Jurisprudence

My paper is yet to be written but is based on the following:

The Culture of Disbelief

Don Closson

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A new book, The Culture of Disbelief by Stephen Carter, may be the catalyst to open up a much needed discussion on the role of religious belief in public life. It has even caught the attention of President Clinton. The author teaches law at Yale University, is an Episcopalian, an African-American, and to a great degree an iconoclast, a nonconformist whose ideas will please neither the right nor the left, the liberal nor the conservative. But, just as it took a Nixon, with his irrefutably conservative credentials, to open the door to better relations with communist China, it may be necessary for a Stephen Carter to help bring back into balance the role of religion in America.

This book is provocative, in an irksome, irritating, vexing way, but also in an alluring, insightful way. Carter's defense of religiously motivated actions in the public square (in government, education, and the marketplace, or wherever people conduct public business) is worth cheering about. Carter argues that our government has trivialized serious religious belief to the point that we are losing the protection once provided by the First Amendment, which was written, according to Carter, to protect religious groups from government interference, not to protect the non-religious from the religious in our society.

The vexing part of Carter's book is his consistent rejection of conservative biblical positions. He argues vehemently for the right of others to hold them, but then declares these positions to be naive, developed by shoddy thinkers, and just plain wrong. His complete confidence in his position, often without stating why, will be very irritating to readers who hold to biblical inerrancy and a biblical world view.

With that warning said, this is still an important book for anyone interested in the role of religious belief in America. Carter rightfully points out that the Constitution and First Amendment were written for a world in which regulation was expected to be rare and would almost never impinge on religious liberty. Today, we live in a highly regulated welfare state, one which sees no limits to its regulatory powers. There is literally no place to hide for those who are religious and try to act in a way consistent with those beliefs.

Professor Carter makes a powerful argument that governmental agencies are removing religion as an "ground for objection" to its various mandates, whether they be sex education in the schools or housing anti-discrimination laws. In other words, the beliefs or disbeliefs of those running our government are being imposed on Christians via the power of the ever expanding ruling bureaucracy.

Carter responds to this governmental encroachment into the intimate details of our lives by calling those on both sides of the ideological debates to value, not oppose, those who refuse to accede to the authority of others, for it yields the diversity that America needs. His lucid arguments for true religious freedom, especially from his political and religious position, are helpful and well thought out. Carter is willing to speak boldly against the tyranny of secular government, especially when governmental agencies become oppressive.

Again, let me be very clear. This book will be difficult to read for many believers. Professor Carter bends over backwards to make his message palatable to the more politically correct crowd on our college campuses and in government. On the other hand, conservative Christians can benefit from a close reading of this book. If this book has a significant impact, our government could return to (in regard to religious freedoms) a position much closer to that of our Founding Fathers.

God as a Hobby

The most powerful message of The Culture of Disbelief is that religion has been trivialized in America. By religion, professor Carter is referring to any worshipping group that believes in a supernatural God and that actually makes demands on its members, in this life, based on its beliefs about the nature and character of God. He notes that "More and more, our culture seems to take the position that believing deeply in the tenets of one's faith represents a kind of mystical irrationality, something that thoughtful, public-spirited American citizens would do better to avoid. If you must worship your God, the lesson runs, at least have the courtesy to disbelieve in the power of prayer; if you must observe your sabbath, have the good sense to understand that it ...is just like any other day of the week." According to Mr. Carter, this development is both unfortunate and dangerous to our religious freedoms in America.

This bias has encouraged some of our public institutions to accept religious prejudice as neutrality. The public schools are one of the more obvious illustrations of this bias. One recent example involves a Colorado public school teacher who was told by superiors to remove his Bible from his desk where students might see it. He was told not to read it, even silently, when students were present. He was also ordered to remove books on Christianity from his classroom library, even though books on Native American religious traditions and the occult were allowed to remain. According to Carter, "The consistent message of modern American society is that whenever the demands of one's religion conflict with what one has to do to get ahead, one is expected to ignore the religious demands and act...well...rationally."

Another example of this bias towards religious faith in general is found in modern America's phobia about those who attempt societal change as a result of religious beliefs. An anti-abortion protestor that is against abortion for religious reasons will conjure up grim pictures of religious wars, inquisitions, and other assorted religious atrocities as examples of people trying to impose their religious will on other people. It is like saying that if those murdered for religious reasons had somehow had a choice, they would have chosen a secular killer: "that those whose writings led to their executions under, say, Stalin, thanked their lucky stars at the last instant of their lives that Communism was at least godless."

Professor Carter's response to liberal America's religious bigotry is to remind them that the civil rights movement "was openly and unashamedly religious in its appeals as it worked to impose its moral