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Editor's note: The following manifesto on
the role of religion in American public life was drafted, signed
and promulgated by a loose group of Christian clergymen and leaders
on the occasion of the 211th Independence Day. Like all signed material
published in this newsletter it does not represent an official statement
of the Society or the Religious Liberties Practice Group. It is
published here because it is as an important statement on a topic--abortion--that
is at the heart of much of the contemporary debate about where faith
and civics meet.
On this two hundred and twenty-first anniversary of the Declaration
of Independence, we join in giving thanks to Almighty God for what
the Founders called this American experiment in ordered liberty.
In the Year of Our Lord 1997, the experiment is deeply troubled
but it has not failed and, please god, will not fail. As America
has been a blessing to our forebears and to us, so will it be a
blessing to future generations, if we keep faith with the founding
vision.
Invoking "the law of nature and of nature's God," the
Founders declared, "We hold these truths to be self-evident."
This Fourth of July Americans must ask themselves whether they hold
them still. We, for our part, answer emphatically in the affirmative.
We affirm that before God and the law all are equal, "endowed
by their Creator with certain unalienable Rights, that among these
are Life, Liberty and the pursuit of Happiness." In recent
years it has become increasingly manifest that these truths cannot
be taken for granted. Indeed, there is ominous evidence of their
rejection in our public life and law.
As leaders of diverse churches and Christian communities, we address
our fellow citizens with no partisan political purpose. Our purpose
is to help repair a contract too often broken and a covenant too
often betrayed. We recall and embrace the wisdom of our first president
who declared in his Farewell Address: "Of all the dispositions
and habits which lead to political prosperity, religion and morality
are indispensable supports. In vain would that man claim the tribute
of patriotism, who should labor to subvert these great pillars of
human happiness, these firmest props of the duties of men and citizens."
Religion and morality are not an alien intrusion upon our public
life but the source and foundation of our pursuit of the common
good.
It is in the nature of experiments that they can succeed, and they
can fail. President Washington said in his First Inaugural Address:
"The preservation of the sacred fire of liberty, and the destiny
of the republican model of government, are justly considered as
deeply, perhaps as finally staked, on the experiment entrusted to
the hands of the American people." We urge the Christians of
America to join us in a candid acknowledgment that we have not been
as faithful as we ought to that great trust.
Nations are ultimately judged not by their military might or economic
wealth but by their fidelity to "the laws of nature and nature's
God." In the view of the Founders, just government is self
government. Liberty is not license but is "ordered liberty"-liberty
in response to moral truth. The great threat to the American experiment
today is not from enemies abroad but from disordered liberty. That
disorder is increasingly expressed in a denial of the very concept
of moral truth. The cynical question of Pontius Pilate, "What
is truth?", is today frequently taken to be a mark of sophistication,
also in our political discourse and even in the jurisprudence of
our courts.
The bitter consequences of disordered liberty resulting from the
denial of moral truth are by now painfully familiar. Abortion, crime,
consumerism, drug abuse, family disintegration, teenage suicide,
neglect of the poor, pornography, racial prejudice, ethnic separatism
and suspicion - all are rampant in our society. In politics, the
public interest is too often sacrificed to private advantage; in
economic and foreign policy, the lust for profits overrides concern
for the well-being of families at home and the protection of human
rights abroad. The powerful forget their obligation to the powerless,
and the politics of the common good is abandoned in the interminable
contention of special interests. We cannot boast of what we have
made of the experiment entrusted to our hands.
While we are all responsible for the state of the nation, and while
our ills no doubt have many causes, on this Fourth of July our attention
must be directed to the role of the courts in the disordering of
our liberty. Our nation was constituted by agreement that "we
the people," through the representative institutions of republic
government, would deliberate and decide how we ought to order our
life together. In recent years, that agreement has been broken.
The Declaration declares that "governments are instituted among
men, deriving their just powers from the consent of the governed."
In recent years, power has again and again been wielded, notably
by the courts, without the consent of the governed.
The most egregious instance of such usurpation of power is the
1973 decision of the Supreme Court in which it claimed to have discovered
a "privacy" right to abortion and by which it abolished,
in what many constitutional scholars have called an act of raw judicial
power, the abortion law of all fifty states. Traditionally in our
jurisprudence, the law reflected the moral traditions by which people
govern their lives. This decision was a radical departure, arbitrarily
uprooting those moral traditions as they had been enacted in law
through our representative political process. Our concern is for
both the integrity of our constitutional order and for the unborn
whom the Court has unjustly excluded from the protection of law.
Our concern is by no means limited to the question of abortion,
but the judicially-imposed abortion license is at the very core
of the disordering of our liberty. The question of abortion is the
question of who belongs to the community for which we accept common
responsibility. Our goal is unequivocal: Every unborn child protected
in law and welcomed in life. We have no illusions that, in a world
wounded by sin, that goal will ever be achieved perfectly. Nor do
we assume that at present all Americans agree with that goal. Plainly,
many do not. We believe, however, that democratic deliberation and
decision would result in laws much more protective of the unborn
and other vulnerable human lives. We are convinced that the Court
was wrong, both morally and legally, to withdraw from a large part
of the human community the constitutional guarantee of equal protection
and due process of law.
The American people as a whole have not accepted, and we believe
they will not accept, the abortion regime imposed by Roe v. Wade.
In its procedural violation of democratic self government and in
its substantive violation of the "laws of nature and of nature's
God," this decision of the Court forfeits any claim to the
obedience of conscientious citizens. We are resolved to work relentlessly,
through peaceful and constitutional means and for however long it
takes, to effectively reverse the abortion license imposed by Roe
v. Wade. We ask all American to join us in that resolve.
The effort of "we the people" to exercise the right and
responsibility of self government has been made even more difficult
by subsequent decisions of the Court. In its stated effort to end
the national debate over abortion, the Supreme Court in Planned
Parenthood v. Casey (1992) transferred the legal ground for the
abortion license from the implied right of privacy to an explicit
liberty right under the Fourteenth Amendment. The Court there proposed
a sweeping redefinition of liberty: "At the heart of liberty
is the right to define one's own concept of existence, of meaning,
of the universe, and of the mystery of human life." The doctrine
declared by the Court would seem to mean that liberty is nothing
more nor less than what is chosen by the autonomous, unencumbered
self.
This is the very antithesis of the ordered liberty affirmed by
the Founders. Liberty in this debased sense is utterly disengaged
from the concepts of responsibility and community, and is pitted
against the "laws of nature and of nature's God." Such
liberty degenerates into license for the oppression of the vulnerable
while the government looks the other way, and throws into question
the very possibility of the rule of law itself. Casey raises the
serious question as to whether any law can be enacted in pursuit
of the common good, for virtually any law can offend some individuals'
definition of selfhood, existence, and the meaning of life. Under
the doctrine declared by the Court, it would seem that individual
choice can always take precedence over the common good.
Moreover, in Casey the Court admonished pro-life dissenters, chastising
them for continuing the debate and suggesting that the very legitimacy
of the law depends upon the American people obeying the Court's
decisions, even though no evidence is offered that those decisions
are supported by the Constitution or accepted by a moral consensus
of the citizenry. If the Court is inviting us to end the debate
over abortion, we, as Christians and free citizens of this republic,
respectfully decline the invitation.
The Court has gone still further in what must be described as an
apparent course of hostility to democratic self government. In Lee
v. Weisman (1992), the Court seemed to suggest that an ethic and
morality that "transcend human invention" is what is meant
by religion that is constitutionally forbidden ground for law. In
Romer v. Evans (1996), thousands of years of moral teaching regarding
the right ordering of human sexuality was cavalierly dismissed as
an irrational "animus." It is exceedingly hard to avoid
the conclusion that the Court is declaring that laws or policies
informed by religion or religiously-based morality are unconstitutional
for that reason alone. In this view, religion is simply a bias,
and therefore inadmissible in law. Obviously, this was not the belief
of those who wrote and ratified our Constitution. Just as obviously,
the Court's view is not accepted by the people today. For the Founders
and for the overwhelming majority of Americans today, ethics and
morality transcend human invention and are typically grounded in
religion.
If the Supreme Court and the judiciary it leads do not change course,
the awesome consequences are clearly foreseeable. The founding principle
of self-government has been thrown into question. Already it seems
that people who are motivated by religion or religiously-inspired
morality are relegated to a category of second-class citizenship.
Increasingly, law and public policy will be pitted against the social
and moral convictions of the people, with the result that millions
of Americans will be alienated from a government that they no longer
recognize as their own. We cannot, we must not, let this happen.
Questions of great moral moment for the ordering of our life together
will continue to demand deliberation and decision. The Court's justification
of the abortion license under its debased concept of liberty has
brought us to the brink of endorsing new "rights" to doctor-assisted
suicide and euthanasia which threaten those at the end of life,
the infirm, the handicapped, the unwanted. We are confronted by
a radical redefinition of marriage as courts declare marriage to
be not a covenanted commitment ordered to the great goods of spousal
unity and procreation but a mere contract between autonomous individuals
for whatever ends they happen to seek. Under a specious interpretation
of the separation of church and state, our public schools are denuded
of moral instruction and parents are unjustly burdened in choosing
a religious education for their children. These are among the many
urgent problems that must be addressed by a free and self-governing
people.
Washington spoke of "the experiment entrusted to the hands
of the American people." We cannot simply blame the courts
for what has gone wrong. We are all responsible. The communications
media, the entertainment industry, and educators bear a particular
burden of responsibility, as do we Christian leaders and our churches
when we fail to instill the hard discipline of ordered liberty in
the service of the common good.
A most particular responsibility belongs also to our elected officials
in state and national government. Too often, legislators prefer
to leave difficult and controverted questions to the courts. This
must be called what it is, an abdication of their duty in our representative
form of democratic government. Too often, too, Christian legislators
separate their convictions from their public actions, thus depriving
our politics of their informed moral judgment. The other side of
judicial usurpation is legislative dereliction. We must believe
that the Constitution bequeathed us by the Founders does not leave
us without remedies for our present unhappy circumstance.
The crisis created by Roe and its legacy is not without precedent
in our national life. Our present circumstance is shadowed by the
memory of the infamous Dred Scott decision of 1857. Then the Court,
in a similar act of raw judicial power, excluded slaves of African
descent from the community of those possessing rights that others
are bound to respect. Abraham Lincoln refused to bow to that decision.
It was in devotion to our constitutional order that Lincoln declared
in his First Inaugural Address that the people and their representatives
had not "practically resigned their government into the hands
of that eminent tribunal." Today we are again in desperate
need of political leaders who accept the responsibility to lead
in restoring government derived from the consent of the governed.
Let no one mistake this statement as an instance of special pleading
for Christians or even for religious people more generally. Our
purpose is to revitalize a policy in which all the people of "we
the people" are full participants. Let no one fear this call
for our fellow Christians to more vibrantly exercise their citizenship
responsibilities. We reject the idea that ours should be declared
a "Christian" nation. We do not ask a sacred public square
but a civil public square. We strongly affirm the separation of
church and state, which must never be interpreted as the separation
of religion from public life. Knowing that the protection of minorities
is only secure when such protections are supported by the majority,
we urge Christians to renewed opposition to every form of invidious
prejudice or discrimination. In the civil public square we must
all respectfully engage one another in civil friendship as we deliberate
and decide how we ought to order our life together.
The signers of this statement are by no means agreed on all aspects
of law and public policy. We are Catholics, Orthodox, and Protestants
of differing convictions on many issues. We are conservatives and
progressives of various ethnic and racial identities and with differing
political views. We are agreed that we must seek together an America
that respects the sanctity of human life, enables the poor to be
full participants in our society, strives to overcome racism, and
is committed to rebuilding the family. We are agreed that government
by the consent of the governed has been thrown into question, and,
as a result, our constitutional order is in crisis. We are agreed
that-whether the question be protection of the unborn, providing
for the poor, restoring the family, or racial justice-we can and
must bring law and public policy into greater harmony with the "laws
of nature and of nature's God."
Not all Americans are agreed on the implications of those laws,
and some doubt that there are such laws. But all can exercise the
gift of reason to discern the moral truth that serves the common
good. All can attempt to persuade their fellow citizens of the truth
that they discern. We Americans are a political community bound
to one another in civil argument. Such is the experiment in ordered
liberty that has been entrusted to our hands. That experiment is
today imperiled, but we are resolved that it continue and flourish,
for as it was said two hundred and twenty-one years ago so also
it is the case today that "We hold these truths."
The foregoing statement is signed by: Bishop Vinton R. Anderson,
Presiding Bishop, African Methodist Episcopal Church; Dr. Gary L.
Bauer, President, Family Research Council; Archbishop Eusebius J.
Beltran, Archdiocese of Oklahoma City; Anthony Cardinal Bevilacqua,
Archdiocese of Philadelphia; Professor Gerard V. Bradley, Notre
Dame Law School; Dr. William R. Bright, President, Campus Crusade
for Christ International; Dr. George K. Brushaber, President, Bethel
College & Seminary; Bishop Fabian W. Bruskewitz,Diocese of Lincoln;
Rev. Paul F. Bubna, President, The Christian and Missionary Alliance;
Archbishop Charles J. Chaput, Archdiocese of Denver; Mr. Charles
Colson, President, Prison Fellowship; Dr. James Dobson, President,
Focus on the Family; Professor Robert P. George, Department of Politics,
Princeton University; Professor Mary Ann Glendon, Harvard Law School;
Bishop Charles V. Grahmann, Diocese of Dallas; Mr. Hendrik H. Hanegraaff,
Christian Research Institute International; Rev. Dr. Roberta Hestenes,
Solana Beach Presbyterian Church; Professor Russell Hittinger, Department
of Philosophy and Religion, University of Tulsa; Mr. Donald P. Hodel,
President, Christian Coalition; Very Rev. Thomas Hopko, Dean, St.
Vladimir's Orthodox Theological Seminary; Rev. Dr. D. James Kennedy,
Coral Ridge Presbyterian Church; Bishop John R. Keating, Archdiocese
of Arlington; Very Rev. Leonid Kishkovsky, Ecumenical Officer, Orthodox
Church in America; Dr. Richard D. Land, President, Ethics and Religious
Liberty Commission of the Southern Baptist Convention; Archbishop
William J. Levada, Archdiocese of San Francisco; Adam Cardinal Maida,
Archdiocese of Detroit; Bishop John McCarthy, Diocese of Austin;
Bishop James T. McHugh, Diocese of Camden; Bishop George McKinney,
St. Stephen's Church of God in Christ; Dr. Richard J. Mouw, President,
Fuller Theological Seminary; Bishop John J. Myers, Diocese of Peoria;
Mr. Michael Novak, American Enterprise Institute; John Cardinal
O'Connor, Archdiocese of New York; Rev. Richard John Newhaus, President,
Institute on Religion and Public Life; Dr. Ralph Reed, Board of
Directors Christian Coalition; Dr. Robert A. Seiple, President,
World Vision; Rev. Dr. Ron Sider, President, Evangelicals for Social
Action; Bishop Edward J. Slattery, Diocese of Tulsa; Rev. Dr. Bennett
W. Smith, Sr., President, Progressive National Baptist Convention;
Dr. Joseph M. Stowell, President, Moody Bible Institute; Theodosius,
Primate, Orthodox Church in America; Mr. George Weigel, Ethics and
Public Policy Center
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