Category Archives: Secularism

Attorney General Jeff Sessions scores 8 out of 20 on Religious Freedom

The US attorney general, Jeff Sessions, has issued a memo directing government bodies on how to interpret religious freedom. Unfortunately Sessions misinterprets religious liberty as granting religious people greater rights than the non-religious have. This is a violation of the deeper principle of treating all citizens equally, regardless of their religious views.

Viewed from the stance of equality we can properly understand religious freedom as a form of free speech. That is, you may espouse your religious views, and if you have a general right to do something you may do that same thing with added religious content. Further, the state may not treat you any less favourably owing to that religious content, but nor may it treat you more favourably.

From that perspective, let’s score Sessions’s memo, in which he declares 20 “principles of religious liberty”.

1. The freedom of religion is a fundamental right of paramount importance

Agreed. Score +1. Sessions rightly points to constitutional protections deriving from the Founding Fathers. In his Virginia Statute, Jefferson wrote perhaps the best one-line statement of religious liberty, that: “… all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities”.

Note all three of “diminish, enlarge or affect”.

2. The free exercise of religion includes the right to act or to abstain from action in accordance with one’s religious beliefs

Wrong. Score 0. Religious freedom is a form of free speech and does not grant extra privileges when it comes to actions. If the law requires a non-religious person to “act or abstain from action” then it must demand the same of a religious person. Anything else would violate Jefferson’s maxim that “opinion in matters of religion … shall in no wise … enlarge … their civil capacities”.

If you think that requiring an act or abstention from a religious person would be too burdensome to their conscience then nor should you require it from a non-religious person. That is the deep principle of equality under the law that distinguishes a properly secular state from a theocracy in which the religious grant themselves additional privileges.

3. Freedom of religion extends to persons and organizations

Yes, ok. Score +1. People do not lose their rights simply because they group together and exercise them with like-minded citizens. The problem with the Hobby Lobby ruling was not that it allowed a corporation to have a religious identity, but that it granted extra privileges as a result, just as Sessions wants in the above (2). Continue reading

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Trinity Lutheran Church vs Comer and the free exercise of religion

I have a confession to make. Reading the US Supreme Court’s ruling on Trinity Lutheran Church vs Comer, I am more persuaded by the majority decision written by Chief Justice Roberts than by Justice Sotomayor’s dissent. In this I differ from many secular campaign groups who deplore the ruling and are worried about what it might lead to.

In brief, Missouri runs a program using old tyres to improve children’s playgrounds. Trinity Lutheran Church asked to benefit from this. Their bid was rejected because it came from a church, in line with Missouri’s rule that no taxpayers’ money can go to a church. The Supreme Court ruled 7–2 that rejecting the bid simply because it came from a church violated the constitutional ban on laws “… prohibiting the free exercise” of religion. Sotomayor’s dissent, in contrast, focused on the other half of that clause, banning laws “respecting an establishment of religion”.

The two phrases together are commonly interpreted as erecting Jefferson’s “wall of separation” between churches and the government, preventing taxpayers money from going to churches and preventing the government from taxing churches. Continue reading

Tim Farron’s resignation does not reveal secular intolerance

British Christians have been writing to the newspapers complaining that the resignation of Tim Farron as leader of the Liberal Democrats shows that liberal secularism has revealed itself to be intolerant. “We are kidding ourselves if we think we yet live in a tolerant, liberal society”, said Farron himself. The resignation “should make us wary of those who pretend to be tolerant and liberal” (Telegraph), “… is evidence of wider intolerance in British society” (Christian Institute) and “… symbolises the decay of liberalism” (New Statesman), opine others.

When Christians are unhappy it is usually because they are waking up to the fact that society is increasingly unwilling to grant them the special privileges to which they are accustomed, and to which they think they are entitled. The special privilege being asked for here is not that they be allowed to advance their beliefs in the public arena. That is accepted and not under threat by any secularist or Western atheist, however much Christians try to pretend otherwise. Rather, the special privilege being asked for is to advance such views and to have them exempted from critical scrutiny. Continue reading

Can we please distinguish between speech and actions?

The distinction between speech and action matters. Shouting fire in a crowded theatre endangers people’s safety and so is not just speech but also an “action” that can rightfully be outlawed. In contrast, showing contempt by burning the US flag or a copy of the Quran is “speech” and so should not be outlawed. The act of burning an item of your own property is lawful, and the added contemptuous attitude amounts to speech. This is highlighted by the fact that the method of disposal of old flags recommended by the US military is … burning them, though respectfully. Likewise some Islamic authorities recommend burning as the method of disposal of old copies of the Quran that are no longer fit for reading.

Those in favour of free speech generally hold that any speech that stops short of incitement to violence, or otherwise putting people in direct physical danger, should be lawful and accepted. Those against free speech think otherwise. But they don’t want to admit to being against free speech; few people do. So they label those in favour of free speech as “free speech absolutists”, and begin their arguments with: “I am fully in favour of free speech, but …”. From there they muddy the water by trying to negate the distinction between speech and action. Continue reading

What the Muslim Council of Britain unfortunately did not say about Louis Smith

Statement (unfortunately not) by the Muslim Council of Britain regarding the Louis Smith video and the resulting ban by British Gymnastics. (Link to BBC account)

As Muslims we greatly appreciate the freedom to practice and voice our religion in a country that has not traditionally been Islamic. Such freedoms can only exist in a country where people can dissent from, and indeed criticise, other people’s beliefs, political views and religions. We recognise that, from Swift’s A Modest Proposal to Monty Python’s Life of Brian, Britain has a long tradition of satire and mockery that examines and holds to account both political and religious beliefs.

We maintain that truth has nothing to fear from examination, and that only falsehood and error seek the protection of censorship. Holding our religion to be the highest truth, we declare that it is far beyond being damaged by satire or mockery. We declare our truths to the world, openly inviting people to examine them for error. Critics please speak up, since we are confident that we can more than meet any challenge. If you want to mock us, go ahead! Continue reading

Nigel Biggar is wrong on Charlie Hebdo and free speech

The conflict between Free Speech and Islam is surely going to be a defining battle of the 21st Century. Worryingly, many in the West consider that the best way to defuse the battle is to make concessions to Islam. For example, take the article just published in The Times by Nigel Biggar, the Regius Professor of Moral and Pastoral Theology at the University of Oxford (non-paywall article version).

Biggar writes: Continue reading

Britain is no more a Christian nation than a White nation

Sometimes I pine for the days when British politicians did not “do God”. They realised that, in a nation where only half of us now believe in God, such talk is unnecessarily divisive. But David Cameron is reckoned to have undergone a religious renaissance after the death of his young son, Ivan, and nowadays regularly “does God” and pronounces the UK to be a “Christian nation”.

In one sense this doesn’t matter, since he’s entitled to his opinion and his words can be ignored by those who don’t share his beliefs. But, on the other hand, as Prime Minister he often speaks for the nation as a whole.

By calling Britain a “Christian nation” he presumably refers to the fact that around half the nation identifies as Christian, though often only as a vague cultural affinity. Only about one-in-five are Christian in the sense of regarding it as important in their lives, or in the sense of being church-goers. The rest share some of the cultural heritage, and might attend church weddings and funerals, and perhaps the occasional carol service, but otherwise don’t “do God” in their daily lives. Continue reading