Pluralism, Dialogue, and Freedom

Here's a link to a forthcoming paper of mine -- part of a Journal of Law and Religion volume dedicated to the work of my colleague, Bob Rodes -- called "Pluralism, Dialogue, and Freedom:  Professor Robert Rodes and the Church-State Nexus."  The abstract:

The idea of church-state “separation” and the image of a “wall” are at the heart of nearly every citizen's and commentator's thinking about law and religion, and about faith and public life. Unfortunately, the inapt image often causes great confusion about the important idea. What should be regarded as an important feature of religious freedom under constitutionally limited government too often serves simply as a slogan, and is too often employed as a rallying cry, not for the distinctiveness and independence of religious institutions, but for the marginalization and privatization of religious faith.

How, then, should we understand church-state “separation”? What is the connection between separation, well understood, and religious freedom? What is the place, or role, of religious faith, believers, and institutions in the political community governed by our Constitution? With respect to these and so many other interesting and important questions, the work of Professor Robert Rodes has been and remains a help, a challenge, and an inspiration.

This essay is an appreciation, interpretation, and application of Professor Rodes's church-state work. In particular, it contrasts the church-state “nexus” that he has explored and explained with Jefferson's misleading but influential “wall” metaphor. After identifying and discussing a few of the more salient features of this “nexus,” it closes with some thoughts about how the leading themes in Rodes's law-and-religion writing can help us better understand and negotiate one of today's most pressing religious freedom problems.

Thoughts and comments welcome!