September 07, 2005
How far does religious freedom extend?
In a previous posting that dealt with the problems that arise when you allow religious oaths in selecting jurors, I suggested that many of the religion-related frictions that occur in society would go away if the public sphere was made secular, and religion and religious practices stayed in the private sphere.
But while that might take care of some of the irritations that currently consume a lot of time and energy (swearing oaths, prayer in schools, the ten commandments in courts and city halls, locations of nativity scenes at Christmas, etc.) it would not take care of other issues, even in the unlikely event that the country committed itself to such a strict secular-religious demarcation.
In a comment to that previous posting, Erin pointed out that the separation might be hard to maintain when certain religious practices were taken into account since those practices might overlap with the public sphere. For example, she points out that certain religious groups such as Christian Scientists do not believe in taking medicine and would not take their children to a doctor even in the case of life threatening illnesses. And she also raises the issue about other religious groups that practice female genital mutilation. Should a secular state defer to religious sensibilities and stay out of such matters?
In a response to Erin, Paul pointed out that the religious freedoms outlined in the Bill of Rights do not extend to actual practices, and that the courts have ruled that the state has an over-riding interest in the welfare of children that enables it to overturn the wishes of the parents if it feels that the life and health and well-being of children are threatened. So parental religious beliefs cannot be extended to cover actions that affect their children if those actions can harm their lives and well-being.
Not being a constitutional lawyer, I am not sure if that is the last word on the legal status currently prevailing in the US. But in some ways that is irrelevant because I am more interested in exploring what might be a reasonable way of reconciling the secular and religious interests in a society, and will leave aside specific questions of constitutionality and legality for others who are more knowledgeable in those areas to determine.
My own view is that people should have the freedom to believe anything they want, to practice their religion, to seek converts, and to gather with like-minded people to worship, provided all these things involve consenting adults who are making voluntary choices to participate. But religious freedom surely cannot be extended to those who would wish to impose their own belief on others or if the practices impinge on the rights of others.
I would also argue that secular laws should not have religious beliefs as their only basis. They must also have a secular justification. For example, you should not be able to pass a law that criminalizes homosexuality or prevents gay marriages just because some religious people find some objection to it in the Bible. Laws that regulate human behavior have to have a clearly articulated secular purpose.
Of course, drawing the lines between what religious practices are allowed and what not is always a tricky issue that requires an extended discussion (and usually litigation), but here I just want to deal with the rights of children. I agree with Paul that the state has a right, and even an obligation, to protect the rights of those in no position to defend their rights and children clearly fall into that category.
So I also agree with Erin and am firmly opposed to the genital mutilation of female children because you are causing irreversible changes on a child's body without the child being in a position to give informed consent. Once the child becomes an adult, they should be able to make such a decision for themselves.
That same argument should apply to male circumcision as well. This again is something that I believe should be decided by someone after they become an adult, but of course this practice is common and does not cause any outrage. One reason for the two different responses seems to be that male circumcision has been sanctioned by western religious traditions while female genital mutilation has not. And from what I have read female genital mutilation seems to be a very dangerous, painful, and sometimes life-threatening procedure.
But if we are to be consistent on this issue, we should say that parents should not have the right to violate the physical integrity of children and impose irreversible physical changes on their bodies purely on the basis of religion, and that policy should apply equally to male and female children.
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Tracked: September 26, 2005 08:35 AM