Neutrality is not secularism
OPINION — Ted Blank’s recent opinion says the Constitution requires religious neutrality. Fair enough. But he then turns that principle into something much broader: public life itself must be secular.
Before getting to the First Amendment, let me correct the record. Blank says I object to neutrality, seek to “force” Christian principles on others, and apparently desire a “religious government.” I argued none of those things. I explicitly wrote: “Not a theocracy. Not an established church.”
Apparently, saying “not a theocracy” now means “I want a theocracy.” That is an impressive feat of textual interpretation. Blank does not rebut my argument. He rewrites it into one I never made.
The real disagreement is constitutional.
Blank’s argument is familiar boilerplate secularism: non-establishment somehow becomes a requirement that religion recede from public life. But the First Amendment does not stop with establishment. It also protects “the free exercise thereof.”
His reading gives enormous weight to “establishment” and absolutely nothing to the “free exercise” of religion. Blank misses the point: the First Amendment both prevents establishment and protects religious liberty. It does not suppress religious exercise in the name of neutrality.
Offense is not establishment. Non-establishment is not secularism. In other words, the Constitution proscribes against an established religion. It does not establish secularism in its place.
Religious citizens do not surrender their convictions when they vote, speak, campaign or hold office. Neither do secular citizens. Yet Blank implies that Christian convictions belong in private while secular convictions remain free to shape public life.
Apparently, that is defined as neutral.
Blank closes with “Sorry, but not sorry.” In the spirit given, apology accepted. Correcting the argument first, however, might have been more efficient.
Religious liberty means that Americans have the right to pray in public. I thank God for that freedom — and do so publicly.
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