Anthropology and Religion Law

[Jim Maule]

A recent item in the Philadelphia paper included a discussion of the
Jersey City litigation. I can't find the article on-line, but the
gist of it poses an interesting perspective.

The writer is discussing "the clash over religion in public
life" and complains he would like to be in a place other than with
the "radical anti-religion (as I read it) of the American Civil
Liberties Union nor the perfervid theocracy of some elements of the
religious right."

He cites Kevin J. Hasson, founder of the Becket Fund for Religious
Liberty for the proposition that the debate is "best understood and
best resolved not as a debate over who God is but rather a debate
over who we are." Hasson suggests there are two different
anthropologies in public philosophy: a traditional one in which
people want transcendance and require freedom to undertake an
authentic search for it and to express what they believe they have
found; and a second one, "pop existentialist anthropology," in which
"people come with a built-in fear and alienation, and require freedom
*from* distressing claims of morality or eternity." Hasson's thesis
is that a government's position on religious liberty depends on the
anthropology to which it subscribes.

A government holding to the first will not impose an answer to the
question but will be favorably disposed to religion generally. A
government holding to the second will "seek to privatize religion
entirely, removing it from public culture whenever it can." He
writer that this is demonstrated by the clash between "the government
must be neutral among religions" and "the government must be neutral
as between religion and irreligion" as competing views of the EC.

Hasson wants the inevitable cases arising when the creche is banned
and Frosty the Snowman and plastic reindeer stay in the public place
to be resolved in neighborhood and civic venues. The result? Perhaps
"like Jersey City, NJ, where every year the city puts up a creche for
Christmas, a menorah for Hanukkah, proclaims Ramadan with a sign, and
celebrates the Hindu New Year with a Grand Phagwah parade, in
addition to hosting scores of other events." The writer points out
that the mayor "isn't espousing any particular religion in backing
these observances; he's merely acknowledging religion's role in
culture."

The ACLU is suing the city. The Becket Fund and Hasson are defending
it.

Interesting perspective, this anthropological view of law and
religion.

Jim Maule
Professor of Law
Villanova University School of Law
Villanova, PA 19085
maule at law.vill.edu
(610) 519 - 7135