Covid Vaccines, Religion, and the First Amendment

Fresno Bee, August 29, 2021

Most of society is pushing for vaccine mandates. But a small minority is opting out on religious grounds. That’s their right under the First Amendment. If your deeply held beliefs prevent you from getting a vaccine, you can get a religious exemption.

In the United States, the First Amendment allows for “free exercise” of religious belief and other freedoms. These principles are connected to the right to have an abortion, the right to refuse to serve in the military, the right of gay and lesbian people to marry, and the right to refuse to salute the flag.

We value religious liberty in this country and freedom of conscience. This does not mean that religious people can sneeze germs wherever they want. Those with religious exemptions still need to wear masks, to self-quarantine when ill, and to undergo routine testing. But so far, no one is going to force you to get a shot, if you are conscientiously opposed to the idea.

There are complexities here involving what counts as a religious exemption. Some vaccine denial is not of the “conscientious” variety. Instead, it is based on crackpot conspiracy theories. But then again, one person’s deepest religious beliefs may be viewed by another as a crackpot conspiracy theory. That’s why we ought to tread lightly.

Official policies regarding religious exemption show the difficulty. In the California State University policy, for example, it says that a religious exemption can be granted either for “sincerely held religious belief” connected to “traditionally recognized religion” or for sincere beliefs that are “comparable to that of traditionally recognized religions.”

This means that agnostics and atheists can be granted “religious” exemptions. But would a devoted QAnon believer also qualify? It is difficult to decide what counts as a sincerely held belief worthy of exemption.

Religious exemptions in the United States have evolved through litigation. Originally, exemptions from military service were granted only for members of historic peace churches. Over time, the interpretation of what counts as grounds for conscientious objector status expanded along with religious diversity and the growth of non-religion.

The question of what counts as a religion is vexing, especially in the U.S., where new religions grow and prosper. The U.S. has given us Mormonism, Seventh Day Adventists, Christian Science, Jehovah’s Witnesses, and the Nation of Islam — along with Scientology and the Church of Satan.

When is a group of like-minded folks really a “religion”? And when are your beliefs worthy of accommodation? In the U.S., we are permissive in this regard. If you publicly testify to the sincerity of your belief, we’ll accept that for the most part.

data dump from California State University Chico provides a bit of insight about how this might play out. There are ethical concerns about the breach of privacy that occurred when Chico State’s data was revealed. But the published accounts show the kind of language used by students who were granted exemptions. One claimed, for example, to believe in “natural healing through God’s divine power.”

It would be wrong to force someone with that kind of belief to violate their conscience and take the vaccine. In the same way, it would be wrong to force a committed pacifist to take up arms or a believer opposed to state-idolatry to salute the flag.

Some people will lie about this. But how can we know? It is very difficult — if not impossible — to judge the sincerity of another person’s profession of faith. If someone publicly declares their belief in something, we take them at their word, until evidence is provided that shows they are lying. Of course, if you lie on your application, that’s fraud, and this may have legal repercussions.

It is likely that the number of people asking for religious exemptions will be small. There are few people whose religious beliefs prevent them from saluting the flag or from carrying arms in defense of the country. There are likely also few people whose faith prevents them from using modern medicine.

These religious exemptions provide a great opportunity to educate ourselves about the First Amendment and the complexity of religion. It also provides each of us with a chance to think about what we sincerely believe.

There is No American Religion

Fresno Bee, July 18, 2021

New poll shows 23% of Fresno County residents don’t affiliate with an organized religion

American religiosity is declining and diversifying. A recent Census of American Religion from the Public Religion Research Institute confirms a trend scholars have noted for decades. There is really no such thing as a typically American experience of religion. And lots of people have rejected organized religion.

This is what religious liberty looks like. In this country, you can change religions, marry someone from a different faith, or simply stop going to church. You can also openly criticize religion without fear of prosecution for blasphemy or apostasy.

Other countries lack this kind of liberty. When the State Department issued its annual report on religious liberty in May, Secretary of State Antony Blinken said, “Religious freedom, like every human right, is universal. All people, everywhere, are entitled to it no matter where they live, what they believe, or what they don’t believe.”

Blinken identified Iran, Burma, Russia, Nigeria, Saudi Arabia, and China as nations that harass religious minorities and punish religious dissenters. He accused China of committing genocide against its Muslim Uyghur minority.

American religious liberty is a rare and precious thing. But it is also messy and complicated. It means that we lack religious unanimity. It means that quacks can start cults. It means that some people will turn their backs on religion. It means that we all need to work harder to understand each other and the value of our freedom.

This is not good news for Christian nationalists who want the U.S. to be a Christian nation. Of course, the idea is problematic. Christianity is a big tent with substantial diversity. This includes many Christians who reject the idea of Christian nationalism.

A widely shared statement from “Christians Against Christian Nationalism” says that Christian nationalism distorts “both the Christian faith and America’s constitutional democracy.” They argue that Christian nationalism is idolatrous. And the First Amendment prohibits the establishment of any religion as the national religion.

Christianity is the identification of 70% of Americans, according to the PRRI Census. But Christianity is complex. It includes Protestants and Catholics, the Orthodox and the Mormons. The census also broke religious affiliation down by racial and ethnic lines, distinguishing, for example, between Black Protestantism, Hispanic Catholicism, and White Evangelical Christianity. One wonders how much there is in common between a white Mormon living in Utah, a Black Baptist living in Georgia, and a Hispanic Catholic living in Fresno.

Furthermore, nearly one in four Americans (23%) is not affiliated with an identifiable religion. Fresno County is typical in this regard with the same percentage of non-affiliated people (23%) as the rest of America. The Central Valley is generally more religious than the rest of California. In San Luis Obispo County, 36% are unaffiliated, for example. California is generally more diverse and less religious than the Midwest or the South.

The unaffiliated are not necessarily atheists. Only 6% of Americans claim to be either atheist or agnostic. Unaffiliated people may be spiritual, but not religious. These folks believe in God or spirits, but are not members of any specific religious community.

One interesting data point is that there are as many atheists and agnostics as there are adherents of all non-Christian faiths combined. Jews, Muslims, and Buddhists each account for 1% of the population. Hindus came in at 0.5% (Sikhs were not accounted for separately).

This census confirms that this is a big country, where people are free to believe whatever they want. But religion cannot be ignored as a social force. There are regional differences. And religious differences track race, ethnicity, and political party affiliation.

This census implies that change will continue. Young Americans are more diverse than older generations. In the 18-29 age cohort, only 54% are Christian, 36% are unaffiliated, with non-Christians making up the rest.

This suggests an optimistic outlook for the future of religious liberty. Young people are exercising their liberty and creating a future that will contain more religious diversity than their grandparents encountered. Young people will need guidance as they re-weave the religious fabric of the nation. They need education about religious diversity and religious liberty. But the youth can also lead the way by showing the rest of us what freedom looks like.

Reason, Prayer, and Secularism

Fresno Bee, May 2, 2021

Prayer and reason will each enjoy the spotlight this week. The National Day of Prayer unfolds on May 6. The National Day of Reason follows on May 7.

The National Day of Prayer began in the 1950s when Christianity was taken for granted as the American religion. The idea evolved to be more inclusive. In the 1980s Ronald Reagan said in a Day of Prayer proclamation, “Our land today is more diverse than ever, our citizens come from nearly every nation on Earth, and the variety of religious traditions that have found welcome here has never been greater.”

This growing diversity includes nonreligious people. Nonreligion is quickly spreading. According to a 2019 poll, 65% of Americans are Christian, while 26% of Americans are not religious. Other religions (Jews, Muslims, Buddhists, Hindus) make up the rest. A more recent Gallup poll reported that fewer than half of Americans belong to an organized religion.

As nonreligion grows, humanists have become more assertive. The National Day of Reason is a response to reactionary religiosity. A congressional resolution supporting the idea maintains that reason is essential for cultivating democracy, justice and peace. It condemns “irrationality, magical and conspiratorial thinking, and disbelief in science.”

The conflict with science is important. Vaccine skepticism is common among some Christian faiths. Atheists are much more likely than evangelical Christians to get COVID-19 vaccinations.

Other forms of polarization trace the religion/nonreligion divide. Republicans are more religious than Democrats. Midwestern and Southern states are more religious than coastal states. Younger people are less religious than older people. More educated people also tend to be less religious.

Faith and reason can co-exist. But the modern scientific world view creates significant challenges for traditional religious belief.

Science teaches that our sun is one star among billions and that the Earth is 4.5 billion years old. Darwinian biology explains how life evolved, including dinosaurs. Medical science is a powerful tool for saving lives. Neuroscience provides a non-spiritual explanation of consciousness. And so on.

Religious texts and dogmas are disconnected from the growing body of knowledge we call science. Religion is, of course, more than an explanatory system. It is also about community and shared meaning. But increased diversity makes this more complicated. Which tradition should we choose? As nonreligion grows, it becomes easier to pick “none of the above.”

As more people choose this option, social conflict will follow. To manage these conflicts, we need a robust secular system of government such as is provided by the First Amendment. Secularism allows diversity to flourish. In the bad old days, atheists and heretics were burned. Today they are coming out of the closet.

This is probably not what the Founders imagined. American secularism was originally about Christian liberty. Early Americans were concerned with the repression of Christian dissent in the Old World. Americans also engaged in religious persecution. Mormons were driven out. Indigenous people were killed and converted.

As American secularism grew more inclusive, it reflected the best values of this country. We value nonconformity, innovation, and imagination. Reason and science are also deeply American.

Creative freedom is a powerful force. But liberty means different things to different people. The National Day of Reason proclamation quotes James Madison as saying that knowledge is the best guardian of liberty. The National Day of Prayer website quotes the apostle Paul in saying that liberty is grounded in God.

Is liberty a gift of the Creator, or is it the product of social and political evolution? We’ll continue to disagree about the metaphysics of freedom. But despite our differences, religious and nonreligious people share an interest in secularism. It is freedom of thought and religion that allows us to argue and think about those disagreements.

The one thing we might all agree on is the idea that the state should stay out of these arguments. It would be wrong for the state to impose either religion or nonreligion. Individuals also ought to learn to leave each other alone to think for ourselves.

This creates challenges, as with vaccine skepticism. But those challenges are worth it. In a free country, prayer and reason should each have their day in the sun.

Secular or Sacred? A Pandemic Conflict

The pandemic has brought the conflict between the sacred and the secular to the surface. 

The Archbishop of San Francisco, Salvatore Cordileone, led a recent protest against Covid-19 restrictions.  He claimed that restrictions on worship violate the First Amendment right to free exercise of religion.  He said, “when government asserts authority over the church’s very right to worship, it crosses a line. Our fundamental rights do not come from the state… they come from God.”  He also suggested that “secular elites” lack compassion for religious people and do not understand the pain caused by restricting worship.

The Archbishop did not deny the need for reasonable restrictions on religious liberty.  The problem is that we disagree about what is reasonable.  In fact, we always have. 

150 years ago the U.S. Supreme Court ruled against Mormon polygamy (Reynolds v. U.S.), arguing that the state can restrict religious liberty.  The Court said that religious belief is not “superior to the law of the land” and that religious liberty does not “permit every citizen to become a law unto himself.”

The worry is that religious liberty can open the door to a kind of anarchy, as each sect claims an exception to the law.  The Mormon polygamists of the 19th Century did not think that polygamy meant anarchy.  Nor is the Archbishop prescribing general lawlessness in the face of the pandemic.  But it is difficult to figure out where to draw the line in disputes between the secular and the sacred. 

Furthermore, the Archbishop suggests that some values transcend the law of the land.  He says that our rights come from God—not from the state.  This may mean that we have a right (or even an obligation) to violate the law of the land in the name of a higher law. This is what happens in cases of civil disobedience and conscientious refusal. 

Public health and the common good would seem to call for restrictions on worship. But do religious people have a right to refuse?

A significant problem is that terms such as “public health” and “the common good” are subject to interpretation.  A religious person may think that spiritual well-being is part of public health.  And some religious communities think that communal worship is essential for the common good.

The Archbishop suggests that secular people often don’t understand the powerful role that ritual and communal worship play in the lives of religious folk.  There is some truth to this.  The idea of the sacred opens a realm of transcendent value, which has no parallel in non-religious life. 

The secular world is “disenchanted,” as Max Weber put it a hundred years ago.  Philosopher Charles Taylor said something similar: “The modern identity and outlook flattens the world, leaves no place for the spiritual, the higher, for mystery.”  Speaking as secular person, I think they are right.  The sacred, the transcendent, and the holy are indeed flattened in the secular world.

There is much to argue about here in terms of ethics, theology, and the meaning of life.  But let’s leave these existential arguments aside and return to the problem of the pandemic.  The present situation is this.  Some religious people live in a world of mystery and enchantment that requires communal celebration of shared rituals.  These communal practices appear to violate the public health rules created by a secular political system, which views the world as disenchanted and flat. 

This conflict becomes more complicated when the source of political and legal authority is called into question.  Are the laws a human creation, the result of a social contract?  Or are these laws reflective of something deeper, more mysterious and sacred? 

The present crisis prompts these deep questions.  To answer them we need the help of political philosophers and theologians.  But there will be no unanimous consensus about how to answer these questions. 

This gives us clue to finding common ground.  The fact that we disagree shows us the need for liberty.  The Courts are going to have to draw lines. These judgments will not be satisfactory to everyone.  But let’s agree, at least, that we should be free to ask these questions and to disagree about the source of the law and the meaning of life.

Christmas culture wars

Let’s avoid Christmas culture wars and be charitable

Fresno Bee, December 17, 2016

At recent rallies Donald Trump has announced, “We are going to start saying Merry Christmas again.” In Wisconsin, Trump spoke from behind a podium with the words “Merry Christmas USA” emblazoned on the front.

Meanwhile, the American Civil Liberties Union forced Knightstown, Ind., to remove a cross from the town Christmas tree. The Christmas culture wars are raging again.

The Constitution provides some guidance. The First Amendment guarantees your right to say “Merry Christmas,” “Happy Hannukah,” or “Bah humbug.” You can plant a cross, a menorah, or a Festivus pole in your yard. However, the First Amendment prevents the government from imposing religion upon us.

But what about Christmas trees? The Indiana town removed the cross but left the tree. Christmas trees seem sufficiently secular to pass constitutional muster.

That tells us something about the meaning of “Merry Christmas.” The phrase can be a religious dog whistle. But it can also have a secular meaning.

Christians want to keep Christ in Christmas. For some, “Merry Christmas” is a proclamation affirming that Christ was born to save us from our sins. But most people are probably not thinking about theology when they offer a friendly “Merry Christmas.”

No yuletide greeting is entirely unproblematic. “Happy holidays” seems inclusive. But it leaves atheists out, since they don’t believe in “holy days.” “Season’s greetings” is more inclusive. But prickly pious types may take offense at such an insipid salutation.

Christ is certainly the root of “Christ-mas.” But what about the word “merry”? Even that word can be offensive since it contains a veiled hint about intoxication. The second-most-famous use of the word is in the phrase “eat, drink, and be merry,” where it points toward drunkenness.

Christmas parties are made merry with mulled wine and martinis. Some enjoy mimosas on Christmas morning. Christmas began as a drinking party. It developed from the Roman Saturnalia, a time of drunken merriment associated with the winter solstice.

Some Christians oppose gaiety. Christmas merriment was banned in England in the mid-17th century by Puritans under Oliver Cromwell. American Puritans such as Cotton Mather condemned the “mad mirth” of Christmas. For Puritans, salvation is serious business. Merriment in this world distracts us from the need to be saved from sin.

Can’t escape religious diversity

This brief history reminds us of religious diversity. Some view this world as a vale of tears. Others embrace the joys of life. We disagree about theology, the value of happiness and the meaning of life.

And that is why we need the First Amendment to the Constitution to guarantee religious liberty and prevent government from imposing religion upon us.

Religious diversity is a fact. According to the Pew Center, only 63 percent of Californians are Christian. Twenty-seven percent are not religiously affiliated. The remaining 10 percent include Buddhists, Hindus, Jews, Muslims, Shamanists, Sikhs and others.

Some non-Christians enjoy a secular version of Christmas. The Pew Center reports that 81 percent of non-Christians celebrate Christmas. Santa Claus, Christmas trees, and eggnog do not require faith in birth of a savior in Bethlehem.

Significant diversity exists even among Christians. Catholics and Protestants celebrate Christmas on Dec. 25. Orthodox churches celebrate it in January. Other Christians – Adventists, for example – believe Christmas celebrations are unbiblical.

Many roots to Christmas traditions

Christmas is not in the Bible, after all. The disciples did not commemorate Jesus’ birthday. Mistletoe, elves and reindeer were adopted from pagan sources, as was Santa Claus.

Christmas is also a product of pop culture. It includes Charlie Brown, Rudolph and Bing Crosby. We might note that Bing’s famous song “White Christmas” was penned by Irving Berlin, a Jewish composer. Berlin also wrote “God Bless America,” by the way.

It is a unique American blessing that we are free to say “Merry Christmas.” But we should use our freedom wisely. Liberty without compassion quickly becomes obnoxious.

Let’s be charitable with regard to religious phrases and symbols. It is rude to force a holiday greeting down someone else’s throat.

“Merry Christmas” is not a threat or a command. It is a toast to be said with a smile, not a sneer. It is an offering of hospitality, not an expression of hostility. In these dark winter months, we need less-malevolent mulishness and more making merry.

http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article121328108.html