One persistent criticism of President Bush is that he has eroded the “wall of separation” between church and state by his attempts to legislate “private” religious views. The most common examples are his limitations on federal funding for embryonic stem-cell research (ESCR), support for measures limiting abortion, and his so-called faith-based initiative offering federal money to religious charities.
Leaving aside the question of constitutional interpretation, what is at work here, it seems to me, is the longstanding liberal suspicion of embodying substantive moral positions in government policy. None of the above mentioned policies need have specifically religious justification. There are secular arguments against ESCR and abortion, as well as secular arguments for providing federal dollars to religious charities that help lift people out of poverty.
Rather, the idea seems to be the government must remain neutral, not just among religions, but among moral positions. To do otherwise is to “legislate morality” and to force one set of views on the entire populace.
This position is rooted in the dream of Enlightenment liberalism to establish a purely procedural means of resolving political disputes. The watchwords here are “reason” and “compromise,” and the aim is that all parties could come to agreement acting simply as rational agents rather than people with substantive commitments to a particular vision of the common good.
The most famous and sophisticated exponent of this view is, of course, John Rawls. To simplify greatly, Rawls contended that, in devising principles of political justice, we have to imagine people coming to agreement without any knowledge of their position in the social order, their concrete interests, or a commitment to any “thick” notion of the good life. Only thus could we be sure that we had principles of justice that were appropriate for all people qua rational beings.
A kind of popular Rawlsianism has infected much of our political debate. To appeal to any substantive view of the good is considered out of bounds since all such positions, it is said, must rest on “faith” rather than on “reason.” John Kerry very clearly articulated this position in the second presidential debate:
First of all, I cannot tell you how deeply I respect the belief about life and when it begins. I’m a Catholic, raised a Catholic. I was an altar boy. Religion has been a huge part of my life. It helped lead me through a war, leads me today.
But I can’t take what is an article of faith for me and legislate it for someone who doesn’t share that article of faith, whether they be agnostic, atheist, Jew, Protestant, whatever. I can’t do that.
One peculiar aspect of this response is that Sen. Kerry seems to imply that opposition to abortion is a peculiarly Catholic belief (though he was careful not to say whether he shared that belief), whereas he must surely know that many Protestants, Jews, atheists and agnostics also oppose abortion. Nor does he grapple with the many secular arguments against abortion.
Even more fundamentally, however, one can question the whole faith/reason dichotomy. Many critics of Enlightenment liberalism have questioned whether there is a neutral Reason-with-a-capital-“R” that enables us to stand above all particular faith-commitments. For instance, thinkers like Alasdair MacIntyre have argued that all forms of reasoning are rooted in specific traditions and that there is no Archimedean point from where we can distinguish positions based in “reason” from those based in “faith.” Rationality is always and inevitably an evaluative concept. It can never be self-justifying because it rests on evaluations that are themselves not subject to rational scrutiny, since that would require begging the question of what counts as rational.
But if there is no “neutral” concept of reason, then the Enlightenment liberal’s appeal to “reason” actually masks certain evaluative claims that remain undefended. If we say that the law cannot protect fetal life, then we are making an evaluation, whether explicitly or not, about the value of fetal life. This is just as much a substantive moral judgment as its contrary. The appeal to proceduralism only works because our political traditions already embody certain substantive moral commitments such as the equality of persons. There is no getting around the need to make such commitments.
Ironically, it may be precisely this attempt to embed particular moral positions in the very framework of political debate that accounts in part for the shrillness of our political discourse. If, on the terms of acceptable debate, one position is ruled out from the get go, there will be less incentive for both parties to compromise. Only when the outcome is up for grabs will compromise and moderation begin to make sense.
This is not to defend all the positions that President Bush has taken. The point is that we should candidly acknowledge that politics involves a contest of substantive moral claims. To portray the conflict as one of “faith vs. reason” is simply disingenuous. Government simply cannot remain neutral about momentous moral issues. Whatever policies it enacts will embody a certain moral perspective. When the U.S. government outlawed slavery it was taking a moral position. One wonders if the arguments of Abraham Lincoln would carry the day if judged by the standards of neutrality about comprehensive goods. One needn’t shed one’s moral commitments to enter the public arena in good faith.