By Mark Steyn
Discussing the
constitutionality of Obamacare's "preventive health" measures on
MSNBC, Melinda Henneberger of the Washington
Post told Chris Matthews that
she reasons thus with her liberal friends: "Maybe the Founders were wrong
to guarantee free exercise of religion in the First Amendment, but they
did."
Maybe. A lot of other constitutional types in the
Western world have grown increasingly comfortable with circumscribing religious
liberty. In 2002, the Swedish constitution was amended to criminalize criticism
of homosexuality. "Disrespect" of the differently orientated became
punishable by up to two years in jail, and "especially offensive"
disrespect by up to four years. Shortly thereafter, Pastor Ake Green preached a
sermon referencing the more robust verses of scripture, and was convicted of
"hate crimes" for doing so.
Conversely, the 1937 Irish Constitution recognized "the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith." But times change. In 2003, the Vatican issued a ruminative document on homosexual unions. The Irish Council for Civil Liberties warned Catholic bishops that merely distributing the statement could lead to prosecution under the 1989 Incitement to Hatred Act, and six months in the slammer.
In Canada, Hugh Owens took out an advertisement in the Saskatoon Star-Phoenix, and he
and the paper wound up getting fined $9,000 for "exposing homosexuals to
hatred or ridicule." Here is the entire text of the offending
advertisement:
Romans 1:26
Leviticus 18:22 and 20:13
I Corinthians 6:9
Leviticus 18:22 and 20:13
I Corinthians 6:9
That's it. Mr. Owens cited chapter and verse — and
nothing but. Yet it was enough for the Saskatchewan "Human Rights"
Tribunal. The newspaper accepted the fine; Mr. Owens appealed. That was in
1997. In 2002, the Court of Queen's Bench upheld the conviction. Mr. Owens
appealed again. In 2006, the Court of Appeal reversed the decision. This time
the "Human Rights" Commission appealed. The supreme court of Canada
heard the case last autumn, and will issue its judgment sometime this year — or
a decade and a half after Mr. Owens's original conviction. It doesn't really
matter which way their Lordships rule. If you were to attempt to place the same
advertisement with the Star-Phoenix or any other Canadian paper today,
they would all politely decline. So, in practical terms, the "Human
Rights" Tribunal has achieved its goal: It has successfully shriveled the
public space for religious expression — and, ultimately, for "exercise of
religion."
In the modern era, America has been different. It is
the last religious nation in the Western world, the last in which a majority of
the population are (kinda) practicing believers and (sorta) regular attenders
of church. The "free exercise" — or free market — enabled religion to
thrive. Elsewhere, the established church, whether de jure (the Church of
England, the Church of Denmark) or de facto (as in Catholic Italy and Spain),
did for religion what the state monopoly did for the British car industry. As
the Episcopal and Congregational churches degenerated into a bunch of mushy
doubt-ridden wimps, Americans went elsewhere. As the Lutheran Church of Sweden
underwent similar institutional decay, Swedes gave up on God entirely.
Nevertheless, this distinction shouldn't obscure an
important truth — that, in America as in Europe, the mainstream churches were
cheerleaders for the rise of their usurper: the Church of Big Government.
Instead of the Old World's state church or the New World's separation of church
and state, most of the West now believes in the state as church — an
all-powerful deity who provides day-care for your babies and takes your aged
parents off your hands. America's Catholic hierarchy, in particular, colluded
in the redefinition of the tiresome individual obligation to Christian charity
as the painless universal guarantee of state welfare. Barack Obama himself
provided the neatest distillation of this convenient transformation when he
declared, in a TV infomercial a few days before his election, that his
"fundamental belief" was that "I am my brother's keeper."
Back in Kenya, his brother lived in a shack on $12 a
year. If Barack is his brother's keeper, why can't he shove a sawbuck and a
couple singles in an envelope and double the guy's income? Ah, well: When the
president claims that "I am my brother's keeper," what he means is
that the government should be his brother's keeper. And, for the most part, the
Catholic Church agreed. They were gung ho for Obamacare. It never seemed to
occur to them that, if you agitate for state health care, the state gets to
define what health care is.
According to that spurious bon mot of Chesterton's,
when men cease to believe in God, they do not believe in nothing; they believe
in anything. But, in practice, the anything most of the West now believes in is
government. As Tocqueville saw it, what prevents the "state popular"
from declining into a "state despotic" is the strength of the
intermediary institutions between the sovereign and the individual. But in the
course of the 20th century, the intermediary institutions, the independent
pillars of a free society, were gradually chopped away — from church to civic
associations to family. Very little now stands between the individual and the
sovereign, which is why the latter assumes the right to insert himself into
every aspect of daily life, including the provisions a Catholic college
president makes for his secretary's IUD.
Seven years ago, George Weigel published a book called The Cube and the Cathedral,
whose title contrasts two Parisian landmarks — the Cathedral of Notre Dame and
the giant modernist cube of La Grande Arche de la Defense, commissioned by
President Mitterrand to mark the bicentenary of the French Revolution. As La
Grande Arche boasts, the entire cathedral, including its spires and tower,
would fit easily inside the cold geometry of Mitterrand's cube. In Europe, the
cube — the state — has swallowed the cathedral — the church. I've had
conversations with a handful of senior EU officials in recent years in which
all five casually deployed the phrase "post-Christian Europe" or
"post-Christian future," and meant both approvingly. These men hold
that religious faith is incompatible with progressive society. Or as Alastair
Campbell, Tony Blair's control-freak spin doctor, once put it, cutting short
the prime minister before he could answer an interviewer's question about his
religious faith: "We don't do God."
For the moment, American politicians still do God, and
indeed not being seen to do him remains something of a disadvantage on the
national stage. But in private many Democrats agree with those
"post-Christian" Europeans, and in public they legislate that way.
Words matter, as then-senator Barack Obama informed us in 2008. And, as president,
his choice of words has been revealing: He prefers, one notes, the formulation
"freedom of worship" to "freedom of religion." Example:
"We're a nation that guarantees the freedom to worship as one
chooses." (The president after the Fort Hood murders in 2009.) Er, no,
"we're a nation that guarantees" rather more than that. But Obama's
rhetorical sleight prefigured Commissar Sebelius's edict, under which
"religious liberty" — i.e., the freedom to decline to facilitate
condom dispensing, sterilization, and pharmacological abortion — is confined to
those institutions engaged in religious instruction for card-carrying
believers.
This is a very Euro-secularist view of religion: It's
tolerated as a private members' club for consenting adults. But don't confuse
"freedom to worship" for an hour or so on Sunday morning with any
kind of license to carry on the rest of the week. You can be a practicing
Godomite just so long as you don't (per Mrs. Patrick Campbell) do it in the
street and frighten the horses. The American bishops are not the most
impressive body of men even if one discounts the explicitly Obamaphile rubes
among them, and they have unwittingly endorsed this attenuated view of
religious "liberty."
The Catholic Church is the oldest continuously
operating entity in the Western world. The earliest recorded use of the brand
first appears in Saint Ignatius's letter to the Smyrnaeans of circa a.d. 110 —
that's 1,902 years ago: "Wherever Jesus Christ is," wrote Ignatius,
"there is the Catholic Church," a usage that suggests his readers
were already familiar with the term. Obama's "freedom to worship"
inverts Ignatius: Wherever there is a Catholic church, there Jesus Christ is —
in a quaint-looking building with a bit of choral music, a psalm or two, and a
light homily on the need for "social justice" and action on
"climate change." The bishops plead, No, no, don't forget our
colleges and hospitals, too. In a garden of sexual Eden, the last guys not
chowing down on once-forbidden fruits are the ones begging for the fig leaf. But
neither is a definition of "religion" that Ignatius would have
recognized. "Katholikos" means "universal": The Church
cannot agree to the confines Obama wishes to impose and still be, in any sense,
catholic.
If you think a Catholic owner of a sawmill or software
business should be as free of state coercion as a Catholic college, the term
"freedom of conscience" is more relevant than "freedom of
religion." For one thing, it makes it less easy for a secular media to
present the issue as one of a recalcitrant institution out of step with popular
progressivism. NPR dispatched its reporter Allison Keyes to a
"typical" Catholic church in Washington, D.C., where she found
congregants disinclined to follow their bishops. To a man (or, more often, woman),
they disliked "the way the Church injects itself into political
debates." But, if contraceptives and abortion and conception and birth and
chastity and fidelity and sexual morality are now "politics," then
what's left for religion? Back in the late first century, Ignatius injected
himself into enough "political debates" that he wound up getting
eaten by lions at the Coliseum. But no doubt tut-tutting NPR listeners would
have deplored the way the Church had injected itself into live theater.
Ignatius's successor bishops have opted for an
ignobler end, agreeing to be nibbled to death by Leviathan. Even in their
objections to the Obama administration, the bishops endorse the state's view of
the church — as something separate and segregated from society, albeit ever more
nominally. At the airport recently, I fell into conversation with a lady whose
employer, a Catholic college, had paid for her to get her tubes tied. Why not
accept that this is just one of those areas where one has to render under
Caesar? Especially when Caesar sees "health care" as a state-funded
toga party.
But once government starts (in Commissar Sebelius's
phrase) "striking a balance," it never stops. What's next? How about
a religious test for public office? In the old days, England's Test Acts required
holders of office to forswear Catholic teaching on matters such as
transubstantiation and the invocation of saints. Today in the European Union
holders of office are required to forswear Catholic teaching on more pressing
matters such as abortion and homosexuality. Rocco Buttiglione's views on these
subjects would have been utterly unremarkable for an Italian Catholic of half a
century ago. By 2004, they were enough to render him ineligible to serve as a
European commissioner. To the college of Eurocardinals, a man such as Signor
Buttiglione can have no place in public life. The Catholic hierarchy's fawning
indulgence of the Beltway's abortion zealots and serial annullers is not
reciprocated: The Church of Government punishes apostasy ever more zealously.
The state no longer criminalizes a belief in
transubstantiation, mainly because most people have no idea what that is. But
they know what sex is, and, if the price of Pierre Trudeau's assertion that
"the state has no place in the bedrooms of the nation" is that the
state has to take an ever larger place in the churches and colleges and
hospitals and insurance agencies and small businesses of the nation, they're
cool with that. The developed world's massive expansion of sexual liberty has
provided a useful cover for the shriveling of almost every other kind. Free
speech, property rights, economic liberty, and the right to self-defense are
under continuous assault by Big Government. In New York and California and many
other places, sexual license is about the only thing you don't need a license
for.
Even if you profoundly disagree with Pope Paul VI's
predictions that artificial birth control would lead to "conjugal
infidelity and the general lowering of morality," the objectification of
women, and governments' "imposing upon their peoples" state-approved
methods of contraception, or even if you think he was pretty much on the money
but that the collective damage they have done does not outweigh the individual
freedom they have brought to many, it ought to bother you that in the cause of
delegitimizing two millennia of moral teaching the state is willing to intrude
on core rights — rights to property, rights of association, even rights to
private conversation. In 2009, David Booker was suspended from his job at a
hostel for the homeless run by the Church of England's Society of St James
after a late-night chit-chat with a colleague, Fiona Vardy, in which he chanced
to mention that he did not believe that vicars should be allowed to wed their
gay partners. Miss Vardy raised no objection at the time, but the following day
mentioned the private conversation to her superiors. They recognized the
gravity of the situation and acted immediately, suspending Mr. Booker from his
job and announcing that "action has been taken to safeguard both residents
and staff." If you let private citizens run around engaging in free
exercise of religion in private conversation, there's no telling where it might
end.
And so the peoples of the West are enlightened enough
to have cast off the stultifying oppressiveness of religion for a world in
which the state regulates every aspect of life. In 1944, at a terrible moment
of the most terrible century, Henri de Lubac wrote a reflection on Europe's
civilizational crisis, Le
drame de l'humanisme athee. By "atheistic humanism," he meant the
organized rejection of God — not the freelance atheism of individual skeptics
but atheism as an ideology and political project in its own right. As M. de
Lubac wrote, "It is not true, as is sometimes said, that man cannot
organize the world without God. What is true is that, without God, he can only
organize it against man." "Atheistic humanism" became inhumanism
in the hands of the Nazis and Communists and, in its less malign form in
today's European Union, a kind of dehumanism in which a present-tense culture
amuses itself to extinction. "Post-Christian Europe" is a bubble of
50-year-old retirees, 30-year-old students, empty maternity wards . . . and a
surging successor population already restive to move beyond its Muslim
ghettoes.
Already, Islam commands more respect in the public
square. In Britain, police sniffer dogs wear booties to search the homes of
suspected Muslim terrorists. Government health care? The Scottish NHS enjoined
its employees not to be seen eating in their offices during Ramadan. In the
United Kingdom's disease-ridden hospitals, staff were told to wear short
sleeves in the interests of better hygiene. Muslim nurses said this was
disrespectful and were granted leave to retain their long sleeves as long as
they rolled them up and scrubbed carefully. But mandatory scrubbing is also
disrespectful on the grounds that it requires women to bare their arms. So the
bureaucracy mulled it over and issued them with disposable over-sleeves. A
deference to conscience survives, at least for certain approved identity
groups.
The irrationalism of the hyper-rational state ought by
now to be evident in everything from the euro-zone crisis to the latest CBO
projections: The paradox of the Church of Big Government is that it weans
people away from both the conventional family impulse and the traditional
transcendent purpose necessary to sustain it. So what is the future of the
American Catholic Church if it accepts the straitjacket of Obama's
"freedom to worship"? North of the border, motoring around the
once-Catholic bastion of Quebec, you'll pass every couple of miles one of the
province's many, many churches, and invariably out front you'll see a prominent
billboard bearing the slogan "Notre patrimoine religieux — c'est sacre!"
"Our religious heritage — it's sacred!" Which translated from the
statist code-speak means: "Our religious heritage — it's over!" But
it's left every Quebec community with a lot of big, prominently positioned
buildings, and not all of them can be, as Montreal's Saint-Jean de la Croix and
Couvent de Marie Reparatrice were, converted into luxury
three-quarter-million-dollar condos. So to prevent them from decaying into
downtown eyesores, there's a government-funded program to preserve them as
spiffy-looking husks.
The Obama administration's "freedom to
worship" leads to the same soulless destination: a church whose moral
teachings must be first subordinated to the caprices of the hyper-regulatory
Leviathan, and then, as on the Continent, rendered incompatible with public
office, and finally, as in that Southampton homeless shelter, hounded even from
private utterance. This is the world the "social justice" bishops
have made. What's left are hymns and stained glass, and then, in the emptiness,
the mere echo:
The Sea of Faith
Was once, too, at the full, and round earth's shore
Lay like the folds of a bright girdle furl'd.
But now I only hear
Its melancholy, long, withdrawing roar . . .
Was once, too, at the full, and round earth's shore
Lay like the folds of a bright girdle furl'd.
But now I only hear
Its melancholy, long, withdrawing roar . . .
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