Last week we celebrated the 232nd anniversary of our nation’s freedom. It’s a privilege all faithful citizens treasure. But when it comes to religious practice, nowadays some folks are wondering how free we are or will be or should be several years from now. Religious freedom is clearly under siege in many quarters.
Recently a Peer Study finding reported that faith is still important to us Americans. The study was based on the survey of more than 35,000 adults. We learned that Americans do take religion seriously and that faith is a very important part of their lives. In modern times, however, it is becoming increasingly clear that some folks look upon religious freedom as a danger. We shouldn’t be naive about this developing phenomenon.
A case in point involved the Catholic Charities of Sacramento and the state government. The problem there was legislation about contraceptives. The California State government had proposed a rule of law that forced a church institution, in violation of its own self-identity and situation, to pay for something that the church holds and teaches to be sinful. In other words, the state would not allow the church to practice what it preaches!
As an Amicus Brief from many parties pointed out, “today’s case is about contraceptives. Tomorrow’s will present some other issue that elicits public division, such as abortion, assisted suicide, cloning or some issue of self-governance such as the use of resources for evangelization or who a religious agency may hire to do ministry work.” It seems that California claims that Catholic Charities is not a religious organization because it serves people without any particular religious affiliation.
Another situation developed among our neighbors in the state of Washington. This one involved the right of individuals to pursue the education of their choice, free from governmental discrimination. In Washington, a Promise Scholarship was denied to a respondent who met all the neutral criteria for such an award simply because he declared a major in Pastoral Ministries. But our national jurisprudence makes it quite clear that government may not target religion for adverse discriminatory treatment. Nor may it deny or condition the receipt of a benefit or privilege provided to an individual in a way that it infringes upon the individual’s religious liberty. When Washington offered such scholarships to all students, except those pursuing degrees in theology, the state violated such constitutional principals. It’s a question of fairness towards all applicants without discrimination. The rules it issued did not restrict eligibility with reference either to the institution or the student. The program was not restricted to studies in any particular academic area. The only disqualification appeared to be theology.
One more case, this time in New Jersey, several years ago involved the Boy Scouts of America who, like many organizations, including many religious groups, teaches that homosexual conduct is wrong. This is part of the moral code of scouting as it is for many organizations. The First Amendment protects the dissemination of messages such as this one, even though there are those who find them irrelevant.
Moral messages are inevitably a call to values. An institution or organization that believes in its own values must, of course, select leaders who demonstrate these values in word and deed. The freedom to make such choices is part of the right to decide what the values of any organization will be. One can quickly grasp the underlying threat this could present for the church with respect to its educational enterprise.
Another related issue arose in New Hampshire some years ago. There the state tried to advance the interests of parents, who are the guardians of their children’s health, by making sure they were involved in a dependent teenage daughter’s decision whether or not to have an abortion. But the courts overruled the law and allowed a so-called “health exception,” one that would allow the abortion-provider the discretion to dispense with the notification requirements whenever it would consider an abortion necessary for the minor’s health. Yet the parents remain the natural guardians of their children’s health in almost every other context. The courts thought otherwise about abortion. The freedom of parents to care for their own children’s basic needs is not exclusively a religious right, although people of faith like ourselves clearly defend such a right. Respect for all human life is a shared religious and humanitarian value that is clearly undermined when parental rights and responsibilities are ignored by the government.
Last fall we American Bishops issued a statement about forming consciences for citizenship. The decisions we make as citizens about leadership and policies do have important moral and ethical dimensions. The values of our faith are never to be excluded when it comes to our participation in public life. The U.S. Constitution gives us the freedom to be who we are, nothing more, nothing less. A successful and productive democracy requires the active, responsible and generous involvement of all citizens. The responsibility for promoting the common good is equally shared by all citizens. Today’s cultural relativism attempts to sideline religious values. Catholics as citizens have the right and duty to seek the truth with sincerity and to participate in the defense of moral truths.
It is a given that people of faith are free to be active in the political process and to assert their rights and lobby on behalf of their convictions. But, on the other hand, during an election campaign, caution is advised because some folks carry such lobbying activities beyond the limits of the law and ignore the prohibition, which has been interpreted as absolute, against participation or intervention in a political campaign on behalf of or in opposition to any particular candidate. Whenever any church or religious organization so violates the law, the penalties are severe.
As we prepare for national, state and local elections this fall, we pray that the Holy Spirit will guide us so that we can exercise our freedom wisely and well, hopefully prodding candidates to understand and accept our commitment to values important to Catholics while maintaining respect for all involved in the political process and refraining from publicly engaging as agents of the church in any political campaign. God bless us all in our efforts to participate wisely and well as faithful citizens in this great nation.
