When tolerance warps religious freedom.
There was a great commentary today by Bill McGurn regarding the state of religious freedom in America today, and where that’s trending (hint, not up). McGurn’s opinion cited a recent case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, which the Supreme Court agreed to hear shortly.
The background of the case centers on a teacher working at this small religious school who was fired for breaking a church belief of taking church disputes outside the community (in this case punitive action against the teacher due to absenteeism). But what’s really on trial here isn’t one teacher or one school, rather the idea that the First Amendment guarantees the freedom to exercise ones religion (not just a freedom to believe, but exercising it) based on the rules that religion.
At the core of their concern is just this: the politically correct rewriting of the First Amendment. Post-1791, what made America’s religious freedom truly radical was not simply that it allowed people to worship (or not to worship) as they saw fit. The radical part was the guarantee it gave to corporate freedoms: to hold property together, to own newspapers, to run schools, to open hospitals and clinics, etc.
That understanding is now up for grabs. Last week, Kentucky Gov. Steve Beshear said approval for a local merger that would create a new Catholic hospital system will depend on maintaining a “public mission”—by which he means the performance of procedures, such as sterilization, at odds with church teaching.
In San Francisco, opponents of circumcision recently attempted to outlaw it via state ballot. The California State University system has been found within its legal rights to deem a Christian fraternity and sorority unfit for recognition. Meanwhile, the National Labor Relations Board declared that two Catholic colleges are not in fact Catholic.
These are not cases of people trying to impose their beliefs on the rest of us. Instead they involve the question whether faith communities are free to live their own beliefs in their own institutions. Somehow the more “tolerant” we become, the more difficult that becomes.
Given: in cases of a religion forbidding modern medicine or pharmaceuticals, etc., which leads to death, particularly that of a child who has no power to decide for themselves, this issue becomes more complex. But in the case of a an adult teacher joining a private institution knowing full well its rules, I have no sympathy. When you join a particular group, you submit to that communities values and policies — and this, by the way, is a principle pillar of rationale behind the 10th Amendment and Federalism (The U.S. Constitution defined specific power, yielding all others to the states and the people, i.e. communities, whereas the states could define any powers except those bestowed to the federal government via the Constitution. Don’t like your state, you can move and force the other 49 to compete).
That is, if one can simply force a group to mend its beliefs — albeit justified when being deprived of life, liberty or pursuit of happiness — the very definition of a “group” becomes meaningless.
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