Democracy and Homeland
Security: Strategies, Controversies, and Impact
Part I. Papers Presented in Panels 1–4
Public Speech, Public Reason, and Public Policy in a
Pluralistic Society
James F. Harris, College of William and Mary
Since the terrorist attacks upon the United States on September 11, 2001 (commonly referred to as 9/11),
there has been a significant increase of emphasis on homeland security. Congress
created the new, cabinet-level Department of Homeland Security and passed
the controversial USA PATRIOT Act, which gives unprecedented powers to various
law enforcement agencies. A growing controversy has resulted from this increased
emphasis on homeland security and the possible conflicts that have arisen
between the USA PATRIOT Act and constitutionally guaranteed individual rights.
Given what many people perceive to be a major shift in the resulting balance
of power between individual autonomy and constitutionally guaranteed rights
on the one hand and governmental authority on the other, it is more important
than ever to focus attention upon the political arena in which public policy
and legislation that are restrictive or coercive of citizens are proposed,
debated, and ultimately formulated or enacted. In particular, given that
the attacks of 9/11 were reportedly motivated by a holy jihad against the United
States by radical Muslims, it is crucial to reexamine
the relationship between religious belief and political action and claims
regarding religious freedom in a liberal democracy.
I maintain that public policy in a liberal democracy must
be the result of only public speech and public reason. In support
of this claim, I focus on developing the theoretical grounding for the kind
of public speech and public reason to which a person or group might appeal
legitimately within a liberal, pluralistic democracy to suggest, promote,
oppose, or otherwise influence the process for the possible adoption of such
restrictive or coercive public policies or legislation. The main problem
becomes one of providing a theoretical account for legitimate ways of preserving
the security and stability of a well-ordered society in the face of a pluralism
that results from a diversity of fundamental human beliefs that occurs in
a society in which citizens are divided by incompatible religious, philosophical,
and moral beliefs.
I begin with some preliminary remarks concerning what I
mean by a liberal democracy. Nowadays, the phrase political liberalism means
different things to different people. An intense controversy swirls around
the notion of liberalism that has served to frame what has become the default
political division in the United States between liberals and conservatives.
I intend to avoid this controversy and sidestep this debate. In my use of
the notion of a liberal democracy, the qualifier liberal simply means
that human freedom is a good thing and ceteris paribus means more
human freedom is better than less. To this extent, such a claim is
obviously normative, but I hope to provide a grounding for this normative
aspect of liberal democratic theory. The issues that I want to address have
nothing to do with what has, more recently, been called welfare liberalism
or reform liberalism. In its classic stage that grew out of the Enlightenment,
liberal democratic theory advocated a minimalist view of government and a
minimalist view of the need for governmental or ecclesiastical controls,
restrictions, or regulations on human political, social, and economic affairs.
More fundamentally and more importantly, however, such claims
about the limitations of governmental authority and the value of individual
freedom and autonomy were based upon a specific philosophical view of human
nature. Amongst the major Enlightenment figures, the view of human nature
espoused by Immanuel Kant is perhaps most illustrative. At the time of the
Enlightenment, theological views that regarded human nature as basically
corrupt and sinful also regarded human beings as incapable of properly regulating
their own affairs without divine assistance—given either through the Roman
Catholic Church or its chosen commissioners. In contrast, Kant explained
that the Enlightenment movement was based upon a view of man as a mature creature
who has the will and the courage to use his understanding without
the need of assistance. As rational creatures, human beings qua human beings
are unique in having the capacity to regulate their own social, economic,
and political affairs, make their own laws, and construct their own governments
without the need of assistance from some other source—divine or ecclesiastical.
Kant’s view of human nature provides a theoretical account according to which
human beings come to be regarded as the source of legitimate political authority
and human freedom comes to be valued. Given this view of human nature, it
is easy to understand Kant’s claim that “Nothing is required for this enlightenment
[sic] . . . except freedom.” The freedom that is so important,
according to Kant, is nothing more than “the freedom to use reason publicly in
all matters.”1 Whereas the military officer
says, “Do not argue, just obey,” and the religious pastor says, “Do not argue,
just believe,” the Enlightenment figure says, “Use your reason to argue publicly
all you want and the more the better.”2 Thus, although a person’s use of reason might be restricted
in certain private venues, it is the free, public use of one’s reason,
unrestricted and unregulated, upon which liberal democratic theory is founded.
Jefferson enthusiastically embraced the Enlightenment’s
view of human nature, which for Jefferson meant that
human beings are ceteris paribus their own best authorities regarding
their social and political ends and their values and goals.3 Therefore, the less government interferes with individuals
the better, and the more freedom that individuals have the better. Given
this view of human beings, one of the most important things that a democratic
government can provide for its citizens is a proper education, and given
that human beings are profoundly educable, progress in social and political
affairs is directly correlated with progress in the development of scientific
knowledge and secular education.4
Such a view is far removed from the theological view of
human nature based upon the doctrine of original sin that pervaded Western Europe before the Enlightenment. Human beings are no longer
viewed as fundamentally evil or hapless creatures incapable of regulating
their political and economic affairs without divine or ecclesiastical intervention.
Admittedly, Jefferson, as well as the other major Enlightenment
figures, might have been a bit too optimistic in their estimation of the
power of knowledge and education upon human nature. That issue must, however,
be left for debate on another occasion. The important point for present purposes
is to note the affinity that Jefferson insisted upon between the use of human reason and the faculty
of the understanding and the proper structuring of a democratic society that
maximizes human freedom and nurtures human flourishing.
Nowhere is Jefferson’s position on
the importance of the exercise of human reason in the public arena and the
protection of public speech and public reason more evident than in his insistence
that religion be kept out of the affairs of the state. This is a hard lesson
that is arguably in need of repeating for current times. Just a bit of history
is in order to set the stage for the discussion of the relationship between
religion and the state. When most people today in the United States think of the notion of “the separation
of church and state,” they probably think of the First Amendment of the Constitution.
However, perhaps to the surprise of many, the First Amendment makes no mention
of “the separation of church and state.” What the First Amendment does say
is that “Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof.” Originally, then, the First Amendment
presumably gave free rein to religions while restricting the actions of Congress.
In his 1802 letter of reply to the Danbury Baptist Association of Connecticut,
President Jefferson established a “wall of separation between Church & State.” While
I make no claim to being a constitutional scholar, “a wall of separation” between
church and state clearly prohibits not just the imposition of state authority
in the practice of religion or the imposition by the state of a state-supported
religion but also the interaction between church and state. The doctrine
of the separation between religion and the state not only prohibits the meddling
by the state in the affairs of religion; it also prohibits the meddling by
religion in the affairs of the state.
This doctrine of the separation of the public affairs of
state and the private affairs of religion was first expressed publicly by Jefferson
in The Virginia Statute for Religious Freedom, which he authored in
1777.5 In the poignant preamble to this statute, Jefferson not
only rails against the possibility of a state-imposed tax to support a church—which
was perhaps the most politically volatile issue of the day—but he also insists,
more generally, that “our civil rights have no dependence on our religious
opinions, any more than our opinions in physics or geometry.” The Jeffersonian
doctrine of the separation of civil affairs from religious beliefs undercuts
the claims by some religious leaders that our politics must be informed by
our religion. Ignoring the more practical issue of the conflicts that arise
in a pluralistic society in which the citizens are deeply and irrevocably
divided about their religious beliefs, the commingling of religion with politics
threatens the very foundation upon which liberal democratic theory is based.
What this brief excursion into the philosophical framework
and political history of the constitutional democracy of the United States reveals is that there is an early
and persistent division between the public affairs of the state and the private
affairs of the individual citizens of the state. The clearest and sharpest
such division is drawn by the Jeffersonian principle of the separation of
state and church. There are important lessons to be learned from this brief
bit of history concerning the basic philosophical principles that frame the
general theoretical context within which public policy and legislation are
debated and formulated. Following in the Jeffersonian tradition, we must
adopt what I call the “Principle of Exclusion” that imposes a minimal prima
facie obligation upon the participants in public debates concerning the possible
adoption of coercive or restrictive public policy to refrain from appealing
to private beliefs in their public speech and debate.6 In
other words, in a pluralistic democracy, public policy must flow only from public speech
and public reason. Some might object that the Principle of Exclusion amounts
to a limitation on constitutionally guaranteed rights, such as free speech,
but I maintain that some such restriction upon unlimited free speech is necessary
to guarantee free speech itself. Furthermore, I maintain that some form of
the Principle of Exclusion is already operative in the United
States on some levels and in some situations.
Currently in the United States, situations that pit public reason
against privately held beliefs are finding the spotlight, and these situations
should serve to focus attention upon the issue of determining what kinds
of considerations are appropriate considering the theoretical framework within
which laws and public policy are debated and determined. Seventh-Day Adventists
believe that allowing certain medical procedures (including surgery) or taking
medications amounts to an invasion of the body by evil spirits and is an
abomination to God and threatens the afterlife of the spiritual soul. On
these grounds, medical treatment is often refused—even for minor children.
Similarly, consider the practice by some Muslims said to be demanded by Shari’a.
So, there are cases of denying or coercing medical treatments or medications
on unwilling citizens on the bases of religious beliefs—one practiced by
some Christians and one by some Muslims. Can one allow even the consideration of
private religious reasons in a public forum for determining laws or public
policy concerning the denial or coercion of medical procedures in a liberal
democracy? I maintain that one cannot. Now there might certainly be good public reasons
for denying or coercing medical treatments or procedures on unwilling citizens.
The unwilling citizens—including minor children—might be forced into quarantine
or to have inoculations to prevent the spread of some highly contagious disease
that threatens the public health. Many public water systems include fluoride
treatment as a routine matter of course. The public reasons for adopting
such public policies lend themselves to analysis, careful consideration,
and deliberation and appeal to the rational part of human nature, whereas
the religious reasons that spring exclusively from some religious authority
or tradition do not lend themselves to the same sort of careful examination
and critical analysis by human reason. The Jeffersonian principle of the separation of
the public state and private religion means that people are entitled to their
private religious beliefs without fear of state intervention. In fact, the
principle of separation guarantees and protects those beliefs from state
intervention. At the same time, however, those private religious beliefs
cannot be introduced into the arena of public debate about public policy
and the allocation of services and practices.
While there is no formal principle of exclusion or legal requirement
prohibiting a person from introducing private beliefs into public debate
in the public arena, there are obvious situations where the inappropriateness
of relying upon such beliefs is clearly recognized. Consider the procedure
used in the process of jury selection in state courts in the United States
for capital murder cases in those states that use the death penalty. Prospective
jurors who object to the death penalty on religious grounds are automatically
excluded from jury duty in such cases. Now what might be the underlying philosophical
explanation for this procedure? The answer seems to be that what we have
in this situation is nothing more than an implicit recognition of the Principle
of Exclusion. Here a citizen is in the most public of places that an ordinary
citizen is ever likely to be—in the courts of the land—doing the business
of the state, acting as a citizen qua citizen. It is in this public arena
that one must put aside private beliefs and act as a public figure appealing
only to that speech and that reason that is public. In this situation, the
citizen is being denied nothing to be told that he or she must put private
religious beliefs aside. One is still free to practice one’s religion and
to believe what one will without fear of state intervention or restriction,
but one cannot attempt to impose those private beliefs upon the state when
acting qua citizen. One can have whatever private religious beliefs one might;
however, one cannot bring them to the public table.
Another example involves the present hotly debated issue
of gay marriage in the United
States. President Bush has indicated his support for
a constitutional amendment limiting legal marriage to one man and one woman;
however, such an amendment was actually introduced some time ago by Marilyn
Musgrave, a congresswoman from Colorado.
Musgrave is now suddenly in the media spotlight, and to her credit (and regardless
of whether one might support or oppose such an amendment), she has refused
(to this point at least) to reveal or introduce her personal reasons for
supporting the bill. The matter, she has insisted, is one of public interest,
and thus only those considerations having to do with the social stability
of the country, such as the protection of the family, the welfare of children,
the impact on existing laws and policies, and economic considerations involving
existing programs, such as social security, should be introduced into the
debate. Arguments concerning these different considerations might go in different
directions for different people, but these are all considerations that are
open to public debate, analysis, and argument. One might be persuaded by
reason to agree or disagree with any of these highly relevant factors; however,
evidently Musgrave recognizes that the debate cannot even take place if people
introduce their own private, religious beliefs into the public arena. We
can see clearly, in this example, the trailing legacy of Kant’s and Jefferson’s
views of human beings as rational creatures who are educable, and it is to
this part of human nature to which one must appeal in the public debate involving
important possible changes in laws and public policy.
One must appeal to some form of the Principle of Exclusion
in a liberal democracy to preserve and guarantee the safety and security
of a well-ordered society. It is time to look at the alternative to the Principle
of Exclusion and the reasons why some people oppose it. Some scholars defend
what I call the Principle of Inclusion, the view that in the public forum
each citizen ought to be permitted, with no restrictions or limitations whatsoever,
to appeal to whatever reasons and speech that person might prefer. This is
a “no holds barred,” “the more the merrier,” “the sky’s the limit,” “let
the chips fall where they may” approach to the question of how to structure
the public forum for public debate.7 Now, initially,
this principle certainly seems to have a democratic ring to it—giving each
person his or her opportunity to say what he or she wants on whatever grounds
or reasons he or she holds most dear (including religious ones). It also
has a certain appeal to those who worry about any limitations on free speech
or freedom of religion. The Principle of Inclusion appears to get everyone
to the public table for political discourse on an equal footing with a level
playing field so the democratic process can then proceed in a manner to guarantee
that the outcome is “really” democratic.
Suppose, however, a devout believer insists that he or she
must be true to his or her religious beliefs and that his or her public actions
and speech must be informed by his or her religious views. Those who feel
this way might insist that this is a “Christian nation” and that the forefathers
of this country (except perhaps Jefferson) saw themselves
as acting upon religiously motivated views. What is wrong with this view?
The most significant reason why the Principle of Inclusion cannot work in
a pluralistic liberal democracy with religious diversity to grant blanket
approval for people to act publicly on their private religious views is because
for this principle to be operative in a continuing, stable society, one must
assume the Principle of Exclusion is in place. This is a fundamental,
theoretical point that will likely not be appreciated by those in the United States who
are a part of the religious hegemony. So long as the public expression of
one’s religious views is endorsed by the religious hegemony, things will
go smoothly; however, there is no theoretical guarantee that the hegemony
will allow all religious views to be expressed. The excessive inclusiveness
of the Principle of Inclusion cannot prevent limitations that might be imposed
by a religious hegemony that, as a part of its claim to exclusivity, denies
other religions free expression in the public arena.
Allowing appeals to private, religious beliefs provides
no theoretical prohibition against a religious oligarchy or a situation in
which the differences become so polarized and intractable that there is no
peaceful solution—creating what Audi has called a “Clash of Gods,” a “battle
to the death.”8 A “clash of Gods” represents
a conflict in which differing parties appeal to religious principles or beliefs
that are maintained on the sole basis of religious authority or tradition
and which do not lend themselves to resolution or even critical examination
by reason. Such a conflict results in a highly emotionally charged, intractable,
recalcitrant posture in which only violence appears to be a possible course
of action. There is no theoretical difference between an abortion opponent
who murders or bombs abortion clinics on the basis of religious belief and “terrorists” who
fly airplanes into buildings on the basis of religious belief. Both are enemies
of a well-ordered, pluralistic liberal democracy, and the only difference
is the scope of the attacks. There is an important reason why public policy
is called public policy.
The everyday consequences for a liberal democracy, which
maximizes individual freedom, are evidenced on a regular basis—both in the United States and in what I will call “developing
democracies.” Consider the celebrated case of the judge in Alabama who was censured for refusing to remove
a display containing the Ten Commandments. He maintained that the display
was appropriate because he believed that it was his devout religious duty
to insist that the proceedings of the court be informed by these religious
principles. The higher courts, in their wisdom, upheld the Jeffersonian principle
of the separation of religion and state. Those who insist upon the explicit
incorporation of their own religious principles or beliefs in the public
forum suffer from religious myopia. In a pluralistic society, there is an
obvious goose and gander issue that cannot be ignored. What if Muslims insisted
on displaying verses from the Qur’an? And what if others wanted to include
sayings of Confucius? Or Buddhists, directions concerning the Eight Fold
Path? The resulting unresolvable tangled mess is obvious. Or, consider the
present controversy about the inclusion of the phrase “under God” in the
Pledge of Allegiance to the American flag. What if a different religious
hegemony decides to include the phrase “under the one and only Allah” instead?
Or yet a different religious majority insists “under Yahweh” instead? Or
yet another religious group suggests “under Vishnu” instead? Contrary to
the position urged by some religious leaders, protecting religious freedom
in a liberal democracy means denying religious expression in the official
business of the courts of the land. A pluralistic and liberal democratic
society can be one nation only under no god.
The degree of separation of religion and state provides
a significant point of comparison amongst existing and developing democracies
as well as perhaps the most valuable lesson for addressing problems created
by the changing political landscape in the world today. If a liberal democracy
is to flourish in a pluralistic society, then the secular public forum in
which laws and public policy are instituted must be separated and insulated
from private religious influence. Consider the case of Israel, in which there is no pretext of the separation
of religion and state so far as marriage laws are concerned. The only marriage
ceremony recognized by the state is the Orthodox Jewish ceremony; no civil
ceremony for marriage is allowed. Interreligious marriages are not recognized
by the state, and other laws prohibit Jews and Palestinians who marry from
living together in Israel. So, whatever else the state of Israel might
be, it is not and cannot be a liberal democracy and is not and cannot become
a pluralistic society while such restrictions remain in place. In fact, such
laws seem obviously intended to stifle both freedom and diversity and, of
course, this is likely the intended purpose of such laws.
Compare the situation in France, a secular democracy and a pluralistic
society, facing a growing population of Muslims. Currently, France is considering
a ban on Islamic headscarves, Jewish skullcaps, and other conspicuous religious
symbols being worn by children in public (state-supported) schools. Why is
this such a big deal in France? One only has to think of the history
of France and
its domination by the Roman Catholic Church to realize the sensitivity of
the issue. In the not-too-distant past, religion controlled the state in France. While this
is a more complicated case, the public display of religious symbols can have
the force of religious speech and be interpreted as expressing religious
views. If those views are associated with what are taken to be violent or
civilly disruptive groups, then some regulation or prohibition might be in
order to preserve the security and stability of a pluralistic society. Something
of this same situation has arisen involving the burning of crosses or the
display of the Confederate flag in the United
States and the display of a swastika in Germany.
The reforms that have taken place in Iran over the past several years are perceived
by many to be progressive and as an encouraging sign for the spread of democracy
in conservative Muslim countries. After all, Shirin Ebadi was named the winner
of the 2003 Nobel Peace Prize (the first Muslim woman to be so honored) for
her efforts at securing basic human rights for women and children in Iran,
and there is no doubt that she has had an enormously positive influence in
a hitherto repressive society. However, in terms of the underlying political
framework within which the changes have taken place, the picture is not so
rosy. Ebadi won her victories by arguing with the religious clerics in power
for a more liberal interpretation of Muslim law and the Qur’an. In terms
of the political theory involved, one might see the effort as one of attempting
to make Islam more democratic. Although there are undeniably important and
immediate pragmatic consequences of this approach, in terms of the big picture
and the long run, this approach cannot be a successful recipe for providing
a basis for a liberal democracy. Such an approach simply sets the stage for
continued, intractable conflicts. The result is simply a more tolerant and
more liberal theocracy. A liberal democracy cannot be Islamic; nor can a
liberal democracy be Christian or Jewish. A society that is not religiously
pluralistic cannot be liberally democratic without providing the political
framework within which it might someday evolve into a religiously pluralistic
society.
The only theoretical framework that can provide maximum
freedom for citizens and preserve the security, stability, and peaceful functioning
of a well-ordered society in the face of pluralism is a strict separation
of religion and state resulting from the use of some form of the Principle
of Exclusion. It is no simple accident of history that the great political
revolutions of the eighteenth century that introduced democracy into the
modern world had to follow the scientific revolution. Galileo had to fight
and win his battle with the Roman Catholic Church, defending the use of the
scientific method over religious authority to investigate and provide knowledge
of the natural world before Jefferson could establish
his wall of separation between church and state. The advent of science provided
a reliable method of inquiry, theoretically available to the common person qua human
being, that contains the implicit recognition of human nature as capable
of doing the inquiring, acquiring the evidence, making the inferences, and
developing the theories without the necessity of divine guidance. It is then
a short step to regarding human beings as capable of determining their own
social and political ends and their values and goals.
These points should illuminate the dangers of the Principle
of Inclusion. When U.S. Army Lt. Gen. William G. Boykin characterized the
war on terrorism as a battle of God against Satan, he resorted to describing
the struggle on the same religious grounds as the terrorists themselves.
Boykin was quoted in the media as describing a battle against a Muslim leader
in Somalia in 1993
by saying, “I knew that my God was bigger than his. I knew that my God was
a real God, and his was an idiot.” What better illustration could one have
of Audi’s “Clash of Gods”? My god can beat up your god! But democracy can
be no more Buddhist, Hindu, Christian, Jewish, or Muslim than can science.
The long-term stability and security of a liberal democracy in a pluralistic
society requires a political suspension of the religious, and the great political
struggle in the world today is not a struggle between Christianity and Islam;
it is a struggle between secular democracy and religion.
To turn briefly to the matter of homeland security, one
can expect that some of the situations involving a conflict between private
beliefs and public policy will be directly related to homeland security,
and one should expect more and more such conflicts in the future. Recently,
for example, in the state of Florida,
a Muslim woman challenged the legality of the state law requiring a full-facial
photograph for a person holding a license to operate a motor vehicle. She
complained that requiring the photograph violated her right to freedom of
religion because, at least according to her interpretation, Islamic Shari’a required
her to wear a burqa veil so as not to show her face to men other than
her husband. The courts denied her claim on the grounds that the public interest
outweighed her private interest; however, and more poignantly, this case
serves to illustrate the double-edged nature of the principle of the separation
of church and state that leads to the Principle of Exclusion. There might
be legitimate considerations that a citizen might raise about various state
laws concerning the operation of motor vehicles, but allowing the introduction
of private religious beliefs into the equation invites chaos. In a pluralistic
society, such as the United States, where citizens are divided by
fundamentally incompatible religious beliefs, one cannot provide for a well-ordered
society and preserve the security and stability of that society by allowing
private religious beliefs to determine or influence laws or public policy.
Requiring this woman to have her photograph taken to operate a motor vehicle
is not a violation of her right to religious freedom. Operating a motor vehicle
on a public street or highway is a privilege granted and protected by the
state and, in a society in which such a privilege is granted, the state must
take appropriate measures to ensure that the exercise of the privilege is
conducted in an orderly manner that preserves the safety and security of
the society. Exactly what those appropriate measures are is a matter that
must be determined in a public forum and on grounds that are open to public
debate.
Presently in Iraq,
there is a test-tube case study of a developing democracy. How will this
experiment go? As Iraq’s Governing Council debates the issues and attempts
to draft an interim constitution and as the future, to-be-elected Parliament
tackles drafting a permanent constitution, a major area of dispute concerns
how much influence Islam will have in the constitution and government. There
is no more important issue in determining whether a constitutional liberal
democracy emerges that is stable and permanent. Shiite and Sunni representatives
have their own interpretations of the Qur’an and Islamic Shari’a.
At stake are the constitutionally guaranteed rights for the Kurdish minority
and for women. Although it must be the topic for another occasion and although
comparing political situations across epochs is always dangerous, the parallel
between the current political situation in Iraq and the situation in which Jefferson established his wall of separation between church and state
is striking. Jefferson similarly faced the passionate
opposition from several different religious groups—from the Anglicans to
the Baptists. If one can imagine the political situation in the United States
in 1802 as being charged with the same explosive volatility as the current
situation in Iraq, then one can begin to appreciate the enormous significance
of Jefferson’s stance. To paraphrase Jefferson in what is now a politically correct manner, “Religion is
a private matter between a person and his or her god and must be separated
from the public affairs of state.” A democratic state must be protected from
religious zealots of all stripes. This is one of the most crucial and theoretically
fundamental principles for preserving and protecting a stable, well-ordered
liberal democracy.
endNotes
1. Immanuel Kant, “An Answer to the Question:
What Is Enlightenment?” in Readings on
Human Nature, ed. Peter Loptson (Peterborough, Ont.: Broadview, 1998),
122. Not all liberals share this view of human nature. For example, for
comparative views and a discussion of the view of John Rawls, see Richard
Rorty, “The Priority of Democracy to Philosophy,” in The Virginia Statute
for Religious Freedom, ed. Merrill Peterson and Robert Vaughan (Cambridge:
Cambridge University Press, 1988), 257–82.
2. Kant, “An Answer to the Question,” 122. This
is a paraphrase of Kant.
3. This view of Jefferson’s
might be seen as representing the Enlightenment’s optimistic embodiment of
Plato’s claim that to know the good is to do the good.
4. This theoretical separation of religion and
the state is quite consistent with the fact that many of the founding fathers
of the United States were
personally motivated by religious belief.
5. Although drafted in 1777, the General Assembly
of Virginia did not adopt this statute until 1786.
6. I argued the importance of the Principle of
Exclusion in “On the Proper Roles of Secular Reason and Religious Reason
in a Liberal Democracy,” in Philosophy of Religion in a New Century, ed.
Jerald Wallulis and Jeremiah Hackett (Dordrecht,
The Netherlands: Kluwer, 2004), 335ff.
7. For example, see Nicholas Wolterstorff, “Why
We Should Reject What Liberalism Tells Us about Speaking and Acting in
Public for Religious Reasons,” in Religion and Contemporary Liberalism, ed.
Paul J. Weithman (Notre Dame, Ind,: University of Notre Dame Press, 1997),
175ff. I have criticized Wolterstorff’s claim in detail in “On the Proper
Role of Secular Reason and Religious Reason in a Liberal Democracy,” in Religion
and Contemporary Liberalism, ed. Paul J. Weithman (Notre Dame, Ind.:
University of Notre Dame Press, 1997), 336ff.
8. Robert Audi, Religious Commitment and Secular
Reason (Cambridge: Cambridge University Press, 2000), 174.