Property Rights and the Limits of Religious Liberty
By James A. Montanye
This article appeared in the Summer 2011 issue of The Independent Review
Religious toleration has characterized Western thought since the writings of John Locke and Samuel von Pufendorf in the late seventeenth century, but philosophers and others now search for comprehensive and principled answers to questions about the limits of religion in public life. Thinking about religious liberty in terms of property rights and rational individual behavior can help us avoid religious discrimination, while protecting both the public order and the legitimate rights of all private individuals.
Western nations maintain variously high walls of separation between church and state. One consequence of this separation is the ongoing dilution, often preceding the occasional disappearance from public life, of traditional religious practices and symbolsdisplay of the Ten Commandments, for example. This drift leads some philosophers of religion to conclude that official government neutrality toward religion has constructively privatized it (Trigg 2007).
Another consequence of separation and neutrality is a perceived loss of social unity within Western nations, which is coincident with the diminished public display of religious symbolism. This loss is more easily felt than quantified, however, and it is evidently felt most tenderly by philosophers of religion and others who are both privately religious and strongly attached to their societys old ways.
Western scholars of many stripe also worry that the Wests insistence on official religious neutrality, tolerance, sensitivity, inclusion, and pluralismespecially to the extent of coddling militant elements of foreign religions and culturesfalls nowhere short of being naively, fatuously, and irresponsibly suicidal. The atheist philosopher Sam Harris offers a blunt assessment of the present situation: Many religious moderates have taken the apparent high road of pluralism, asserting the equal validity of all faiths, but in doing so they neglect to notice the irredeemably sectarian truth claims of each. . . . So long as it is acceptable for a person to believe that he knows how God wants everyone on earth to live, we will continue to murder one another on account of our myths (2004, 15, 134). Events surrounding the construction of an Islamic cultural center near New York Citys ground zero site and the worldwide consequences in 2010 of a tiny Florida congregations plan to commemorate the events of September 11, 2001, by burning copies of the Quran evince the intensity of feeling all around....
Volume 16 Number 1