Santorum, Kennedy, and Religion

Rick Santorum has recently attacked John Kennedy’s speech to the Houston Ministerial Association on separation of church and state. In some respects, if his interpretation of the speech is correct, he has a point. Santorum maintains that the separation of church and state should not be absolute, that there should be a role for people of faith in the public square, and that government should not be able to impose its views on people of faith. On these three points, he is at least partially correct. Separation of church and state has never been absolute in the United States. Religious arguments have always been made in the public square. “In God We Trust” appears on the coins. (Removing the slogan would be a political non-starter). In the absence of overriding reasons, government should not be able to restrict the actions of people of faith when it violates their free exercise of religion.

I assume that Santorum believes that there are limits on the free exercise of religion. I doubt that he would prevent government from restricting a religion that places human sacrifice at the heart of its liturgy. I do wonder whether he thinks that government should be able to give religious reasons for its actions. Our current system welcomes religious arguments in the public square, but requires that any government action responding to those arguments must be grounded in a fully adequate secular justification.

Finally, the reports of Santorum’s remarks do not discuss his position on the central issue in Kennedy’s speech. Kennedy was responding to the argument that as a Catholic, he would be taking his orders from the Vatican. In response, he took refuge in church and state constitutionalism. I think this was unsatisfactory. As a Catholic and as a President, he was required to act in a moral way as he understood morality so long as he could give a secular justification for his actions. The deeper question was what kind of Catholic he was. Most Catholics take the views of the Pope and the Bishops seriously, but if in conscience they cannot accept the teachings of church leaders, they do not. Kennedy’s speech should have emphasized that as President, he ultimately had to answer to his conscience, not the Pope’s. To put it another way, Kennedy’s speech should have emphasized freedom of conscience, not separation of church and state.

No doubt, Santorum rejects some statements of church leaders which he does not regard as official parts of the Magisterium. Perhaps he accepts all parts of the Magisterium. But I wonder if he believes he is required to accept all parts of the Magisterium regardless of what would otherwise be his personal views. Whatever the religious and moral merits of a position requiring acceptance of the Magisterium no matter what, it is a political cross that is rather heavy to bear. If Santorum believes that there is a strong role for moral conscience against church teachings (as Aquinas did, even if it led to excommunication), he should say so.  

cross-posted at religiousleftlaw.com