[S]uch expressions of traditional Anglo-American nationalism and public religion would soon come to an end. In the wake of the Second World War, America, Britain, and other Western countries underwent a dramatic change in self-understanding. Somehow, a war fought to defend God-fearing democracy inadvertently ended up destroying the religious foundations of the victorious Western nations. Within a few years, the God-fearing democracies came to see themselves as liberal democracies, and liberalism replaced Christianity as the perceived source of whatever was good about America and other Western nations.
We can see the beginning of this change immediately after the Second World War in the American Supreme Court’s determination, in Everson v. Board of Education (1947), that state governments could no longer support and encourage religion—whether a particular religion or any religion. In theory, this decision is deduced from the First Amendment of the Constitution as applied through the Fourteenth. But the Fourteenth Amendment, passed after the Civil War to protect black Americans from violations of their right to due process under the law, had by this point been on the books for seventy-nine years without anyone supposing that support for religion by the states was a violation of anyone’s right to due process.
What had changed in the interim was not the letter of the law, but the narrative framework through which the justices of the Supreme Court, as representatives of elite opinion, understood the relationship between Christianity and the American nation. That there had been such a change is obvious from the fact that, in the aftermath of the Second World War, Justice Hugo Black felt he needed to provide a new story of the American founding—one broadly hostile to government encouragement of religion. Among other things, he writes:
It is not inappropriate briefly to review the background and environment of the period in which that constitutional language was fashioned and adopted. A large proportion of the early settlers of this country came here from Europe to escape the bondage of laws which compelled them to support and attend government favored churches. The centuries immediately before and contemporaneous with the colonization of America had been filled with turmoil, civil strife, and persecutions, generated in large part by established sects determined to maintain their absolute political and religious supremacy. With the power of government supporting them, at various times and places, Catholics had persecuted Protestants, Protestants had persecuted Catholics, Protestant sects had persecuted other Protestant sects, Catholics of one shade of belief had persecuted Catholics of another shade of belief, and all of these had from time to time persecuted Jews. In efforts to force loyalty to whatever religious group happened to be on top and in league with the government of a particular time and place, men and women had been fined, cast in jail, cruelly tortured, and killed.
In Black’s retelling, religion is no longer the source of American democracy and independence, as it had been in Roosevelt’s State of the Union address eight years earlier. On the contrary, religion is now portrayed as a danger and a threat to democratic freedoms. Indeed, the very form of the American Constitution is now said to have resulted from the excesses of religion that drove the first Europeans to settle in America. It is in the Everson decision, in other words, that we find some of the first intimations of the transition from a God-fearing democracy to a liberal democracy: one in which religion is perceived as being so great a threat that the federal government must act to safeguard every child in the country from being taught religion in a publicly supported school.--Yoram Hazony (2022) Conservatism: A Rediscovery, Part III" pp. 264-266,
This is the fourth in a series of posts on Hazony's Conservatism (recall the first one here; here the second one on Hazony's post-feminist conception of the family; and here the third one on Hazony's account of statecraft). In this series, I mix exposition with immanent critique (even if sometimes I am bad at hiding my own skeptical liberal commitments).
The quoted material is part of a chapter, "Liberal Hegemony and Cold War Conservatism," that introduces Hazony's intellectual history of the post WWII conservative 'fusionist' movement. It has major treatments of Russell Kirk, Hayek, Leo Strauss, and Frank Meyer. (Burnham is notably missing.) The first of these is, in many ways, closest to Hazony, but Kirk's defense of states' rights (and the racialism supporting it) are criticized by Hazony. (As I have noted, before Hazony is a fierce critic of ethnic and genetic accounts of nationalism.) The latter three are all treated as liberals, and criticized for their one-sided defense of individual freedom. The cumulative effect of the chapter is, to simplify, to show how the intellectual, 'fusionist' movement organized by and around Buckley's National Review somewhat unintentionally contributed to 'liberal hegemony.' For present purposes what matters is a common thread in these thinkers that in different degrees they are willing 'to privatize' (a phrase Hazony uses in context of Meyer) religion to a relatively domestic sphere.
Now, Hazony treats World War II as a major rupture, or a triggering cause, for the retreat from public religion Stateside. (He resists the temptation to throw this on the sixties youth culture.) His explanation for this change is that elite opinion -- shocked and shamed by the racial Nazi atrocities -- correctly retreated from Jim Crow and other forms of state enforced, domestic racial oppression, and then mistakenly treated other forms of state sanctioned distinctions as on par with the racial kind. By contrast, Hazony does not "believe these aims are substantively similar at all. However, it is important to recognize that the U.S. Supreme Court did fid them comparable. Indeed, it is fair to say that these two goals—erasing distinctions based on race and religion—were the principal engines driving the establishment of liberal-democratic government in America after the Second World War." (267) And this led to the mistake of "instead of engaging in a focused effort to assist black Americans in overcoming the racial barriers that had been placed in their way, the constitutional revolution of the 1960s set out to reconstruct America in the image of the social-contract theories of Enlightenment rationalist philosophy." (270)
My interest here is not to contest the historical accuracy of this narrative. But it is worth noting an important irony. As I have noted before, Hazony treats Locke as the key 'rationalist,' who is foundational to the 'Enlightenment liberalism' (and 'liberal democracy') that Hazony treats as a rival to his own conservative/federalist nationalism. And Hazony implies throughout his argument that the Lockean liberals are to blame for the retreat of public religion. The irony, of course, is that Locke thought only protestants ought to be tolerated, and that Catholics and atheists not. And while Jews could be tolerate in Locke's day, and in the American Founders' era, the thrust of his argument is that no such toleration is possible once there is a Jewish state (due to possibility of divided loyalty, which is the argument to reject toleration of Catholics).
The point here is not that Locke was a bigot, or even to suggest that the "spirit of old the Protestant republicanism" Hazony suddenly extolls in the context of Reagan's presidency, is rather Lockean in character (and so there is something off in Hazony's conceptual framework), but rather to look again at Justice Black's rationale (and by implication of those American elites) to change the relationship between 'government 'and 'Christianity.' And to point to a surprising equivocation in Hazony's position in which 'Christianity' is treated as a kind term and 'religion' or 'religious practices' a kind of synonym for it. We see this in how Hazony advocates for what he calls 'conservative democracy. I first quote the principle on which it rests:
Principle 3. Religion. The state upholds and honors God and the Bible, the congregation and the family, and the religious practices common to the nation. These are essential to the national heritage and indispensable for justice and public morals. At the same time, the state offers toleration to religious and social views that do not endanger the integrity and well-being of the nation as a whole. (337; this is repeated from pp. 30-1, end of chapter 1)
While Hazony rejects Locke's views on consent, in the practical effects this account of toleration (to tolerate 'religious and social views that do not endanger the integrity and well-being of the nation as a whole') is, thus, actually remarkably Lockean. And while Locke might emphasize more than Hazony the right to exit from one's congregation, Hazony, too, allows this as we have seen in his account of the nature of 'loyalty groups.'
Anyway, the principle is rather vague. And is to be balanced with a number of other principles. But the practical pay-off is articulated as follows:
Public religion. Conservative democracy regards biblical religion as the only firm foundation for national independence, justice, and public morals in Western nations. In America and other traditionally Christian countries, Christianity should be the basis for public life and strongly reflected in government and other institutions, wherever a majority of the public so desires. Provision should be made for Jews and other minorities to ensure that their particular traditions and way of life are not encumbered. The liberal doctrine requiring a “wall of separation between church and state” is a product of the post–Second World War period and is not an inherent feature of American political tradition. It should be discarded both with respect to majority religion and to minorities. (341)
That biblical religion is (in 'Western' contexts) the only firm foundation for 'national independence, justice, and public morals' might raise protests from liberals (like myself). But that does not concern me here. Rather I am interested in the consequences for religion to Hazony's view that a (local or national) "majority of the public" can impose their religious views on minorities. And I do so by returning to Hazony's treatment of Everson vs Board of Education quoted above.
In the passage quoted from Black's opinion of Everson v. Board of Education, justice Black is fundamentally concerned about the political effects of sectarianism that is repeated almost staccato like in the opinion: (i) 'escape the bondage of laws which compelled them to support and attend government favored churches;' (ii) 'the colonization of America had been filled with turmoil, civil strife, and persecutions, generated in large part by established sects determined to maintain their absolute political and religious supremacy; (iii) he power of government supporting them, at various times and places, Catholics had persecuted Protestants, Protestants had persecuted Catholics, Protestant sects had persecuted other Protestant sects, Catholics of one shade of belief had persecuted Catholics of another shade of belief, and all of these had from time to time persecuted Jews;' (iv) 'In efforts to force loyalty to whatever religious group happened to be on top and in league with the government of a particular time and place.' And the implication is that such sectarianism has also shaped American political life, or is a danger to it.
Of course, for much of American history, Protestantism was the majority religion. But Justice Black is writing in the aftermath of a huge, century long demographic shift toward Catholicism, and consequent increasing Catholic, political emancipation. The series of legal rulings that make the state retreat from enforcing religion in public life, can be understood as an attempt to pacify the potential for non-trivial sectarian strife not the least among Catholics and protestants, and among different protestant sects. In fact, liberals of the age (including Isaiah Berlin and John Rawls) suddenly start to emphasize (it's an innovation) the significance of religious wars as a foundational myth in the growth of liberalism.
That is to say, if sects can justly try to control government, this means that religious life will be politicized and factionalized permanently. Now, I think Hazony accepts that loyalty groups are intrinsically political (and hierarchical), although he underestimates what kind of leaders will rise to the top within religion if religion is a means to political spoils. But the dangers of sectarianism are obscured in Hazony's argument because he kind of tacitly assumes that 'Christians' will agree with each other. Of course, he is not unfamiliar with the history of sectarianism and political religious persecution. But because contemporary conservative Christians understand themselves, rightly or wrongly, as embattled against, and unified in opposition to, the near victory of (secular) Enlightenment liberalism/rationalism, Hazony never has to confront the dangers of doctrinal and factional sectarianism.
Let me close. In a way the problem of sectarianism makes the problem of statecraft I diagnosed in the previous post on Hazony's book worse. For in order to maintain peace among different religious sects, the wise politician must not only navigate a complex commerce of honors (and interests), as Hazony advocates, but s/he must also navigate a complex set of doctrinal and theological religious disputes founded on by no means durable majority opinion. This is a recipe for permanent political strife.
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