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Lawrence M. Krauss

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Does Religious Liberty Equal Freedom to Discriminate?

Posted: 05/29/2012 3:27 pm

I happened to leave the country on the day that President Obama made his historical statement that he was in favor of same-sex marriage. I had expected his statement to ruffle feathers from those who found such partnerships difficult to reconcile with their religious beliefs, but I arrived back to find that the resulting outcry was completely counter-intuitive.

I had expected that some people might condemn him for a flawed morality. Instead, I found that the offensive was based on the argument that his defense of same-sex marriage represented an attack on religious liberty.

Maybe it is just because when visiting other developed countries it is sometimes easy to forget how it is possible that religious discussion can permeate politics as deeply as it does in the U.S., but nevertheless it seemed unfathomable to me that the president's statement that we should grant some additional rights to some individuals represented an attack on the liberty of others.

After all his statement was about the right to marry, which is a secular legal issue. Even if the state were to recognize same-sex marriages, churches, mosques or synagogues or other places of worship would not be required to hold wedding ceremonies within them or sanction such marriages because the no legal standing is attributed to such ceremonies or sanctions. Where is the attack on liberty?

Soon after that it turned out that many Catholic organizations raised an outcry when Katherine Sebelius, the Health and Human Services Secretary and a practicing Catholic, was invited to speak at the Georgetown University graduation ceremony. Many senior officials, including the Cardinal of Washington wanted the invitation revoked simply because Sebelius fought to get insurance coverage for women using contraceptives.

And this week, the Virginia House killed the appointment of a qualified judicial nominee... because he is gay!

All of these developments suggest that the banner of 'religious liberty' is effectively more akin to the 'right to discriminate.' For the state to treat organized religious groups differently than it does other organizations implies special rights for these groups to behave differently than others. But this requires such religious groups to determine who is in the "in' group, and who is in the 'out' group, and because religious doctrine guides moral behavior, it provides an opportunity for members of the group to condemn the behavior of those not in the group.

Recently the Institute I direct at Arizona State Universe brought together experts in psychology, neuroscience, anthropology, and primatology to examine the origins of xenophobia in modern human societies. Clearly there are deep biological causes for what is now a cognitive social phenomenon. At a cellular level it is obviously advantageous to be able to distinguish foreign organisms within the body. Our primate cousins often rely on rather violent assaults by groups on non-members who may wander into their territory as a way of asserting reproductive control. And some sociobiologists and evolutionary psychologists have argued that group selection is an important force driving human evolution, and that ritual and religious ceremonies that build cohesion established an early advantage for tribal groups as they competed for resources.

Whatever the evolutionary basis of religion, the xenophobia it now generates is clearly maladaptive. In a democratic society, in principle governed by reason, denying the rights of human beings for whom biology differently directs the basic human drives of sexual attraction, or the rights of women or men to control their sexual behavior should not be identified with liberty.

One might rationally argue that individual human beings should be free choose what moral behavior they approve of, and which they don't, subject to the constraints of the law. But when organized religious groups gain power of any form, power over the state, power over women, or power over children, the results inevitably lead to restrictions on liberty based on discrimination.

Happily, the number of adults who claim some religious affiliation has been dropping in the United States at a steady rate, from 91 percent in 1948 to 77 percent in 2008, and most recently in the UK the number of adults surveyed claiming no such affiliation was as high as 50 percent.

It is thus possible to imagine a time when religious adults, and the institutions with which they are affiliated, will be in the minority. Until that time it is nevertheless incumbent upon us to recognize that it is inappropriate for religion to play any role in issues of state in modern democracy. Organized religion, wielding power over the community, is antithetical to the process of what modern democracy should define as liberty. The sooner we are without it, the better.

Lawrence M. Krauss is Director of the Origins Project at Arizona State University. His most recent book is A Universe from Nothing.

This post originally appeared on richarddawkins.net

 
 
 
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I happened to leave the country on the day that President Obama made his historical statement that he was in favor of same-sex marriage. I had expected his statement to ruffle feathers from those who ...
I happened to leave the country on the day that President Obama made his historical statement that he was in favor of same-sex marriage. I had expected his statement to ruffle feathers from those who ...
 
 
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08:56 PM on 06/01/2012
Democracy is not run on reason, democracy is run on herd mentality. Democracy is also based on discrimination, which is that the minority, i.e. below 51 % of the vote by the people, do not get what they want. This is how democracy works. Lawrence needs to stick with astrophysics and cosmology, that is where his talents lay, and also to stay out of this normative claims. It does not suite him.
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mansterEZ
searching for secular humanist fact-based truth
04:47 PM on 06/02/2012
A parliamentary system does not work on a winner-take-all mentality and that's the most dominant democracy on the planet. You are soooo misinformed.
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Dan Jighter
07:29 AM on 06/03/2012
Good thing the United States is not a democracy, the United States is a republic ran in accordance with the Constitution.

If a sufficient majority of people will that a certain thing be done and that thing is in accordance with the Constitution, then we tend to let them have their way. But sufficient majority might not be 51%, it might be a 2/3 supermajority. And if the will of the majority violates the Constitutional rights of the minority, then they don't get their way. Period.

Also, democracy runs on discrimination against policies, not discrimination against people. If 51% of the people want a tax cut, then we institute a tax cut. But we don't then ban the people who opposed the tax cut from eating in certain venues, bearing arms, or marrying. Outside of deciding on policy, all American citizens are supposed to be treated equally under the law, as per the 14th Amendment. You can't just have the government treat groups of people differently just because a difference in sexual orientation or something, not unless you have a very good reason (enough to pass various scrutiny tests such as Rational Basis or Strict Scrutiny when applying the 14th Amendment).

With due all respect, based on your comment you have no idea how the US government works. I think you should stick to where your talents lay. Given that you don't, and given Lawrence makes a lot of sense, I think Lawrence Krauss should speak on whatever wishes.
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ksuetorres
Truth, Fairness, Civility
11:36 AM on 06/01/2012
It was ever thus. Witness Crusades, Inquisitions, witch hunts, the KKK. . .American Christians seem to have no problem seeking to impose their religion on others, in the mistaken belief that no wrong could ever be perpetrated in the name of Jesus. Yet they will deny rights and uphold violence against those outside their little bubble, and feel righteous about it.
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dkelban
03:56 PM on 05/31/2012
No, it doesn't. Just because some people can't get through their day without believing in the invisible man in the sky, doesn't give them the right to self-righteously hurt others, which-if they'd read their precious religious document, they'd see is very unholy. Unfortunately, the first thing to go with "holy people" is usually their holiness. This is predictable, as their is something incredibly narcissistic and grandiose about thinking the creator of all matter and energy stays up all night worrying about you.
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12:17 PM on 05/31/2012
Sadly, I doubt we'll ever be rid of religion. It seems to be a natural aberration of thinking itself, a thought-virus... a cold of the mind... which will always be spreading and infecting those vulnerable to such things. And tragically, once lost to the hive-mind of the religious entity, it seems almost impossible to reach the individual, automonous being ever again.
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Jamesp221
Do what's right because it's right and leave it al
11:42 AM on 05/31/2012
having religious liberty, having any sort of liberty, means that you are allowed to have or form any opinion you like. whether it be negative, supportive, or prejudice. It does NOT necessarily give you the right to act out your opinions and make people seem or feel like less of a person simply because they are different from you. That crap should have ended on the play-ground a long time ago.

An opinion, whatever it may be, is just fine. When you start to act in a way that degrades people and takes their freedoms away because you get your underwear in a twist you become wrong, and incredibly childish.
09:51 AM on 05/31/2012
What and incredibly scary and frightening article. Hitler in 1939 was able to invade Poland because they had attacked Germany first. His attack was argued as a "defense" of the homeland. It is crucial we understand how language is used and how it is manipulated. If Christians suddenly "developed" a stand on homosexuality that was new or outside of their tradition that would be one thing. But this is a traditional Christian tradition whether catholic, orthodox, or traditional protestant dating literally back thousands of years. Christians therefore are simply standing in a long line of their tradition. Society and Government are the ones who have redrawn boundary lines not the Church. This is what I mean, by flipping language.

What this article is doing is flipping the one who is making the attack. "Defending" liberty by calling names, belittling and flipping language is not "defense of liberty." It's killing some of your own soldiers and then saying you were "attacked" i.e. Germany 1939 like behavior. The issue here that is frightening is how easy the people on this post will become "defenders of liberty" by burning churches killing "hate mongers", and putting people into "reeducation camps" all in the name of "defending liberty" Be careful you all need to pay attention to how language is used. Beware of those who object to concentration camps and Church burning as "haters of liberty" and enemies of "freedom" because I'm sure you'll be next.
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SkeleTony
10:52 AM on 05/31/2012
Woah. Hey guy, no one here has even come anywhere NEAR suggesting we should burn churches or attack/kill people. I am not sure which article or which responses to said article you are reading but you need to get a grip here.
No one here has "flipped language"(and your Germany/Poland analogy is so full of holes that I don't even want to derail this thing by getting into that). I mean...I hate to be so blunt here but WTF are you even talking about here?!
11:24 AM on 05/31/2012
"Religious thinking" is anti-civilization." -Marind 05/29/12. (what should we do with "anti-civilization people? If they are talaban we kill them don't we?)

"Certainly there are liberal Christians who are open minded about these things. They're not the problem." selawarepatterns 05/29/12
(In other words people who don't agree with me are "the problem" How does one solve 'the problem"? do we reeducate them, murder them call them names? ect?)

"The problem is that those fundamentalist wingnuts got control of the religious organizations." - Brin Frang (once again another person who see's the issue as "a problem" instead of a valid difference in view. wing nuts are in control of organizations. what should we do? Kill them, murder them put them in reeducation camps?)

"What!!! You aren't paying for a thing. Sorry but I feel zero sympathy for religious people" -realitychk13. (zero sympathy. Would he have sympathy is they were murdered?)

"Happily, the number of adults who claim some religious affiliation has been dropping in the United States at a steady rate, from 91 percent in 1948 to 77 percent in 2008, and most recently in the UK the number of adults surveyed claiming no such affiliation was as high as 50 percent." -author of article. (happily!?!? This means this is GOOD news? eliminating religion is not a tragedy it's "good news" How far should we take this "good news?"
11:30 AM on 05/31/2012
My point, skeletony was that the situation has been turned on it's head. Society and government have redrawn the boundary lines of what acceptable and what is not. The church objects to these redrawn boundary lines and they are "discriminating"? The church is not the one who has redrawn boundary lines society and government have. To portray them as discriminating when they are simply saying what the Church has traditionally said over the last 2000 years is to pull a Hitler with Poland all over again. The aggressor is portrayed as the victim and excuses aggression as "self-defense" actions. when in fact they are not.
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Dan Jighter
11:08 AM on 05/31/2012
"But this is a traditional Christian tradition whether catholic, orthodox, or traditional protestant dating literally back thousands of years. Christians therefore are simply standing in a long line of their tradition."

So what?

Why should society be ran based on tradition? Why should we respect the traditions that discriminate against various minority groups?

Finally, why should I respect any religious tradition as a way to run policy when you have no evidence of a god or the accuracy of much of anything within the Christian religion? And why should I let Christians discriminate against my gay friends and stop them from marrying? I think you need a far better excuse than tradition to answer those questions.

Concerning liberty, what about the liberty of my gay friends who want to marry?

"The issue here that is frightening is how easy the people on this post will become "defenders of liberty" by burning churches killing "hate mongers", and putting people into "reeducation camps" all in the name of "defending liberty""

NO WHERE in Lawrence's blog nor in this comment forum has anyone said or suggested ANYTHING remotely like that. Seriously, where did you get this idea? What serious basis do you have for this accusation? I think this accusation is baseless and is pure fear and bigotry.
01:39 PM on 05/31/2012
"Why should society be ran based on tradition?" HAHAHAHAH That's hilarious! your speaking English Why? Because thats the tradition you were raised with. Tradition is a HUGE part of EVERY society. your living in a fantasy world where you exist in a tradition less vacuum. Such a thing does not exist. Traditions are all around us everywhere. Sunday afternoon football. LEGAL president is nothing president tradition. LAW is simply codified tradition. Morality is tradition; the idea of not having to respect any religious tradition traces its line back to the enlightenment, and even further back to protestant tradition. Pretending your in some traditionless vacuum is silly and ignorant. The questions ISN'T whether or not you HAVE a tradition but what tradition your following.
01:44 PM on 05/31/2012
"And why should I let Christians discriminate against my gay friends and stop them from marrying?" Ok why should any one "discriminate" again pedophiles and prevent a 31 year old from marrying a 12 year old who is consenting? The whole point of my response was that that language of discrimination and oppression is simply a language of PERSPECTIVE. In your perspective its "discriminating" to prevent gay couples from being married, but it's (presumably) not "discriminating" to prevent a pedophile from having sex with a 12 year old. Why? More over the church has had this perspective for a VERY long time. What has changed is NOT the Churches position but societies perspective on what is or is not "right or wrong". If you can vilify a group's 2000 years old traditional view, you can vilify anything.
03:54 AM on 05/31/2012
I completely agree. Separation of church and state is in the constitution. Religion has NO PLACE in the law.
09:21 AM on 05/31/2012
Where exactly is separation of church and state in the Constitution? Because it is not actually in the Constitution. Maybe you should read it.
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SymoneSayz22
here
10:48 AM on 05/31/2012
The constitution also does not say the freedom of religion means you are free to force others by law to practice and follow your beliefs. Rather the opposite....congress shall make NO law regarding religion. Banning certain people from equality under the law ie same sex marriage, because people have religious objection is very unconstitutional.
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SkeleTony
11:02 AM on 05/31/2012
While the phrase itself does not appear in the Constitution, the principle DOES and was explained to the Dansbury Baptists by Thomas Jefferson in his famous letters to those Dansbury Baptists. You see our forefathers came from the "Enlightenment" period and were all too aware of what Theocracy always lead to and they sought to do away with that by making the government completely neutral on matters of religious faith. The ONLY way to do that is to have a strong wall of separation between church and state.
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Valksy
civis mundi sum
08:52 PM on 05/30/2012
Allowing religion in to law is a train wreck. It can be neither proven nor measured sincere. And unless the "one true religion" is to be named then anyone believing in anything is free to circumvent legislation.

It must never be allowed to have a foothold. The consequence is catastrophic.
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mansterEZ
searching for secular humanist fact-based truth
01:16 PM on 06/01/2012
Agreed. One must always remember beliefs upon which all religion is based DOES NOT REQUIRE the presence of scientific empirically provable facts in evidence as support for a conclusion or contention. The practice of good government is dependent on the accumulation of said facts in order to determine what is best for the greatest amount of people over the longest period of time. Religion is therefore the antithesis of civil government.
09:02 PM on 06/01/2012
How is religion the anthithesis of civil government when, as Michael Shermer himself said on the Dylan Rattign show about a week ago, that religious people tend, on average, to be more moral, to be more generous with their money to those less fortunate, and tend to be happier, than those who are not religious? Does not a civil government work best when their citizens, on average, are happier, more moral, and give more to those in need?
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WaldoForever
Gentleman and Scholar. Mostly.
04:41 PM on 05/30/2012
Part of the problem is that religions are totalizing - i.e. they create a worldview that is pre-defined as universally correct - and totalizing worldviews have difficulties with pluralism. Many religious people manage to step up to an interfaith or even mystical perspective that integrates their faith with the presence of other beliefs, but those who can't inevitably end up rejecting pluralism out of hand. They cannot accept the concept of 'different-but-good', because that would make their own worldview relative rather than total, so they either retreat into insular communities or try to push their beliefs outward onto everyone else.

To a mind absorbed in a totalizing faith, gay marriage, contraception, and the like probably do seem like infringements on their liberties, because such issues confront people against their will with ideas external to their beliefs. It's a kind of forced education, and if you think back to a class you hated in high school you know how unpleasant being forced to learn can feel.

Don't get me wrong: In my view it's high time these people learn acceptance, so I'm not averse to confronting them with concepts they are uncomfortable with. It's not a violation of your civil liberties to be exposed to other worldviews. But I have sympathy.
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mansterEZ
searching for secular humanist fact-based truth
03:57 PM on 05/30/2012
WOW!! Excellent analogy Lawrence. Being rational reasonable and responsible should replace religious idealism before we can move forward into the future. If not this country will be short-lived and real democracy with it.
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grappler1987
Heaven is a gift, not a reward
03:49 PM on 05/30/2012
"I found that the offensive was based on the argument that his defense of same-sex marriage represented an attack on religious liberty."

What is the source of that finding?
04:24 PM on 05/30/2012
His observations of course, based on countless statements from various religious groups.
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grappler1987
Heaven is a gift, not a reward
09:14 PM on 05/30/2012
What is the source of your finding?
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GlassMask
Comedian/Curmudgeon
03:34 PM on 05/30/2012
If religious folks serve a power they consider greater than a country or its people, jow can they possibly serve the country or the people well? They have a stronger allegiance to a (fictional) foreign power, so they will never have the people's best interests at heart. As Brother Sam Singleton pointed out, it was a sad day when he discovered his parents loved god more than they loved him...
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grappler1987
Heaven is a gift, not a reward
04:28 PM on 05/30/2012
Not a George Washington fan?
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SkeleTony
11:06 AM on 05/31/2012
George Washington? You mean the most likely non-religious if not outright atheistic George Washington? The one who refused to say 'Grace' at his table and all that? What does he have to do with this?
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SolarPowerGuy
Ph.D., Immunology; Solar power @ home; Green Party
03:18 PM on 05/30/2012
A related question: should churches pay taxes?
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Tylerious
My mom thinks I'm awesome
03:25 PM on 05/30/2012
YES
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GlassMask
Comedian/Curmudgeon
03:30 PM on 05/30/2012
Back taxes would be awesome too...
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02:35 PM on 05/30/2012
Does Religious Liberty Equal Freedom to Discriminate?

That's certainly what the christotaliban wants.
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Cole 33
Careful. We don't want to learn from this.
02:31 PM on 05/30/2012
The reason the Religious have to use the mask of false persecution and "religious liberty" in their fight to use their religious belief as a methodology to establish national laws or prevent equal rights for all, is that they are well aware that the country was founded on the notion that religious belief cannot be used to determine or establish LAWS or PREVENT rights, especially from organized religions

The entire premise of our country is the idea that you can pursue individual liberty and happiness, free from the interference of a government using a specific religious belief system to determine it's laws.
The brilliance of the founding fathers was to realize that the only way to protect *individual* religious freedom for all is to have a government that is completely secular. (they were not trying to protect organized religion)

You'll notice the ONLY opposition to allowing gay americans from holding a legal marriage contract, is an opposition from RELIGIOUS belief.

That is not being addressed in this issue enough, or really at all.