Walking in that Other Guy’s Shoes

Martin Marty is an eminent religious scholar at the Divinity School of the University of Chicago. He also issues a weekly newsletter, called Sightings because it “sights” public reports with religious or spiritual dimensions. His most recent reflection was thought-provoking, to say the least:

What if the Sioux Nation decided to build a pipeline through Arlington Cemetery? This question from Faith Spotted Eagle—who lacks a Ph.D. in comparative religion and who would never be employed to teach the phenomenology of burial ritual—got at the heart of at least one of the three main issues in the prolonged debate over the Dakota Access Pipeline project.

The other two issues, of course, were environmental degradation and the behavior of Big Oil, and those issues certainly generate a significant percentage of the opposition to the pipeline. Marty’s focus, however, was on the religious importance of the site to the Sioux–and the lack of appreciation of its sanctity by Americans who would have been horrified by a similar proposed desecration of their holy sites.

Why the comparison to a sacred place like Arlington Cemetery? Or the Tomb of the Unknown Soldier, or key monuments at Gettysburg? What makes this Sioux site sacred, inviolable in the eyes of those for whom this place in North Dakota has drawn so much national attention? The environmental concerns alone would have been ominous enough to agitate the Native Americans on the scene. But the Cannonball River, which flows nearby, and the complex of tributaries connected to the Missouri River, are not merely sources of water. No, Spotted Eagle has said, water is “the best medicine,” the sustainer of life from a mother’s womb until its issue, years later, breathes no longer. Water is necessary for the sweat lodge, so important in Sioux worship, and it serves as a purifier and calmer in sacred ceremonies. And much more.

What motivates her and her fellow worshippers, above all, is concern that the pipeline will profane the burial sites over and around and through which it will flow. All of the governmental action is thus, in the eyes of the Native Americans, a profanation.

Sightings spends so many lines on this one out of many contested revered sites in the “flyover country” of the Great Plains—my homeland—in the interest of giving attention to the rites of some of the peoples who have been plundered, exploited, silenced, and murdered for more than 500 years by us newcomers, who now make the rules, establish the rituals, and bring the edicts and the guns to enforce them. Weekly, if not daily, we hear and read of the ins and outs, the ups and downs, of this most recent conflict. We observe how readily disdained the protesters are. But we are moved by the fact that leaders and sympathizers of many religious bodies, including Jews and Muslims, Catholics at the highest level, mainline Protestants, and some Evangelicals, have publicly sided with the Sioux.

There may be perfectly valid, even persuasive arguments for building the pipeline and for  its chosen route. I don’t know enough to evaluate those arguments. Ultimately, however, those arguments are irrelevant to the injustice being perpetrated here.

The undeniable fact is that a pipeline routed through a site designated as holy by a more privileged, more powerful, more “established” religious constituency would have received far different–and far less dismissive– treatment. At the very least, the claims of such a constituency would have met with more official respect.

It has been–and remains– difficult to ensure the constitutionally-required equal protection and application of the laws. I wonder if we will ever achieve–or even approach– equal civic respect for the rights of people who don’t look or worship like us.

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Pastoral versus Ideological Church and State

Speaking of religion, as we did yesterday, I’ve been mulling over a column by E.J. Dionne that I read a couple of weeks ago, because I think it has application to what I will (somewhat grandiosely) call the human condition.

Dionne is a Catholic, and he was examining the differences between the approach to that religion of two other Catholics–the Pope, and Steve Bannon.

Bannon believes that “the Judeo-Christian West is in a crisis.” He calls for a return of “the church militant” who will “fight for our beliefs against this new barbarity,” which threatens to “completely eradicate everything that we’ve been bequeathed over the last 2,000, 2,500 years.”

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“Moral” Lawbreaking

Remember the lyrics of that old cowboy song, “Don’t Fence Me In”?

Oh give me land lots of land under starry skies above
don’t fence me in
Let me ride through the wide
open spaces that I love
don’t fence me in.

I found those “wide open spaces”–they’re between Wyoming legislators’ ears.

A bill has been introduced into the Wyoming state legislature aimed at legalizing discrimination against the gay community–but only if the discriminatory behavior is motivated by religion. House Bill 135, also called the Government Nondiscrimination Act, would legalize discrimination against the LGBTQ community, so long as the discrimination is done for religious or “moral” reasons.

According to Second Nexus (a publication with which I am unfamiliar),

Specifically, the bill would forbid the government from taking action against any “person,” including public and private corporations and entities, if that person acts on a “religious belief or moral conviction” that marriage is the union of one man and woman, or that “‘man’ and ‘woman’ mean an individual’s biological sex as objectively determined by anatomy genetics at the time of birth.”

The bill is remarkable for the breadth of organizations it allows to discriminate on the basis of religious freedom. “If passed, HB 135 would allow government employees, licensed professionals (like teachers or counselors) and private businesses to discriminate,” said Sabrina King, Policy Director at the ACLU of Wyoming. Under the bill, even hospitals and doctors would be allowed to deny routine health care services. (The bill does not exempt the provision of “emergency medical treatment necessary for treatment of an illness or injury.”)

The bill does not define “moral conviction” or “religious belief,” nor does it specify what would constitute evidence of the genuine existence of such a belief.

Think of all the other possible applications of this approach: all those libertarians who have a “moral conviction” that taxes are theft could assert that conviction as a defense to nonpayment. Mormon men who still believe in plural marriage could cite their religious beliefs when marrying several underage girls. I understand that the Santeria religion requires ritual, public animal sacrifices…Evidently, however, the only religious and moral beliefs that deserve legal protection in Wyoming are those that require marginalizing and diminishing LGBTQ people.

Even Justice Scalia, a notoriously anti-gay, pro-religion jurist, understood that allowing religious exemptions from laws of general application would constitute a direct assault on the rule of law.

I actually have a strong moral objection to seeing my tax dollars used to pay lawmakers who introduce measures that are patently unconstitutional–not to mention hateful and counterproductive–whether those public officials are in Wyoming, Indiana or the White House.

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Our Tribes, Ourselves

My friend and colleague Art Farnsley teaches in the Religious Studies Department at IUPUI; he also writes sporadic Op-Eds that have appeared in such publications as the Washington Post and Religion News Service.

His most recent one deserves to be widely read. It begins

Students in my college classes start out thinking religious identity and behavior are primarily about ideas. When I ask them about differences between Catholics and Methodists, they respond with differences in beliefs: the pope, contraception and transubstantiation.

These theological differences are real, of course, but I learned long ago that ideas do not create religious identity: They follow from it. My students imagine we pick from a large menu of ideological options and then make decisions about which membership best fits our own ideas.

It does not take long to convince them this “decision” model is badly incomplete. We never start from a neutral position. Our thinking is shaped by where we are born, who raised us and the tribes we call our own.

A number of social scientists are beginning to recognize that “who we are”–what “tribes” shape our identities–explains much more about all of  us, and about our human cognitive processes, than we have hitherto been willing to concede. Tribalism doesn’t just operate in the religious realm. As Farnsley notes,

It’s time to acknowledge that political identity and behavior operate more like religion than many of us care to admit.

This may sound obvious to some, but I learned it the hard way. I have spent too much of my adult life pretending the opposite, that politics is about ideas and we develop our positions through reason, logic and formal argumentation. It’s time I accept the truth: Who we are comes first in politics too.

I just finished reading a recent book by Christopher Achen and Larry Bartels, Democracy for Realists: Why Elections Do Not Produce Responsive Government, that reaches the same conclusion–in their case, via lengthy review of overwhelming amounts of scholarly research. They argue–with copious evidence– that political identity and behavior operate more like religion than many of us want to admit. They also demonstrate that voters adjust their policy views and even their understanding of what is and is not fact to match their tribal identities.

Achen and Bartels include political parties among the tribal loyalties that motivate us. Our choice of partisan affiliation originally depends significantly on affinity, on the belief that “people like me” share more characteristics with one or another political party, but then the partisan affiliation itself becomes an important part of “who we are.”

Assuming the accuracy of these descriptions of political identity–and assuming the country and world survive the Presidency of an unstable and wildly unfit buffoon–Americans will need to think long and hard about the implications of “democratic realism” for the design of our democratic institutions. As Achen and Bartels confirm, there is much of value in our Constitutional system; we need to protect what is valuable, but we cannot do that unless we jettison what they call the “folk theory” of how democratic institutions actually work.

As Art Farnsley notes,

Political operatives of both parties have known for decades that voting behavior is about emotion, intuition and tribal affiliation. It’s about whose status goes up or down. The operatives know who we are.

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What About the Flying Spaghetti Monster?

We Americans treasure religious liberty. We’re just a bit vague on the definition of “religious.” (Actually, we aren’t too clear on what we mean by “liberty,” either.)

I still recall a conference I attended early in my academic career; I approached a religious studies scholar who had delivered what I considered a brilliant paper, and during the ensuing discussion, she shared her belief that the First Amendment should simply have protected “intellectual integrity”–that the problem with specific references to religious liberty was that they required courts to decide what should count as “religious” for purposes of constitutional analysis.

And what should count as “religious” has been–and remains– hotly contested.

Think, for example, about the awkward history of conscientious objector jurisprudence. For a long time, courts only recognized moral objections to engaging in combat if the person registering the objection belonged to a “recognized” (um..established??) pacifist church. Others claiming that status were challenged. But–as the courts ultimately came to recognize– there are many non-theists and members of other denominations and religions who have sincere and deeply-felt pacifist beliefs.

More recently, of course, we are seeing people claim religious sanction for a right to discriminate, and it is hard not to suspect that their “sincerely held beliefs” have more to do with bigotry than godliness.

The point is, it is by no means clear what sorts of beliefs and conduct can properly be labeled “religious,” as opposed to “political,” “ideological,” “philosophical” or even delusional.

I receive Sightings, a digital newsletter from the University of Chicago Divinity School, and that publication recently referenced a Massachusetts lawsuit raising precisely that issue:

But courts do get asked about “religion,” and can’t wiggle out of exchanges on this. It was easier to define in historic cultures where a manifestation of religion, e.g. “an established church” got to define religion in “we” versus “they” terms. Today, propose a parlor game in which participants have to define the term, and listen. If “established” versions you will hear are too constricted, others are too protean. One hears then: “if everything is religious, then nothing is religious.” Now, pity the people who are called to fight over religious subjects not in games but in courts…

O’Loughlin’s case involves the keepers of a Massachusetts “religious” shrine whose property is tax-exempt for those parts of its workings which strike “everyone” as being focally religious: worshiping, nurturing, shaping spiritual life. But, strapped-for-tax-revenue neighbors of the shrine-keepers argue, should parts of the property used for what some would call “secular” purposes be tax-exempt because the owners or custodians of the shrine deem them and claim them to be ‘religious’?

Unsurprisingly, religious leaders of several traditions filed a brief in support of the tax-exempt status of the entire facility.

The notion that local assessors or any government actor is equipped or would presume to deem whether one use of a religious organization’s property or another falls within the definition of ‘religious worship’ is antithetical to religious freedom,” said the brief, signed by leaders representing Jewish, Christian, and Muslim organizations. Catholic bishops in Massachusetts, including Boston’s Cardinal Sean O’Malley, also weighed in, arguing in a brief that the shrine’s grounds offer “communion with nature,” which “is a core religious activity with ancient roots in Christianity’s past.”

Gee–I “commune with nature” in distinctly unChristian fashion…But I digress.

According to this argument, courts and other secular institutions are simply precluded from drawing distinctions between properties used for authentically religious purposes (whatever those are) and those simply owned by religious organizations–although to the extent properties are tax-exempt, secular taxpayers’ rates increase. (Someone has to pay for the public services such properties enjoy–streets, police and fire protection, garbage collection and the like.)

I can’t help thinking of Flip Wilson’s inspired “Church of What’s Happening Now” rants (you youngsters can Google that), or the more contemporary “worship” of the Flying Spaghetti Monster.

Despite rightwing rhetoric, it isn’t the LGBT community that is demanding “special rights.”

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