Liberty, Martyrdom, and the HHS Mandate
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Sorry for taking advantage of a “Reply-all” to people I don’t necessarily know, but here goes…
Instead of a “stand up for religious liberty” day, how about a “stand up for Christian conviction even in the face of imminent martyrdom” day?
I do not expect to get my religious liberty back, as the bare minimum of “reasonable religion” which Madison assumed when he wrote the following quotation is no more:
We hold it for a fundamental and undeniable truth, “that religion or the duty which we owe to our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.” The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right. It is unalienable, because the opinions of men, depending only on the evidence contemplated by their own minds cannot follow the dictates of other men: It is unalienable also, because what is here a right towards men, is a duty towards the Creator. It is the duty of every man to render to the Creator such homage and such only as he believes to be acceptable to him. This duty is precedent, both in order of time and in degree of obligation, to the claims of Civil Society. Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governor of the Universe: And if a member of Civil Society, do it with a saving of his allegiance to the Universal Sovereign. We maintain therefore that in matters of Religion, no man’s right is abridged by the institution of Civil Society and that Religion is wholly exempt from its cognizance. True it is, that no other rule exists, by which any question which may divide a Society, can be ultimately determined, but the will of the majority; but it is also true that the majority may trespass on the rights of the minority.
Yet I’m sure that Madison, if you told him that it was your religious belief that you were the thrall of Satan, and that the man downstairs demanded human sacrifice, wouldn’t miss a beat in telling you, sorry, but your religion ain’t “wholly exempt from the cognizance” of Civil Society. Why? Because absent the bare minimum of natural law, and legislative and jurisprudential institutions which recognize it, nothing stands in the way of people citing “religious liberty” for all manner of civil disobedience, not all of which is truly in the public interest. This current situation with the HHS mandate is no such instance; however, neither is the real problem with said mandate its violation of a generic religious liberty. No, there are many instances where religious liberty has been duly constrained for the sake of the public interest, many of which we as Christians support.
To reiterate, then: the problem is not that this mandate violates a generic religious liberty, but that what it seeks to mandate is pure evil, thus contrary to the natural law, thus contrary to the public interest. If we fail to articulate this and choose instead to crow that our rights are being violated (a tertiary issue), we will miss an opportunity for true martyria.
I will end my preachment here with this excerpt from Thaddeus Kozinski’s excellent piece over at Ethika Politika a few weeks ago:
Do the Bishops want to send the message to Obama that his main sin is not being Lockean enough, in not adequately respecting the sacred “wall of separation” between church and state, in mixing politics and religion? Obama is being a bad liberal in not respecting the freedom of religion of some of the citizens, but he is also being a bad man in promoting an objectively evil practice. Do Catholics want to pressure other Americans in power to be merely good liberals, even if that would win Catholics a short-term reprieve? Should not the Bishops consider more carefully the long-term benefit for our country of declaring the truth, in and out of season, especially when it is becoming quite clear that nothing short of mass conversion to the Gospel can save us?
With that said, trying to “get religious liberty back” right now, while the bodies-politic and social are as diseased as they currently are, can be about as successful as giving a sick man a blood-transfusion from his own leg.
Pessimistically (realistically?) yours, sed in Christo speo,