Finally! Religious liberty for (white) Americans

American Catholics were jubilant recently over a new religious freedom guidance issued by the Trump administration.

Some of it is fine, as far as I can see. I can think of instances where people were bullied or harassed for openly expressing their faith in the workplace, and where they were made to feel inferior for being religious.

Some people have taken the Establishment Clause of the Constitution to mean that to mean that religious expression is sort of vaguely illegal, and should be quashed. So this new guidance says federal employees are allowed to have Bibles and crosses and so on in the workplace. (It’s notable that all the examples it gives are either Christian or Jewish, explicitly mentioning tefillin and rosary beads, for example, but it avoids any mention of Islamic, Buddhist, or Hindu practices of faith. Which is a clear violation of the Establishment clause. Note this. Note. This.)

Some of the guidance makes me extremely nervous. You can click through and read it for yourself if you don’t trust me to summarize—it’s just five pages—but it essentially says that federal employers and employees can display signs of their religious faith, pray and organise prayer groups in the workplace, and talk about and argue for their faith with others in the workplace, as long as they’re not aggressive about it and respect requests to stop.

Here is what I promise will happen: Decent people will adhere to the guidelines, and indecent people will not. People who are good Christians will quietly wear a cross and pray sincerely at lunch and be welcoming and inviting to others; and people who are bad Christians will bully and harass and intimidate people they don’t approve of, and they will point to these guidelines and say they’re entitled to do it.

This is not just a Christian thing; it’s a human nature thing. If people think they can get away with bullying other people, they’ll do it.

I just wanted to establish that the guidelines are absolutely guaranteed to be abused. They were deliberately written to give cover to people who will abuse them. That is how this administration functions, on every level, and it is what we have come to expect from them.

But let’s assume for a minute that it’s all been done in good faith. Let’s pretend that all they want is for Christians and a few docile Jews to be able to keep worshipping God all day long, and not have the government forcibly stripping away their religious convictions and expression.

It sure sounds like that’s what they’re calling for. The first paragraph says:

“The Founders established a Nation in which people were free to practice their faith without fear of discrimination or retaliation by their government.” President Trump is committed to reaffirming “America’s unique and beautiful tradition of religious liberty,” including by directing “the executive branch to vigorously enforce the historic and robust protections for religious liberty enshrined in Federal law.”

And the fourth paragraph says:

“The First Amendment to the US Constitution robustly protects expressions of religious faith by all Americans—including Federal employees. The US Supreme Court has clarified that the Free Exercise Clause “protects not only the right to harbor religious beliefs inwardly and secretly,” but also “protect[s] the ability of those who hold religious beliefs of all kinds to live out their faiths in daily life.” Indeed, “[r]espect for religious expressions is indispensable to life in a free and diverse Republic[.]”

That’s what they say.

What are they actually doing? … Read the rest of my latest for The Catholic Weekly. 

On Notre Dame, the seal of confession, and Esmerelda

Here’s some good news:

The French Senate voted to approve plans to rebuild the Notre Dame Cathedral and added a clause stipulating that it must be restored to how it was before the fire.

No greenhouses, no swimming pools, no holograms, no disco balls, just back the way it was, because the way it was was good. Even though the dreadful fire helped me remember that all temporal things will pass, and that Jesus is the remedy to all loss of every kind, I’ll be as glad as anyone to see good old Notre Dame restored. 
 
We’re certainly in need of some good news, some restorative news. As someone pointed out on Twitter, you know things are going poorly when America turns to a TV show about Chernobyl for escapism. 
 
As always, good news is where you can find it. As the never-ending misery of the sex abuse scandal never ends, but just keeps compounding and compounding, I’ve thought more than once: How good it is, how weirdly restorative, to be reminded so clearly what really matters. Jesus matters. The sacraments matter. The Gospel matters. Works of mercy matter. Everything else, no matter how entrenched and enmeshed it has become with our experience our faith — anything at all can become a distraction from what our faith truly is. So as painful as the 21st century has been, it’s also been clarifying, painfully restorative. It strips away the things we want so we can see clearly what we really need.
 
That’s what kind of century it is, not only in the Church. This is the year when a Texas woman, Teresa Todd, was driving along a road at night when, NPR reports, a young man ran out and pleaded for help for his sister, who was dying of dehydration and exhaustion. Todd stopped and let the man and his sister, Esmerelda, and their companion rest in her car while she texted a friend, who is legal counsel for the local U.S. Border Patrol, for advice on what to do next. 
 
Todd is now under federal investigation for human smuggling. Her phone was confiscated for 53 days, because of what she did.
 
“I feel like I did the right thing. I don’t feel I did anything wrong,” Todd said. And she is right. She was simply performing a basic corporal work of mercy. But her own government is telling her that, in order to be a good citizen, she should have kept on driving. They’re telling her it was wrong to stop and see what she could do for someone who was begging for help — that Americans obeying American law don’t do that kind of thing. That’s not who we Americans are.
 
 
This kind of law is clarifying. It’s the kind of law you cannot in good conscience obey — not as an American, not as a Christian, not as a human being. These laws help us remember who we are. The politics around immigration is just a distraction, and has nothing to do with your actual obligation when you have a live, dying human being named Esmerelda in front of you. 
 
There’s more. This is the year when laws that threaten the seal of confession may pass from rumor to reality. And dozens of priest and even, hallelujah, more than one bishop, have come out and said, “I will go to jail before I will obey this attack on our religious freedom.”
 
The proposed law is clarifying. It gets us to remember who we are and what we are supposed to be doing. Sometimes good times muddy the waters. Sometimes peace clouds our vision. So we have to have some restorative hard times to clarify things.
 
Can you not get me wrong, here? There are some things more cut and dried than others. Priests can never ever ever break the seal of confession under any circumstances. There’s no nuance, at all. Immigration is more unwieldy, and when we talk about how to manage it, sometimes good people come across as harsh and opportunists come across as merciful. It’s rare that it’s so black and white as a dying person directly in front of you begging for help. And the roof of Notre Dame is . . . a roof. Just a roof.
 

But as I said, good news is where you find it. It’s good practice to ask ourselves, “What would I do, if it were me? What should I do, and why?” If Notre Dame were remade into a temple to modernity, what would it do to my faith? If my son were a priest facing arrest, what would I tell him to do, and why? If Esmerelda’s brother staggered out in front of my car, what would I do?  Would I stop

This is what we’re talking about, when we talk about freedom of religion. It’s not the freedom to give political speeches in church, and it’s not the freedom to be tax exempt. It’s not the freedom to pass the laws we, as religious folk, think ought to be passed. It’s the freedom to follow Christ and to obey his commands, no matter what the cost. 
 
The truth is, we do have religious freedom. We always will. It’s just that we might be sent to jail for exercising that freedom.
 
And that is clarifying. 
 
****
 
 

At the Register: Tug of War at Harvard Is a Sign of Good Civic Health

Freedom vs. freedom is always a little messy, but this one worked out just like it’s supposed to. (If the link doesn’t work, please cut and paste: http://www.ncregister.com/blog/simcha-fisher/tug-of-war-at-harvard-is-a-sign-of-good-civic-health)