Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Sunday, July 10, 2005

Dionne on Feldman

E.J. Dionne's review of Noah Feldman's new book, "Divided by God," is available here.  Here's the conclusion:

Feldman does not simply tell a compelling story. He also offers a proposal for bringing peace, or at least a truce, to the current round of religious warfare. "We want to acknowledge the centrality of religion to many citizens' values while keeping religion and government in some important sense distinct," Feldman writes. He proposes a deal between the legal secularists and the values evangelicals. He would "offer greater latitude for public religious discourse and religious symbolism, and at the same time insist on a stricter ban on state funding of religious institutions and activities." His solution, he insists, "would both recognize religious values and respect the institutional separation of religion and government as an American value in its own right." He summarizes his view as "no coercion and no money."

I admire the respectful spirit of the Feldman Compromise. Surely liberals must accept that "religious values form an important source of religious beliefs and identities for the majority of Americans." Religious people have a right to form their political conclusions on the basis of their religious values, and to voice those views in the public debate. He is also right that evangelicals "need to acknowledge that separating the institutions of government from those of religion is essential for avoiding outright political-religious conflict."

But Feldman's solution is easier said than carried out. As the Supreme Court's messy Ten Commandments decisions showed, giving broader latitude for "religious symbolism" can easily conflict with "the institutional separation of religion and government." Feldman would put roadblocks in the way of President Bush's efforts to expand federal financing of faith-based groups. But how, exactly, would the "no money" principle affect government funding for health care provided in religious hospitals or long-standing cooperative ventures between government and religious social service organizations? What does Feldman's solution have to say about the problems at the Air Force Academy, where "religious discourse" by officers higher up in the chain of command had deleterious effects on the religious liberty of cadets who did not share the faith of the brass?

Rick

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