Should a government in a pluralist society such as the United States be neutral with respect to religious and secular ideas about the good life? Or should it promote a certain vision? Most Americans, recognizing that a government-sponsored philosophy would conflict with many citizens’ cherished beliefs (and possibly violate the establishment clause), would say that the government should be neutral.
But at the same time, they would want the government to defend and promote certain ideas—about human equality, for example—even if that promotion conflicted with the beliefs of some Americans. We want the government to be neutral, except when we don’t want it to be.
Jocelyn Maclure and Charles Taylor’s recent book Secularism and Freedom of Conscience succumbs to this doublemindedness. On the necessity of neutrality the authors write:
In the realm of core beliefs and commitments, the state, to be truly everyone’s state, must remain “neutral.” This implies that the state should adopt a position of neutrality not only toward religions but also toward different philosophical conceptions that stand as the secular equivalents of religions.
As they rightly acknowledge later in the book, certain restrictions on citizens’ religious beliefs and preferences are nevertheless unavoidable for a society to function. Here’s one example they give of a justifiable restriction on religious freedom:
Religious parents may request that their children be exempted from courses in sex education, ethics, religious culture, or civic education so that they will not be exposed to modes of life and beliefs that contradict or relativize the religious convictions transmitted at home. In such cases the exemptions requested may compromise the realization of one of the important aims of primary and secondary education, namely, to teach tolerance, peaceful coexistence and other civic skills within societies with diverse beliefs and values. . . .
It is more important than ever that the citizens of tomorrow have the knowledge allowing them to understand what is happening abroad and that they develop their capacity for rational dialogue. As a result, an education in tolerance and pluralism will in certain circumstances justify the denial of parents’ requests for exemption and the exposure of their children to subject matter at odds with the beliefs transmitted at home. That sort of restriction on freedom of conscience and parental authority is reasonable and justified as long as a particular conception of the good life is not imposed on children.
Notice the careful wording: They merely want to expose students to other beliefs, impart knowledge of international issues, and enable understanding of various worldviews. Most people, religious or otherwise, would consider these goals unobjectionable. (Indeed, as a Catholic, I wish I had learned more, not less, at school about other religions and philosophies.) It should be possible to give a relatively neutral, even-handed account of what various religions teach, at least if one stays out of the details.
As for parents who object to these classes, Maclure and Taylor specify that restriction on their freedom of conscience is “reasonable and justified as long as a particular conception of the good life is not imposed on children,” echoing their argument throughout the book that the secular state cannot favor any particular vision of the good life.
But is such neutrality possible? Isn’t valuing wide-ranging religious knowledge above parents’ desire to raise their children in their religion itself part of a conception of the good life—one that considers potentially undermining or downplaying religious differences to be worth the price of a (theoretically) more tolerant and cosmopolitan citizenry? Even if a school isn’t “imposing” that belief on children, it’s apt to transmit it in the course of religious education.
As this example shows, judging which restrictions on freedom of conscience are “reasonable and justified” involves weighing competing goods, and deciding how best to balance them requires a certain prioritization of goods. Same goes for some non-religious issues, like freedom of expression. Whether a country criminalizes “hate speech” hinges on what it considers the higher good: allowing citizens to speak freely, even if what they’re saying is generally deemed hateful, or keeping societal peace and encouraging citizens to accept each other’s differences.
That means the government must have its own conception of the good—though perhaps a minimal, vague, and almost universally accepted one—which through its actions and decisions it will communicate and teach to society. Even if the government is not explicitly imposing this conception on schoolchildren, it will certainly shape public policy. Which in turn will shape citizens’ ideas of the good, though more subtly than traditional indoctrination would. The government cannot be neutral.
Earlier in Secularism and Freedom of Conscience, Maclure and Taylor almost acknowledge this. They argue that in a pluralist society, “political stability” and “peaceful coexistence” require a widely acknowledged “range of values and principles that can be the object of an overlapping consensus.” “The aim of relying on common public values,” they explain, “is to ensure the moral equality of citizens so that, potentially, they can all embrace the state’s broad orientations on the basis of their own conception of the good.” There is, in other words, necessarily a state-sponsored orientation toward the good, which helps to maintain public peace and allow all people to exercise their rights as citizens.
It seems inevitable and often beneficial, then, for every government to have and promote some conception of the good. That conception may be minimal and widely shared, but I don’t think we can call it neutral.
Anna Williams is a junior fellow at First Things.
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Comments:
There's no point having a level playing field if the referee take sides.
A second thing not entailed by the idea of government neutrality is neutrality in effects. That is, that the state remains neutral between comprehensive doctrines doesn’t guarantee that its policy will have an equal effect on the variety of religions and moral beliefs out there. A liberal democracy will treat men and women as equal and protect against discrimination based on gender in its laws. That it does so may make it harder for parents who believe in hierarchical gender roles to pass those beliefs and values to their children. There’s nothing objectionable about this. This is I take it is what Taylor and Maclure are getting at in their discussion about education.
I agree – mostly. But the argument is recursive.
No, government need to promote a concept of the good. Government could explicitly promote a concept of stability or civic necessity -- while also inviting people to question the desirability of stability. For example, Jefferson argued that “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” And MLK argued against the stability that maintained injustice.
However, we then turn to the classic question: Assuming that ruling by 100% consensus is impossible, is it better to rule by force or by propaganda? Because I value freedom of conscience, I rather favor force: Imprison our bodies if you must, but leave our minds free. But this is expensive. Consequently pretty much every government, no matter how odious, promotes its policies with the argument that the polices are just, beneficial, etc. Thus, I suspect most people in the US will pay their taxes, and will do so not because they have a huge fear of being caught, but because they believe that it is right for citizens to pay taxes (or, somewhat similarly, because they’d be ashamed to be publically known as someone who evaded paying taxes).
In sum, ideally government would eschew any effort to tell people what is “good.” But in practice, only the most oppressive police state would have the enforcement mechanisms to govern in this manner. Thus, I reluctantly concede, governments must, in practice, promote a concept of the “good” simply to maintain order in an economic fashion.
A problem does arise though when government policy misunderstands "equality" to mean "the same" in all areas of human endeavor and culture.
What appears to be "neutral" is either [1] what the vast majority of society believes or agrees to, or [2] what a majority of the legal representatives of society believes or agrees to. The reason that what many writers here at First Things call "religious liberty" is increasingly under threat in the United States is that we are moving from definition [1] to [2]. Christians with orthodox anthropological beliefs (e.g. about human sexuality) find themselves left behind in the great shift.
http://freethoughtblogs.com/dispatches/2013/02/15/in-russia-you-cant-even-advocate-for-blasphemers/
"One man was convicted of a crime for selling t-shirts to support Pussy Riot."
Thus, proponents of such an ontological purview recognize human rights and human freedom in essentially autonomous terms--the absence of human constraints. Adherents to different political manifestations of this ontology view different "neutral" technocratic mechanisms--for "conservatives," the market, for "progressives," the State--as the sources of liberation. The conception of the good life mostly implicitly hidden under the guise of postivistic objectivity or neturality is one of freedom-of-indifference. A legal culture informed by such a conception of freedom essentially mediates, arbitrarily, between competing rights. Thus, as Anna Williams affirms, law is reduced to a utilitarian "weighing [of] competing goods, and deciding how best to balance them requires a certain prioritization of goods [or rights]."
David L. Schindler recognizes that a culture that sees the good life in terms of freedom-of-indifference will always favor the priorities of the strong over the weak--thus our "neutral" legal culture is one that, mostly implicitly, upholds, in the words of John Paul II, "a tyranny of the strong over the weak."
http://freethoughtblogs.com/dispatches/2013/02/15/israel-again-arrests-women-for-illegal-prayers/
"Police on Monday morning arrested 10 women for wearing tallitot while praying at the Western Wall, including Women of the Wall founder Anat Hoffman."
Thus, the liberal state condemns “as a State within the State, every inner group and community, class or corporation, administering its own affairs; and, by proclaiming the abolition of privileges, it emancipates the subjects of every such authority in order to transfer them exclusively to its own... Under its sway, therefore, every man may profess his own religion more or less freely; but his religion is not free to administer its own laws. In other words, religious profession is free, but Church government is controlled. And where ecclesiastical authority is restricted, religious liberty is virtually denied.” (Lord Acton)
This is what Rousseau meant, when he said, “whoever refuses to obey the general will shall be compelled to do so by the whole body. This means nothing less than that he will be forced to be free; [« ce qui ne signifie autre chose sinon qu'on le forcera d'être libre »] for this is the condition which, by giving each citizen to his country, secures him against all personal dependence.”
The comment raises the level of discourse and the moral tone of this site.



Their language is refined; their manner dignified and calm. They really believe that requiring and/or forcing others to participate in their project can be justified. They will liberate us "from the chains [we] revere". They will "educate" our children. They will free us to follow them. We will be grateful.