerous to be aired in public’ and insisting on a default to secular reasons seems ad hoc and unjustified.</p>
<p style="text-align: justify;">The fear of religious wars is not the only argument typically offered for the secular public square. The main reason offered for secularism is that religious reasons are not accessible to all people. Auckland Law Professor Paul Rishworth observes, “some have contended that the nature of religious belief is such that, while it may be integral to individual autonomy and development, it has no proper role in public policy debates and that these ought to be conducted exclusively in secular terms <em>that are equally accessible to all.</em>” [<em>Emphasis added</em>]</p>
<p style="text-align: justify;">Something like this is also evident in defences of secularism. Leading secular Philosopher Michael Tooley states, “For it is surely true that it is inappropriate, at least in a pluralistic society, to appeal to specific theological beliefs of a non moral sort… in support of legislation <em>that will be binding upon everyone.”</em> Robert Audi, one of the leading defenders of secularism, states “as advocates for laws and public policies, then, and especially for those that are coercive, virtuous citizens will seek grounds of a kind that <em>any rational adult citizen can endorse</em> as sufficient for the purpose.” [<em>Emphasis added</em>]  In essence, because not everyone in society accepts the existence of God or some theological perspective on life then it is unjust to base laws governing their conduct on theological or religious grounds.</p>
<p style="text-align: justify;">This argument is deeply flawed. If taken consistently it would require not just the exclusion of religious reasons but the exclusion of any reasons that were controversial and not accepted by all people. The problem is that many secular justifications and ideologies are also controversial in the same way. Quinn makes the point,</p>
<blockquote><p style="text-align: justify;">If the fact that religious reasons cannot be shared by all in a religiously pluralistic society suffices to warrant any exclusion of religious reasons for advocating or supporting restrictive laws or policies, then much else ought in fairness also to be excluded on the same grounds.</p>
</blockquote>
<p style="text-align: justify;">He goes on to note,</p>
<blockquote><p style="text-align: justify;">Indeed, it would seem that the appeal to any comprehensive ethical theory, including <em>all known secular ethical theories</em>, should be disallowed on the grounds that every such theory can be reasonably rejected by some citizens of a pluralistic democracy. And if justification of restrictive laws or policies can be conducted only in terms of moral considerations no citizen of a pluralistic democracy can reasonably reject, then in a pluralistic democracy such as ours very few restrictive laws or policies can be morally justified, a conclusion that would, I suspect, be welcomed only by anarchists. [<em>Emphasis added</em>]</p>
</blockquote>
<p style="text-align: justify;">I agree with Quinn. There is special pleading going on whereby theological beliefs are rejected on certain grounds, while secular ones are not, even though the same grounds and reasons, consistently applied, should lead to the rejection of secular beliefs.</p>
<p style="text-align: justify;">On examining secularism and the main arguments for it, it certainly is not evident that a just or fair society will have a secularised public square. To insist this is the case <em>prima facie </em>seems to favour secular views of the world for no adequate reason. Contrary to what some maintain, secular reasons, like religious reasons, can be used to justify atrocities and human rights abuses. Further, like religious reasons, secular reasons are frequently controversial and not shared by all intelligent people. Of course, secularists might consider religious views of the world to be false but then, of course, religious people consider secular views of the world to be false and given the diversity of secular moral theories on offer they cannot <em>all</em> be true (some are at odds with each other) so why single out religious views? The question remains as to why morality requires that public discussions privilege secular perspectives by requiring that all such discussions are engaged in on secular terms.  I suspect we will be waiting a long time for an answer.</p>
<p style="text-align: justify;"><span style="font-size: x-small;">[In this article I acknowledge being influenced by my wife Madeleine Flannagan’s supervised research paper “<a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html">Religious Restraint and Public Policy</a>” which she wrote under the supervision of Professor Rishworth, the Dean of the University of Auckland’s School  of Law.]</span></p>
<p><em>I write a monthly column for <a onclick="javascript:pageTracker._trackPageview('/outbound/article/www.investigatemagazine.com');" href="http://www.investigatemagazine.com/newshop/enter.html">Investigate   Magazine</a> entitled Contra Mundum. This blog post was published in   the June 10 issue and is reproduced here with permission. Contra Mundum   is Latin for ‘against the world;’ the phrase is usually attributed to   Athanasius who was exiled for defending Christian orthodoxy.</em></p>
<p><em>Letters to the editor should be sent  to:  editorial@investigatemagazine.DELETE.com</em></p>
<p><strong>RELATED POSTS:<br />
 </strong><a href="http://www.mandm.org.nz/2010/05/contra-mundum-richard-dawkins-and-open-mindedness.html">Contra Mundum: Richard Dawkins and Open Mindedness</a><a title="Permanent Link to Contra Mundum: Slavery and the  Old Testament" rel="bookmark" href="http://www.mandm.org.nz/2010/04/contra-mundum-slavery-and-the-old-testament.html"><br />
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		<title>Religious Restraint and Public Policy: Part VI</title>
		<link>http://www.mandm.org.nz/2009/12/religious-restraint-and-public-policy-part-vi.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=religious-restraint-and-public-policy-part-vi</link>
		<comments>http://www.mandm.org.nz/2009/12/religious-restraint-and-public-policy-part-vi.html#comments</comments>
		<pubDate>Thu, 03 Dec 2009 05:43:36 +0000</pubDate>
		<dc:creator>Madeleine</dc:creator>
				<category><![CDATA[God and Morality]]></category>
		<category><![CDATA[Jurists]]></category>
		<category><![CDATA[Philosophers]]></category>
		<category><![CDATA[Philosophy of Religion]]></category>
		<category><![CDATA[Political Philosophy]]></category>
		<category><![CDATA[Religion in Public Life]]></category>
		<category><![CDATA[Rights and Freedoms]]></category>
		<category><![CDATA[Studies]]></category>
		<category><![CDATA[Christopher Eberle]]></category>
		<category><![CDATA[Doctrine of Religious Restraint]]></category>
		<category><![CDATA[Freedom of Religion]]></category>
		<category><![CDATA[Jurisprudence]]></category>
		<category><![CDATA[Law Studies]]></category>
		<category><![CDATA[Lydia McGrew]]></category>
		<category><![CDATA[Nicholas Wolterstorff]]></category>
		<category><![CDATA[Phillip Quinn]]></category>
		<category><![CDATA[Public Policy]]></category>
		<category><![CDATA[Robert Audi]]></category>
		<category><![CDATA[Stephen Carter]]></category>
		<category><![CDATA[Terence Cuneo]]></category>

		<guid isPermaLink="false">http://www.mandm.org.nz/?p=2076</guid>
		<description><![CDATA[In my last posts, beginning Religious Restraint and Public Policy: Part I,  I set out the doctrine of religious restraint and critiqued some of the key arguments in support of it. I looked at the objection that the argument from respect is too thin, that applied consistently it excludes too much and Audi’s response to [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><em>In my last posts, beginning </em><em><a title="Permanent Link to Religious Restraint and Public Policy: Part I" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html">Religious Restraint and Public Policy: Part I</a></em><em>,  I set out the doctrine of religious restraint and critiqued some of the key arguments in support of it. </em><em>I looked at the objection that the argument from respect is too thin, that applied consistently it excludes too much and</em><em> Audi’s response to this.</em><em> I examined and critiqued Gerald Gaus’ attempt to salvage the argument from epistemic inaccessibility and his idea </em><em>of open justification. In this post</em><em> I will look at the dangers of religion as a justification for its asymmetrical treatment within the DRR and conclude the series.<br />
 </em></p>
<p style="text-align: justify;"><em>B          The Dangers of Religion</em></p>
<p style="text-align: justify;">One explanation as to why this asymmetry is applied to religious reasons is offered by Quinn; “Some people fear that religious argument is apt to be dangerously divisive.”<a href="#_ftn1">[82]</a> Audi concurs, “[religious reasons] are special in relation to liberal democracy even by contrast with [secular reasons] … that are not accessible to any normal adult.” <a href="#_ftn2">[83]</a> He gives five “salient points” to support his case, all based on the idea that religious reasons are dangerous to society. <a href="#_ftn3">[84]</a></p>
<p style="text-align: justify;">First Audi claims that religious reasons are often “directly or indirectly taken to represent an infallible authority”.<a href="#_ftn4">[85]</a> The second point is that religious people often “believe that anyone who does not identify with [the ultimate divine source] is forsaken, damned, or in some other way fundamentally deficient.”<a href="#_ftn5">[86]</a> Third, “religious reasons often dictate practices that are distinctively religious in content (such as prayer) or intent (such as preserving the fetus on the ground that it is a gift from God)”.<a href="#_ftn6">[87]</a> Fourth, with many religious leaders, especially leaders of cults, there is a risk that they are “cloaking their prejudices with absolute authority.”<a href="#_ftn7">[88]</a> Finally, Audi contends that religious people tend to be “highly and stubbornly passionate about the importance of everyone’s acting in accordance with religious reasons”.<a href="#_ftn8">[89]</a></p>
<p style="text-align: justify;">Again these features are not unique to religion. As McGrew argues, all these features can be equally present in secular people and movements;<a href="#_ftn9">[90]</a></p>
<blockquote><p style="text-align: justify;">It is sadly amusing to read this list and to consider how well its negative aspects apply to secular people and movements. Communism, for example, is as fanatical as any conventional religion and demands group-think on an unrivaled scale. Contemporary feminism aspires to control worldview, language, and behavior. The New Atheists are exceedingly passionate about making people behave in accordance with their own beliefs (making sure children are taught Darwinism as unquestioned fact, for example), and Richard Dawkins and P.Z. Myers have an inflated sense of self-importance that would make many a Christian megachurch pastor look modest by comparison. Dawkins is infamous for having repeatedly and insistently called a religious upbringing “child abuse,” and while Dawkins has shied away from the obvious legal implications of this accusation, not everyone who thinks as he does is so cautious. Other secularists, self-styled “comprehensive liberals,” have expressly advocated the use of the power of the state to monitor and limit parents’ ability to transmit their religion to their children (see Hitchcock, 2004). As for the vicious condemnation of children who do not fully conform to their parents’ secular ideology, a good example of this phenomenon is the strange story of Rebecca Walker, daughter of feminist icon Alice Walker. And, on the other hand, there are plenty of religious people who do not display such negative characteristics. It simply does not appear to be true that we reduce fanaticism, self-important leadership, attempts at thought control, and the like in society by reducing the role of religion in public life.</p>
</blockquote>
<p style="text-align: justify;">McGrew suggests there are secular analogues of even Audi’s third reason, that religious reasons often dictate practices that are distinctively religious in content or intent;<a href="#_ftn10">[91]</a></p>
<blockquote><p style="text-align: justify;">It would certainly be undesirable if people were being coerced to pray to any God, even the true God. But then, secular ideology can and sometimes does demand that we do homage to itself—in the form of changing our language to make it politically correct, for example, or treating two men or two women as “married” in all of our business activities. The problem with forcing people to pray to the true God is that the true God is not truly worshiped in that fashion. The problem with forcing people to pray to false gods and to pledge allegiance to false ideologies is that they are false. You will not avoid the problem of the coercion of conscience by limiting the role of religion in public life. You will only shift that problem so that the unreasonable coercion comes from some quarters rather than others.</p>
</blockquote>
<p style="text-align: justify;">Audi’s first point invites a parallel rejoinder. He defines infallible propositions as those that are “impossible that they be both endorsed or accepted by God and false”.<a href="#_ftn11">[92]</a> On this definition of infallibility <em>every</em> proposition is infallible. God, as Audi understands him, is omniscient. God only believes true propositions. It follows then that any proposition God accepts cannot be false; this is true whether it is a religious proposition or a secular one.</p>
<p style="text-align: justify;">Audi’s main concern is that a person who believes an action is commanded by God believes that an omniscient, infallible being has endorsed that action. Appeals to purported divine commands are therefore problematic. However, some secular ethical theories face precisely the same problem.  One of the most influential secular theories, endorsed by ethicists as diverse as David Hume, Adam Smith, Henry Sidgwick, Richard Hare, Roderick Firth, John Stuart Mill, Tom Regan, Richard Brandt, Immanuel Kant and others, is the ideal observer theory. On this theory an action is wrong, if and only if, it would be proscribed by an ideal observer, by a person who is perfectly impartial and perfectly informed on all the relevant facts. A hypothetical ideal observer is no less infallible than religious believers take God to be. It is hard to see how invoking religious reasons is not acceptable but invoking the secular reasons is.<a href="#_ftn12">[93]</a></p>
<p style="text-align: justify;"><em>C         Argument from Religious Wars</em><br />
 A more forcible danger of religion argument invokes the spectre of religious wars. Audi states “if religious considerations are not appropriately balanced with secular ones in matters of coercion, there is a special problem: a clash of Gods vying for social control. Such uncompromising absolutes easily lead to destruction and death”<a href="#_ftn13">[94]</a> Wolterstorff articulates the concern;<a href="#_ftn14">[95]</a></p>
<blockquote><p style="text-align: justify;">One reason which liberals have offered ever since the emergence of liberalism in the seventeenth century is that it’s just too dangerous to let religious people debate political issues outside of their own confessional circles, and to act politically, on the basis of their religious views. The only way to forestall religious wars is to get people to stop invoking God and to stop invoking canonical scriptures when arguing and determining politics.</p>
</blockquote>
<p style="text-align: justify;">The adequacy of this argument can be contested on several grounds. First, Quinn, Greenwald and Wolterstorff note that while it was true of 17<sup>th</sup> century England, “social peace did depend on getting citizens to stop invoking God, canonical scriptures, and religious authorities when discussing politics in public”,<a href="#_ftn15">[96]</a> it is not plausible that such a danger exists in 21<sup>st</sup> century Western countries like New Zealand, Australia and the United States. Quinn notes, “current political debate in the United States exhibits failure to comply with Audi&#8217;s principles on a massive scale and yet shows no tendency to reignite the Wars of Religion of the early modern era.”<a href="#_ftn16">[97]</a></p>
<p style="text-align: justify;">Wolterstorff makes two other related points. He notes that “the slaughter, torture, and generalised brutality of our century has mainly been conducted in the name of one or another secular cause&#8211;nationalism of many sorts, communism, fascism, patriotisms of various kinds, economic hegemony.”<a href="#_ftn17">[98]</a> Second, he notes that “many of the social movements in the modern world that have moved societies in the direction of liberal democracy have been deeply and explicitly religious in their orientation”<a href="#_ftn18">[99]</a> He cites the abolitionist movement, the civil rights movement and movements resisting communism, facism and apartheid as examples. The invocation of religious reasons risks war and civil strife when certain types of religious reasons are invoked in particular socio-political contexts. This is equally true of secular reasons; certain types of secular reasons can be dangerously incendiary in particular socio-political contexts. There seems no basis for an asymmetry between secular and religious reasons on these grounds.</p>
<p style="text-align: justify;">Eberle and Cuneo add that 17<sup>th</sup> century “confessional conflict … [was] typically rooted in egregious violations of the right to religious freedom, when, for example, people are jailed, tortured, or otherwise abused because of their religious commitments.”<a href="#_ftn19">[100]</a> Given that few, if any, who appeal to religious reasons advocate such violations or could plausibly bring them about, such appeals are unlikely to have tumultuous effects.</p>
<p style="text-align: justify;">In terms of protecting freedom of religion from these kinds of abuses it is not obvious that secular reasons fare any better, “secularists have a long history of hostility to the right to religious freedom and, presumably, that hostility isn&#8217;t at all grounded in religious considerations”.<a href="#_ftn20">[101]</a> Moreover when<a href="#_ftn21">[102]</a></p>
<blockquote><p style="text-align: justify;">religious believers have employed coercive power to violate the right to religious freedom, they themselves rarely have done so in a way that violates the DRR … when such rights have been violated, the justifications offered, even by religious believers, appeal to alleged requirements for social order, such as the need for uniformity of belief on basic normative issues. One theological apologist for religious repression, for example, writes this: ‘The king punishes heretics as enemies, as extremely wicked rebels, who endanger the peace of the kingdom, which cannot be maintained without the unity of the faith. That is why they are burnt in Spain’.</p>
</blockquote>
<p style="text-align: justify;">Similarly, Aquinas, in a Rawlsian vein, famously justified the suppression of heretics by appealing to the accepted political culture of his day which required that counterfeiters be executed.</p>
<p style="text-align: justify;">Consequently, the religious wars of the 17<sup>th</sup> century were caused, not by the appeal to religious reasons <em>per se</em> but rather by the violation of religious freedom; this violation has often been defended on secular grounds. It is unlikely that the DRR provides a bulwark against such abuses.</p>
<p style="text-align: justify;"><strong>III        Conclusion</strong></p>
<p style="text-align: justify;">On examining the DRR it appears that there is no good reason for singling out religious reasons for a particular restraint and limiting discourse to secular reasons. The grounds offered for doing so, the golden rule, the epistemic accessibility of religious premises, the dangers of religion and the potential for religious wars all apply with equal force to secular beliefs. Hence, the restriction appears arbitrary. Moreover, as applied, the DRR is often incoherent and if applied consistently would render most substantive coercive laws unjustified. The current practice of equating secularism with neutrality is flawed.</p>
<p style="text-align: justify;">As Carter eloquently puts it,<a href="#_ftn22">[103]</a></p>
<blockquote><p style="text-align: justify;">What is needed is not a requirement that the religiously devout choose a form of dialogue that liberalism accepts, but that liberalism develop a politics that accepts whatever form of dialogue a member of the public offers. Epistemic diversity, like diversity of other kinds, should be cherished, not ignored, and certainly not abolished. What is needed, then, is a willingness to <em>listen, </em>not because the speaker has <em>the right voice </em>but because the speaker has <em>the right to speak. </em>Moreover, the willingness to listen must hold out the possibility that the speaker is saying something worth listening to; to do less is to trivialize the forces that shape the moral convictions of tens of millions of Americans.</p>
</blockquote>
<p style="text-align: justify;"><em>This series was written as a <a href="http://www.mandm.org.nz/2009/11/my-supervised-research-paper-grade.....html#more-1966">supervised research paper in pursuit of my LLB</a>. </em></p>
<hr style="text-align: justify;" size="1" />
<p style="text-align: justify;"><span style="font-size: x-small;"><a href="#_ftnref1">[82]</a> Phillip Quinn “Political Liberalisms and Their Exclusions of the Religious” (1995) 69:2 Proceedings and Addresses of the American Philosophical Association 35, 143.<a href="#_ftnref2"><br />
 [83]</a> Robert Audi “Liberal Democracy and the Place of Religion in Politics” in Nicholas Wolterstorff &amp; Robert Audi (eds) <em>Religion in the Public Square: The Place of Religious Convictions in Political Debate</em> (Rowman and Littlefield Publishers Inc, Lanham Md, 1997) 1-66, 31.<a href="#_ftnref3"><br />
 [84]</a> Ibid 31-32.<a href="#_ftnref4"><br />
 [85]</a> Ibid 31.<a href="#_ftnref5"><br />
 [86]</a> Ibid.<br />
 <a href="#_ftnref6">[87]</a> Ibid.<a href="#_ftnref7"><br />
 [88]</a> Ibid 31-32.<a href="#_ftnref8"><br />
 [89]</a> Ibid 32.<a href="#_ftnref9"><br />
 [90]</a> Lydia McGrew “<a href="http://www.christendomreview.com/Volume001Issue001/index.html">The Irrational Faith of the Naked Public Square</a>” (2008) 1 The Christendom Review (at 2 October 2009).<a href="#_ftnref10"><br />
 [91]</a> Ibid.<a href="#_ftnref11"><br />
 [92]</a> Audi, above n83, 63.<a href="#_ftnref12"><br />
 [93]</a> I am grateful to Matthew Flannagan for the development of this point.<a href="#_ftnref13"><br />
 [94]</a> Robert Audi <em>Religious Commitment and Secular Reason</em> (Cambridge University Press, New York, 2000) 103.<a href="#_ftnref14"><br />
 [95]</a> Nicholas Wolterstorff “Why we should Reject what Liberalism tells us About Speaking and Acting in Public for Religious Reasons” in Paul Weithman (ed) <em>Religion and Contemporary Liberalism</em> (University of Notre Dame Press, Notre Dame IN, 1997) 167.<a href="#_ftnref15"><br />
 [96]</a> Nicholas Wolterstorff “The Role of Religion in Decision and Discussion of Political Issues” in Nicholas Wolterstorff &amp; Robert Audi (eds) <em>Religion in the Public Square: The Place of Religious Convictions in Political Debate</em> (Rowman and Littlefield Publishers Inc, Lanham Md, 1997) 67-120, 79.<a href="#_ftnref16"><br />
 [97]</a> Quinn, above n82, 39.<a href="#_ftnref17"><br />
 [98]</a> Wolterstorff, above n96, 80.<a href="#_ftnref18"><br />
 [99]</a> Christopher J. Eberle and Terence Cuneo “<a href="http://plato.stanford.edu/entries/religion-politics/">Religion and Political Theory</a>” (2008) <em>Stanford Encyclopedia of Philosophy</em> (at 9 August 2009).<a href="#_ftnref19"><br />
 [100]</a> Ibid.<a href="#_ftnref20"><br />
 [101]</a> Ibid.<a href="#_ftnref21"><br />
 [102]</a> Ibid.<a href="#_ftnref22"><br />
 [103]</a> Stephen Carter <em>The Culture of Disbelief: How American Law and Politics Trivialise Religious Devotion</em> (Basic Books, New York, 1993) 230.</span></p>
<p style="text-align: justify;"><strong>RELATED POSTS:</strong><a title="Permanent Link to Religious Restraint and Public Policy: Part I" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html"><br />
 Religious Restraint and Public Policy: Part I</a><a title="Permanent Link to Religious Restraint and Public Policy: Part II" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-ii.html"><br />
 Religious Restraint and Public Policy: Part II</a><a title="Permanent Link to Religious Restraint and Public Policy: Part III" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iii.html"><br />
 Religious Restraint and Public Policy: Part III</a><a title="Permanent Link to Religious Restraint and Public Policy: Part IV" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iv.html"><br />
 Religious Restraint and Public Policy: Part IV</a><a title="Permanent Link to Religious Restraint and Public Policy: Part V" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-v.html"><br />
 Religious Restraint and Public Policy: Part V</a></p>
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		<title>Religious Restraint and Public Policy: Part I</title>
		<link>http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=religious-restraint-and-public-policy-part-i</link>
		<comments>http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html#comments</comments>
		<pubDate>Mon, 23 Nov 2009 06:04:01 +0000</pubDate>
		<dc:creator>Madeleine</dc:creator>
				<category><![CDATA[God and Morality]]></category>
		<category><![CDATA[Jurists]]></category>
		<category><![CDATA[Philosophers]]></category>
		<category><![CDATA[Philosophy of Religion]]></category>
		<category><![CDATA[Political Philosophy]]></category>
		<category><![CDATA[Public Policy]]></category>
		<category><![CDATA[Religion in Public Life]]></category>
		<category><![CDATA[Rights and Freedoms]]></category>
		<category><![CDATA[Studies]]></category>
		<category><![CDATA[Christopher Eberle]]></category>
		<category><![CDATA[Doctrine of Religious Restraint]]></category>
		<category><![CDATA[Freedom of Religion]]></category>
		<category><![CDATA[Jurisprudence]]></category>
		<category><![CDATA[Law Studies]]></category>
		<category><![CDATA[Nicholas Wolterstorff]]></category>
		<category><![CDATA[Philip Quinn]]></category>
		<category><![CDATA[Stephen Carter]]></category>
		<category><![CDATA[Terence Cuneo]]></category>

		<guid isPermaLink="false">http://www.mandm.org.nz/?p=1969</guid>
		<description><![CDATA[In this series I set out the doctrine of religious restraint, the idea that in a pluralistic, liberal, society religious beliefs should not be utilised in the formation of public policy. I note that this doctrine entails an asymmetrical treatment of religious and secular beliefs, which appears to conflict with the central notion of liberal [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><em>In this series I set out the doctrine of religious restraint, the idea that in a pluralistic, liberal, society religious beliefs should not be utilised in the formation of public policy. I note that this doctrine entails an asymmetrical treatment of religious and secular beliefs, which appears to conflict with the central notion of liberal democracy that all people are equal and that the state should be neutral in respect to different conceptions of the good. I examine several key arguments in support of the doctrine and some defences of this asymmetry. I argue these arguments are subject to numerous difficulties and the asymmetry appears arbitrary and unjustified.</em></p>
<p style="text-align: justify;">As far back as the birth of liberal democracy commentators have proposed various forms of epistemological restraint on the nature and extent of the justifications offered for coercive laws. Justification is important because central to the concept of liberal democracy is the notion that all people are free and equal. Broadly speaking, the state must accord equal protection to all who come within its territory. Public policy must allow people equal freedom to live their lives as they see fit. Every adult must have an equal voice in the governance of society through the democratic process. Charles Larmore sums this up,<a href="#_ftn1">[1]</a></p>
<blockquote><p style="text-align: justify;">The familiar constitutional rights of free-expression, property, and political participation, though no doubt serving to promote the goal of democratic self-rule, also have an independent rationale. They draw upon that most fundamental of individual rights, which is the right [of every person] to equal respect.</p>
</blockquote>
<p style="text-align: justify;">A diversity of beliefs, views and religions flourishes as people avail themselves of these liberties and come to different understandings about life, the world they live in, the meanings and purposes thereof. The fact of this plurality invites an important corollary to the concept of liberal democracy, typically formulated as the idea that the state must remain neutral with respect to the different religions and comprehensive viewpoints present within society.</p>
<p style="text-align: justify;">This is not to say that the state must hold that all views are equally true, just or good. Likewise, it is not a requirement that the state must adopt the incoherent stance of affirming (as a truth) that there is no such thing as truth. Nor that it should not concern itself with injustice or deleterious conduct. What is meant by this requirement is that, as a body that exists to serve the people, it is not the state’s role to rule on what is or is not the correct philosophy, worldview or religion; each person must be free to determine this. The state being neutral in this way shows equal respect for the freedom of all people.</p>
<p style="text-align: justify;">When state neutrality is conjoined with the concepts of all people being free, equal and worthy of respect, it follows that coercive legislation needs justification. If people are worthy of respect then there exists a prima facie presumption against state coercion. A commitment to state neutrality entails that justification must be drawn from neutral grounds. I will refer to this view of liberal democracy as “the standard view.”</p>
<p style="text-align: justify;">Common to almost all versions of the standard view is some form of restraint on religious reasons being offered as a form of justification. Richard Rorty, alluding to Jefferson’s famous reference to a wall of separation, describes this as <a href="#_ftn2">[2]</a></p>
<blockquote><p style="text-align: justify;">the happy, Jeffersonian compromise that the Enlightenment reached with the religious. This compromise consists in privatizing religion &#8212; keeping it out of … “the public square,” making it seem bad taste to bring religion into discussions of public policy.</p>
</blockquote>
<p style="text-align: justify;">The doctrine is more than just a restraint on religious reasons; Nicholas Wolterstorff expounds further;<a href="#_ftn3"><sup><sup>[3]</sup></sup></a></p>
<blockquote><p style="text-align: justify;">Definitive of the position is a negation at this point: citizens (and officials) <em>are not</em> to base their decisions and/or debates concerning political issues on their religious convictions. When it comes to such activities, they are to allow their religious convictions to idle. They are to base their political decisions and their political debate in the public space on the principles yielded by some source <em>independent of</em> any and all of the religious perspectives to be found in society. … The source must be such that it is <em>fair</em> to insist that everybody base his or her political decisions, as well as public political debates, on the principles yielded by that source.</p>
</blockquote>
<p style="text-align: justify;">Paul Rishworth writes, “some have contended that the nature of religious belief is such that, while it may be integral to individual autonomy and development, it has no proper role in public policy debates and that these ought to be conducted exclusively in secular terms that are equally accessible to all.”<a href="#_ftn4">[4]</a></p>
<p style="text-align: justify;"><strong> </strong></p>
<p style="text-align: justify;">Christopher Eberle and Terence Cuneo refer to this position as the doctrine of religious restraint (DRR) that they define canonically as<a href="#_ftn5">[5]</a><strong> </strong></p>
<p style="text-align: justify;"><strong> </strong></p>
<blockquote><p style="text-align: justify;"><strong>The DRR: </strong>a citizen of a liberal democracy may support the implementation of a coercive law L just in case he reasonably believes himself to have a plausible secular justification for L, which he is prepared to offer in political discussion. [<em>Emphasis original</em>]</p>
</blockquote>
<p style="text-align: justify;">Eberle and Cuneo explain the implications of the DRR, “if a citizen is trying to determine whether or not she should support some coercive law, and if she believes that there is no plausible secular rationale for that law, then she may not support it.”<a href="#_ftn6">[6]</a></p>
<p style="text-align: justify;"><strong>I           The Doctrine of Religious Restraint</strong></p>
<p style="text-align: justify;">As Wolterstorff identifies in the quotes above, the restraint is negative; justifications for coercive laws must <em>not</em> be religious. The extent and nature of the independent source that acceptable justifications may be drawn from varies depending on which advocate one reads; all agree that a coercive law must be able to be justified by a plausible <em>secular</em> justification if it is to be neutral.</p>
<p style="text-align: justify;">Defenders of the DRR claim that it need not be codified. It is a moral requirement upon people regardless of their role within society; some form of censure rather than legal stricture is what is suggested. Rorty reflects this when he refers to it being “bad taste” to bring religion into the public square. Stephen Carter puts it clearly;<a href="#_ftn7">[7]</a></p>
<blockquote><p style="text-align: justify;">One good way to end a conversation – or start an argument – is to tell a group of well educated professionals that you hold a political position (preferably a controversial one such as being against abortion or pornography) because it is required by your understanding of God’s will. In the unlikely event that anyone hangs around to talk with you about it, chances are that you will be challenged on the ground that you are intent on imposing your religious beliefs on other people. And in contemporary political and legal culture, nothing is worse.</p>
</blockquote>
<p style="text-align: justify;">There is an asymmetry present in most versions of the DRR; state coercion can be justified by some secular justifications but it can never be justified by religious justifications. In reviewing a definitive defence of the DRR advanced by Robert Audi, Philip Quinn observes;<a href="#_ftn8">[8]</a></p>
<blockquote><p style="text-align: justify;">These principles impose burdens on religious people that Audi nowhere suggests imposing on nonreligious people. … Audi does not propose that nonreligious people must be sufficiently motivated by adequate religious reason for their advocacy or support of restrictive laws or politicise. The lack of symmetry is striking.</p>
</blockquote>
<p style="text-align: justify;">Eberle and Cuneo, in their discussion of the DRR, note the same asymmetry;<a href="#_ftn9">[9]</a></p>
<blockquote><p style="text-align: justify;">There is an important asymmetry between religious and secular reasons in the following respect: some secular reasons can themselves justify state coercion but no religious reason can. This asymmetry between the justificatory potential of religious and secular reasons, it is further claimed, should shape the political practice of religious believers. According to advocates of the standard view, citizens should not support coercive laws for which they believe there is no plausible secular rationale, although they may support coercive laws for which they believe there is only a secular rationale.</p>
</blockquote>
<p style="text-align: justify;">Not surprisingly, the DRR is controversial despite its current orthodoxy. Religious believers are required to omit beliefs they understand to be true or hold as important when they grapple with public policy. Stephen Carter captures the sentiment well when he labels this “the separation of church and self.”<a href="#_ftn10">[10]</a> Yet defenders of the DRR maintain that some form of religious restraint is not only in accord with the notion of liberal democracy but essential to it, as Rorty puts it, “we shall not be able to keep a democratic political community going unless the religious believers remain willing to trade privatization for a guarantee of religious liberty.”<a href="#_ftn11">[11]</a></p>
<p style="text-align: justify;">For the DRR to be as pervasively held in the literature, in society generally and within religious-freedom jurisprudence there must exist good reasons as to how the DRR does uphold the concepts of equal protection, freedom, voice and neutrality in spite of the charges critics level against it.</p>
<p style="text-align: justify;"><em>In my next posts in this series, <a title="Permanent Link to Religious Restraint and Public Policy: Part II" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-ii.html">Religious Restraint and Public Policy: Part II</a></em><em>, I will look at some of the arguments for the doctrine of religious restraint. These are mostly variants of appeals to respect (such as the golden rule, epistemic inaccessibility) or arguments around the dangers of religion.</em></p>
<hr style="text-align: justify;" size="1" />
<p style="text-align: justify;"><span style="font-size: x-small;"><a href="#_ftnref1">[1]</a> Charles Larmore quoted in Michael J Perry <em>Under God? Religious Faith and Liberal Democracy</em> (Cambridge University Press, New York, 2003) 36.<br />
 [2] Richard Rorty “Religion as a Conversation-Stopper” (1994) 3:1 Common Knowledge 1, 2.<br />
 [3] Nicholas Wolterstorff “The Role of Religion in Decision and Discussion of Political Issues” in Nicholas Wolterstorff &amp; Robert Audi (eds) <em>Religion in the Public Square: The Place of Religious Convictions in Political Debate</em> (Rowman and Littlefield Publishers Inc, Lanham Md, 1997) 67-120, 73.<br />
 [4] Paul Rishworth “Freedom of Thought, Conscience, and Religion” in Paul Rishworth, Grant Hushcroft, Scott Optican and Richard Mahoney (eds) <em>The New Zealand Bill of Rights</em> (Oxford University Press, Melbourne, 2003) 277-307, 279.<a href="#_ftnref5"><br />
 [5]</a> Christopher J. Eberle and Terence Cuneo “Religion and Political Theory” (2008) <a href="http://plato.stanford.edu/entries/religion-politics/"><em>Stanford Encyclopedia of Philosophy</em></a> (at 9 August 2009).<a href="#_ftnref6"><br />
 [6]</a> Ibid.<a href="#_ftnref7"><br />
 [7]</a> Stephen Carter <em>The Culture of Disbelief: How American Law and Politics Trivialise Religious Devotion</em> (Basic Books, New York, 1993) 23-24.<a href="#_ftnref8"><br />
 [8]</a> Philip Quinn “Religion in the Public Square: The Place of Religious Convictions in Political Debate” (2000) 60:2 <cite>Philosophy and Phenomenological Research</cite> 486, 487 (book review).<a href="#_ftnref9"><br />
 [9]</a> Eberle and Cuneo, above n 5.<a href="#_ftnref10"><br />
 [10]</a> Carter, above n 7, 1.<a href="#_ftnref11"><br />
 [11]</a> Rorty, above n 2, 3.</span></p>
<p style="text-align: justify;"><em>This series was written as a <a href="http://www.mandm.org.nz/2009/11/my-supervised-research-paper-grade.....html#more-1966">supervised research paper in pursuit of my LLB</a>. </em><em>I am very grateful to a number of people who personally encouraged me, gave feedback, recommended  resources  or were good enough to supply me with their own &#8211; particularly my supervisor, Paul Rishworth; philosophers: Glenn Peoples, Lydia McGrew, Alexander Pruss, Francis J Beckwith, Nicholas Wolterstorff and my husband, Matthew Flannagan.</em></p>
<p><strong>RELATED POSTS:</strong><a title="Permanent Link to Religious Restraint and Public Policy: Part I" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-i.html"><br />
 </a><a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-ii.html">Religious Restraint and Public Policy: Part II</a><a title="Permanent Link to Religious Restraint and Public Policy: Part III" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iii.html"><br />
 </a><a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iii.html">Religious Restraint and Public Policy: Part III</a><a title="Permanent Link to Religious Restraint and Public Policy: Part IV" rel="bookmark" href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iv.html"><br />
 </a><a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-iv.html">Religious Restraint and Public Policy: Part IV</a><br />
 <a href="http://www.mandm.org.nz/2009/11/religious-restraint-and-public-policy-part-v.html">Religious Restraint and Public Policy: Part V</a><br />
 <a href="http://www.mandm.org.nz/2009/12/religious-restraint-and-public-policy-part-vi.html">Religious Restraint and Public Policy: Part VI</a></p>
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		<description><![CDATA[It is that time of the year for those of us engaged in study; deadlines are imminent, exams loom, stress abounds and tunnel vision sets in. For us here are MandM this directly affects 3 members of our family, Matt, Sheridan and myself, all engaged in tertiary study and to a lesser degree, Christian in [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">It is <em>that</em> time of the year for those of us engaged in study; deadlines are imminent, exams loom, stress abounds and tunnel vision sets in.</p>
<p style="text-align: justify;">For us here are MandM this directly affects 3 members of our family, Matt, Sheridan and myself, all engaged in tertiary study and to a lesser degree, Christian in his first year of NCEA.</p>
<p style="text-align: justify;">Regular readers will recall that I undertook a somewhat pivotal <a href="http://www.mandm.org.nz/2009/08/in-pursuit-of-an-llb-some-news.html">supervised research paper</a> this semester that has the potential to make or break me. I have refined my research topic to attacking the notion that neutrality, within the context of pluralistic liberal democracies must always = secularity.</p>
<p style="text-align: justify;">While most who write in this area look at the role of the citizen, I am examining the jurisprudence. My thesis is that the doctrine of religious restraint is present in the dominant tests for religious freedom (Coercion, Endorsement and Lemon) and that this unjustly places a burden on a religious citizen, regardless of his or her role within society, that is not placed on a secular citizen. This asymmetry undercuts the notions of freedom, equality and state neutrality central to standard conceptions of liberal democracy.</p>
<p style="text-align: justify;">Anyway, feel free to offer your thought on my topic, the deadline is less than two weeks away <span style="text-decoration: line-through;">23 Oct at 4pm</span> 12pm Fri 30 Oct (extension) and Matt,  starting Monday, has to do a 5 day stint in Tauranga in the midst of it leaving me, <a href="http://www.mandm.org.nz/tag/disc-replacement-surgery">injured and living with chronic pain remember</a>, to run things at home and blogwise whilst completing my 10,000 word paper that could open doors  or slam them forever, so if your clever comment piques my interest enough they may make it to a footnote in my research which I do intend to seek publication, within New Zealand, for. I am this stage up to 5656 words.</p>
<p style="text-align: justify;">To pique your interest I will quote from <a href="http://www.law.yale.edu/faculty/SCarter.htm">Stephen Carter</a>, Professor of Law at Yale University,</p>
<blockquote><p style="text-align: justify;">One good way to end a conversation &#8211; or start an argument &#8211; is to tell a group of well educated professionals that you hold a political position (preferably a controversial one such as being against abortion or pornography) because it is required by your understanding of God&#8217;s will. In the unlikely event that anyone hangs around to talk with you about it, chances are that you will be challenged on the ground that you are intent on imposing your religious beliefs on other people. And in contemporary political and legal culture, nothing is worse.</p>
<p style="text-align: justify;">That awful phrase &#8211; &#8220;imposing religious belief&#8221; &#8211; conjures up images of the religious right, the reverend Jerry Falwell&#8217;s Moral Majority, the Reverand Pat Robertson&#8217;s Presidential campaign, the 1992 Repubulican Convention, and the rest comes out in a jumble of post-enlightenment angst: we live in a secular culture, devoted to sweet reason. We separate church and state. We believe in tolerance. We aren&#8217;t superstitious. Taking religion seriously is something only those wild-eyed zealots do: Operation Rescue, blocking the entrances to abortion clinics&#8230; you know who we mean, those Christian fundamentalists&#8230; the evangelicals&#8230; the folks who want classroom prayer in public schools, but think that God doesn&#8217;t hear the prayers of Jews&#8230; you know, those television preachers&#8230; those snake charming faith healers&#8230; and John Cardinal O&#8217;Connor&#8230; and the &#8220;scientific&#8221; creationists&#8230; <em>Southern Baptists</em>, for goodness sake! The labels often seem to run together this way with no particular logic to them, and, to be sure,  without any context either. (Trying to explain, for example, that Christian fundamentalists and Christian evangelicals are not the same usually just confuses matters more) But there is a message in this miasma, and the message is that people who take their religioun seriously, who rely on their understanding of God for motive force in their public and political personalities &#8211; well, they are scary people. [1]</p>
</blockquote>
<p style="text-align: justify;">Also if anyone wants to submit a guest post for the Sunday Study, Matt, who is preaching tomorrow at Riverhead Presbyterian Church, on top of everything else, would greatly appreciate it.</p>
<p style="text-align: justify;">The point of this post is to explain our somewhat distracted attention from blogging.</p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;"><span style="font-size: x-small;">[1] Stephen Carter The Culture of Disbelief: How American Law and Politics Trivialise Religious Devotion (Basic Books, New York, 1993) 23-24.<br />
 </span></p>
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