By Bob Shine, New Ways Ministry, October 17, 2016
If asked, most Catholics today would agree that religious liberty is an essential part of the church’s social teaching and most people would identify religious liberty as a constitutive democratic principle.
But questioned further, these same people would offer very different understandings of just what the religious liberty they so affirm actually means. While there are genuine threats to religious liberty internationally, in the United States, religious liberty has become mostly a prominent campaign issue for the right and a puzzling obsession for the U.S. Conference of Catholic Bishops. Organizations on the left have pushed back against these forces, and even more issues have arisen as civil rights expand for LGBT people.
A new report from the U.S. Commission on Civil Rights explored the complicated questions of nondiscrimination protections and religious liberty in a new report, Peaceful Coexistence. This 300-page report from the independent and non-partisan federal agency examined issues like the ministerial exemption to employment protections and included statements from noted scholars, as well as these words from Commission Chair Martin R. Castro:
“The phrases ‘religious liberty’ and ‘religious freedom’ will stand for nothing except hypocrisy so long as they remain code words for discrimination, intolerance, racism, sexism, homophobia, Islamophobia, Christian supremacy or any form of intolerance. . .
“[T]oday, as in the past, religion is being used as both a weapon and a shield by those seeking to deny others equality. In our nation’s past religion has been used to justify slavery and later, Jim Crow laws. We now see “religious liberty” arguments sneaking their way back into our political and constitutional discourse (just like the concept of ‘state rights’) in an effort to undermine the rights of some Americans.”
Archbishop William Lori of Baltimore, in his capacity as chair of the U.S. bishops’ Ad Hoc Committee on Religious Liberty, joined a handful of more conservative religious leaders in objecting to this report and specifically the words quoted above. Their letter called for President Barack Obama and congressional leadership to reject Castro’s statement and other assertions that religious liberty is being misused.
But new data from the Pew Research Center suggests Catholics in the U.S. are at odds with the bishops’ policies, reported America:
- 54% of Catholics believe business should not be exempted from LGBT non-discrimination protections, five points higher than the national average;
- 65% of Catholics do not believe an employer’s religious affiliation should exempt them from providing contraceptive services as part of health insurance coverage;
- 64% of Catholics believe homosexual activity is either morally acceptable or not a moral issue.
So what are Catholics to make of religious liberty in the United States, especially if we consider equality and justice for marginalized communities like LGBT people to be high priorities?
Some people might agree with Chairman Castro’s contention that “religious liberty” has become a weapon and a shield used against marginalized communities. Sunnivie Brydum wrote at Religion Dispatches that the use of scare quotes around the phrase now seems appropriate:
“This new, mutant form of ‘religious liberty’ does indeed deserve scare quotes. When Mississippi lawmakers overwhelmingly passed a law that determined what kind of intimate relationships are worthy of protection, they also lost the ability to claim that they were seeking to protect faith-based views broadly speaking. Laws like this have less to do with making sure people can freely practice their faith—they are written to privilege one ideological perspective over all others. . .
“Religious freedom is indeed a central tenet of American democracy. . .But when freedom of religion is used as a weapon to infringe on civil liberties—especially in the public square—it deserves the scare quotes that the Chicago Manual of Style says are ‘used to alert readers that a term is used in a nonstandard (or slang), ironic, or other special use.’ “
More centrist Catholics have cautioned against understanding religious liberty as a zero-sum issue. The editors of Jesuit weekly America called for reasoned discourse that seeks a solution amid the competing goods of religious liberty and non-discrimination protects, concluding:
“But if Catholics are to make a full-throated defense of robust religious liberty, we should also acknowledge the ways the church itself has contributed to the atmosphere of distrust around this cause. Asserting religious liberty primarily on ‘culture war’ issues draws attention only to the church’s policing of moral lines, to the detriment of its proclamation of the good news and service to those in need.
“For generations, the church in the United States has provided succor and support for millions of Americans, regardless of religion. This is not a historical accident but the result of the good works of myriad Catholics and an American context that allows believers to freely practice their faith in all spheres. This tradition must continue.”
Elsewhere, Jesuit Fr. Thomas Reese wrote in the National Catholic Reporter that religious freedom and women’s rights could be strengthened together in an argument applicable to LGBT rights as well. Reese, who chairs the U.S. Commission on International Religious Freedom, made this important point:
“A way out of this apparent conflict is to emphasize that religious freedom is a human right that resides in the individual not in a religious tradition. ‘The human right to freedom of religion or belief does not protect religious traditions per se,’ explained Heiner Bielefeldt, the UN special rapporteur on freedom of religion or belief, ‘but instead facilitates the free search and development of faith-related identities of human beings, as individuals and in community with others.’
“Religious freedom does not protect religious belief or religious institutions from challenge. Rather religious freedom protects the right of an individual to believe or not believe, to change one’s religion if one desires, and to speak and act on those beliefs. It protects believers not beliefs. Religious freedom includes freedom of speech and press on religious topics, which allows individuals to challenge religious beliefs and traditions.”
This understanding, Reese commented, reveals religious liberty “in its true meaning” as a source of empowerment for people to live according to their own beliefs and consciences.
Reese is clear that this approach does not resolve every issue related to religious liberty and gender equity, and therefore neither would it resolve every LGBT-related issue, but it effectively counters the idea that religious liberty and civil liberties are “two essentially contradictory human rights norms.” Much good could come if differing sides focused on points of agreement rather than points of contention.
In the world of U.S. Catholicism, progress on religious liberty seems to be simultaneously advanced and stalled at this moment. On the one hand, the Pew numbers reflect a Catholic faithful who conscientiously discern how to advance the common good while upholding goods that can at times be in tension, and this discernment has led them to positions which affirm LGBT rights in such a way that religious liberty is actually strengthened.
But, on the other hand, the Catholic bishops restrain progress, about which Michael Sean Winters of the National Catholic Reporter cautioned:
“In his response to the USCCR report, Archbishop William Lori, chair of the ad hoc committee on religious liberty at the USCCB, claims that the church only wants the ‘freedom to serve.’ What’s stopping you? As has been argued here and elsewhere repeatedly, there is really no reason, so far as our church’s teaching on cooperation with evil is concerned, for the Catholic church to insist that the accountant at Catholic Charities not get dental insurance for his gay partner. . .
“As they prepare for their plenary session in November, the bishops need to start thinking through two issues if they want to be both serious and successful in their defense of religious liberty. First, they need to abandon the idea that religious liberty extends as far as any particular believer wants it to extend in civil society: The wedding cake baker, bless his heart, is not being asked to participate in anything sinful when he bakes a cake for anybody for any reason. The protections we seek should be for our religious institutions, period. Second, the bishops need to follow the example of their Mormon brethren and reach out to the LGBT community. If this continues as an ‘us versus them’ fight, the bishops will lose.”
The Catholic Church’s endorsement of religious liberty at Vatican II is considered by many theologians to be one of the most notable outcomes of the Council. Dignitatis Humanae, the document on religious liberty, was heavily influenced by bishops and theologians from the United States, especially Jesuit Fr. John Courtney Murray. Where Murray and his collaborators had once been treated with hostility for their views on the issue, they became pivotal in shaping the course of Catholicism in the late 20th century.
LGBT non-discrimination protections are a good affirmed in church teaching, just as religious liberty is affirmed. Our task today is to understand how to strengthen both together. Catholics in the United States should remember the history above, history which calls us to ever more deeply engage and earnestly enact religious liberty in all its complexities.
The only clear answer is that there are no clear answers. We must not only say yes to religious liberty, but come to know more fully that which we are affirming. Bu if we are committed like our predecessors in faith, we can and will find a way forward that is faithful to the church’s tradition while meeting the needs of all in our contemporary world.