The Tragedy Of Religious Freedom

When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.

Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.

Today more than 200 million Christians around the world suffer imprisonment, abuse and even death because of their faith. Yet most Americans never hear their stories. In Their Blood Cries Out, Paul Marshall reveals the reality of this present-day persecution, revealing what we can do to help these brothers and sisters in Christ.

Human freedom has been the source of both the high points of humanity as well as of its low points, thus giving rise to the impression that it is a somewhat ambivalent concept. According to Martien Brinkman, the major factor in this ambivalence is the rather narrow meaning that the concept has received in the course of history. Freedom is, for the most part, understood as ‘freedom from’ or ‘freedom to’ but only rarely as ‘freedom for’. However, it is precisely this latter understanding that is closest to the Christian understanding of freedom, which Brinkman defines as ‘internal attachment’. In his view Christian freedom is at bottom characterized by that to which one commits oneself in trust. He sees primarily the Christian theology of baptism, with its accent on ‘dying’ and ‘rising’ with Christ as the model for the way in which one acquires freedom. Brinkman illustrates this in this study by means of a great number of biblical images and images borrowed from the historical debates between Augustine and Pelagius and Luther and Erasmus.

The first decade of the twenty-first century finds the American people divided along a great, half-century-old fault line. On one side stand Traditionalists who understand human existence and glory (joys and sorrows) as defined by a western religious heritage, an existence circumscribed by tragedy. On the other side stand Secularists who reject the western tradition and its moral absolutes (even though they continue to espouse values that arose out of the West) and look forward to a world of ever-expanding personal freedom from societal restraints and old human weaknesses, a world wherein mankind will finally achieve total well-being For fifty years, Traditionalists and Secularists have been arguing over religion and their very different understandings ofthe meaning of freedom. Does the old religion, the western tradition as manifested in the United States, sustain and strengthen freedom or does it circumscribe freedom so much that religion destroys freedom?

Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

The 1993 government assault on the Branch Davidian compound near Waco, Texas, resulted in the deaths of four federal agents and eighty Branch Davidians, including seventeen children. Whether these tragic deaths could have been avoided is still debatable, but what seems clear is that the events in Texas have broad implications for religious freedom in America. James Tabor and Eugene Gallagher's bold examination of the Waco story offers the first balanced account of the siege. They try to understand what really happened in Waco: What brought the Branch Davidians to Mount Carmel? Why did the government attack? How did the media affect events? The authors address the accusations of illegal weapons possession, strange sexual practices, and child abuse that were made against David Koresh and his followers. Without attempting to excuse such actions, they point out that the public has not heard the complete story and that many media reports were distorted. The authors have carefully studied the Davidian movement, analyzing the theology and biblical interpretation that were so central to the group's functioning. They also consider how two decades of intense activity against so-called cults have influenced public perceptions of unorthodox religions. In exploring our fear of unconventional religious groups and how such fear curtails our ability to tolerate religious differences, Why Waco? is an unsettling wake-up call. Using the events at Mount Carmel as a cautionary tale, the authors challenge all Americans, including government officials and media representatives, to closely examine our national commitment to religious freedom.

Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.