Moral Deliberation, Religious Freedom & Church-State Separation

I’m glad we live in a society where we have the freedom to believe whatever we want to believe.  No matter how crazy or dangerous some of these beliefs are, no matter how unreasonable and irrational some of them may be, and no matter whether some of these beliefs may hurt others and detract from their happiness and life fulfillment, we have the freedom to believe them nevertheless.  We also live in a representative democracy (for now at least), thereby granting us the freedom to vote for political representatives and the policies they stand for and in some cases granting us the freedom to vote for some of the particular laws themselves.  Combining these two freedoms, freedom of belief and freedom to vote, we have the freedom to vote for a particular candidate or law based on whatever reason or belief we wish.  It is this latter freedom that I believe is being grossly abused by so many in this country.

I’ve written previously about the imperative of democracy for any just society, but within that post I also mentioned the (perhaps) equal importance of moral deliberation within any just democratic framework.  People should be justifying their votes and their positions on particular issues through a moral deliberative process.  We do this to some degree already but not nearly enough and not in any useful public format.

We can’t simply leave it up to a room full of politicians to decide for us (as we primarily do now) as then all the individual perspectives that constitute and drive the public’s understanding of some issue become truncated, distorted, or superseded by some kind of misleading rhetorical caricature that can take on a life of its own.

Our society needs a political system which stresses the need to justify the laws enacted through moral deliberation not only to create more transparency in the political process but also to help resolve moral disagreements (to the best of our ability) through a process of open and inclusive critical discourse, helping to encourage citizens to form a more well-rounded perspective on public policy.  The increase in transparency is not only to help us distinguish between political aims that are self-interested from those that are actually in the public’s best interests, but also to point out the different fundamental reasons driving people’s voting preferences.  In order to point out errors in one another’s reasoning (if there are any errors), we have to talk with each other about our reasons and the thought processes that have led us to some particular point of view.  It may be that the disagreement is about a difference in what we value but often times its due to a rational argument opposing an irrational argument.

Moral deliberation would help us to illustrate when political or legislative points of view are grounded on beliefs in the supernatural or other beliefs that are not based on evidence that the opposing side can examine and consider.  We may find points of view that are dependent on someone’s religious beliefs, which if voted to become the law of the land, could actually exclude the religious freedom of others (simply by majority rule).

Let’s consider abortion and embryonic stem cell research as examples.  If through a moral deliberative process we come to find that people are voting to ban the right to an abortion or to ban the use of life-saving medical technologies that require embryonic stem cells, because they believe that human embryos have souls or some other magical property, then we need to point out that creating a law grounded on non-demonstrable religious beliefs (such as the belief in souls) is not something that can reasonably be implemented without violating the religious rights of everyone in that society that do not share their unfalsifiable belief in souls.  Those people should consider what they would feel like if a religion other than their own became endorsed by the majority and tried to push for legislation based on some other unfalsifiable religious dogma.

Ultimately, a majority rule that enacts legislation based on religious belief is analogous to eradicating the separation of church and state, but rather than having the church or churches with direct political power over our laws, instead they indirectly obtain their political power by influencing their congregations to vote for some law that is deemed acceptable by the church’s own dogma.  It’s one thing for a religious institution to point out what evidence or secular arguments exist to support their position or that of their opponents, whereby the arguments can at least move forward by examining said evidence and seeing where it leads us.  But when an argument is based on beliefs that have no evidence to support them, then it lacks the objective character needed to justifiably ground a new law of the land — a law that will come to exist and apply to all in a secularized society (as opposed to a theocracy).

If we are to avoid slipping further into a theocracy, then we need to better utilize moral deliberation to tease out the legislative justifications that are based on unfalsifiable beliefs such as beliefs in disembodied minds and magic and so forth, so we can shift the argument to exclude any unfalsifiable beliefs and reasoning.  Disagreeing on the facts themselves is a different matter that we’ll always have to deal with, but disagreeing on whether or not to use facts and evidence in our legislative decision-making process is beyond ridiculous and is an awful and disrespectful abuse of the freedoms that so many of our ancestors have fought and died to protect.

The arguments surrounding abortion rights and stem cell research, for example, once the conversation shifts from the personal to the political sphere, should likewise shift from those that can include unfalsifiable supernatural beliefs to those that eventually exclude them entirely.  By relying on falsifiable secular claims and arguments, one can better approximate a line of argumentation that is more likely to transcend any particular religious or philosophical system.  By doing so we can also better discover what it is that we actually value in our everyday lives.  Do we value an undetectable, invisible, disembodied mind that begins to inhabit fertilized eggs at some arbitrary point in time?  A magical substance that, if it exists, is inadvertently flushed out of many women’s uteri countless times (by failing to implant an egg after conception) without their giving it a second thought?  Or rather do we value persons, human persons in particular, with consciousness, the ability to think and feel, and that have a personality (a minimum attribute of any person)?

I think it’s the latter that we actually value (on both sides of the aisle, despite the apparent contradiction in their convictions), so even if we ignore compelling arguments for bodily autonomy and only focus on arguments from person-hood as they relate to abortion and embryonic stem cell research, we should see that what we actually value isn’t under threat when people have an abortion (at least, not before consciousness and a personality develops in the fetus around the 25th-30th week of gestation) nor is what we value with persons under threat when we carry out embryonic stem cell research, since once again there is no person under threat but only a potential future person (just as blueprints are a potential future building, or an acorn is a potential future oak tree).  If I choose to destroy the blueprints or the acorn to achieve some other end I desire, nobody should falsely equivocate that with destroying a building or an oak tree. Unfortunately, that is what many people do when they consider abortion or embryonic stem cell research, where even if they limit their arguments to falsifiable claims and make no mention of souls — they falsely equivocate the potential future person with an actual realized person.  In doing so, they falsely attribute an intrinsic value to something that is only extrinsically valuable.  It should be said though that the latter argument to ban abortion or embryonic stem cell research, while still logically fallacious, is at least based on falsifiable claims that can be discussed and considered, without any mention of souls or other non-demonstrables.

It should be pointed out here that I’m not saying that people can’t decide how they ought to act based on religious beliefs or other beliefs regarding magic or the supernatural.  What I am saying is that one should be able to use those non-secular reasons to guide their own behavior with respect to whether or not they will have an abortion or have their embryo used for stem cell research.  That’s fine and dandy even though I strongly discourage anybody and everybody from making decisions that aren’t based on reason and evidence.  Nevertheless I think it’s one’s right to do so, but what they most definitely shouldn’t do is use such reasons to justify what other people can or can’t do.

If I have a religious belief that leads me to believe that it is immoral to feed my children broccoli (for some unfalsifiable reason), should I try to make it a law of the land that no other parents are allowed to feed their children broccoli?  Or should I use my religious belief to simply inform my own actions and not try to force others to comply with my religious belief?  Which seems like a more American ideal?  Which seems more fair to every independent citizen, each with their own individual liberties?  Now what if I find out that there’s a substance in the broccoli that leads to brain damage if fed to children of a certain age?  Well then we would now have a secular reason, more specifically a falsifiable reason, to ban broccoli (where we didn’t before) and so it would no longer need to remain isolated from the law of the land, but can (and should) be instantiated in a law that would protect children from harmful brain damage.  This legislation would make sense because we value conscious persons, and because reasons that appeal to evidence can and should be examined by everyone living in a society to inform them of what laws of the land should and shouldn’t be put into place.

In summary, I think it is clear that our freedom of belief and freedom to vote are being abused by those that want to use their non-demonstrable, religiously grounded moral claims to change the law of the land rather than to simply use those non-demonstrable moral claims to guide their own actions.  What we should be doing instead is limiting our freedom to vote such that the justifications we impose on our decisions are necessarily based on demonstrable moral claims and beliefs (even if our values differ person to person).  And this still allows us the freedom to continue using any number of demonstrable and non-demonstrable moral claims to guide our own behavior as we see fit.  This is the only way to maintain true religious freedom in any democratic society, and we need to push for the kind of moral deliberation that will get us there.

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