Anthony Esolen gives shelter and clothing to neo-Calvinists in his piece opposing neutrality in matters of public life. As we so often here, it’s impossible:
On the impossibility: consider the effects of a permission that radically alters the nature of the context in which the action is permitted. We might call this the Nude Beach Principle. Suppose that Surftown has one beautiful beach, where young and old, boys and girls, single people and whole families, have been used to relax, go swimming, and have picnics. Now suppose that a small group of nudists petitions the town council to allow for nude bathing. Their argument is simple—actually, it is no more than a fig leaf for the mere expression of desire. They say, “We want to do this, and we, tolerant as we are, do not wish to impose our standards on anyone else. No one will be required to bathe in the raw. Live and let live, that’s our motto.”
But you cannot have a Half-Nude Beach. A beach on which some people stroll without a stitch of clothing is a nude beach, period. A councilman cannot say, “I remain entirely neutral on whether clothing should be required on a beach,” because that is equivalent to saying that it is not opprobrious or not despicable to walk naked in front of other people, including children.
From this he goes on to comment on religion in the United States under a liberal secular government:
The virtue of religion, as our founders used the word, pertains to the duty that a person or a people owe to God. Now there either is a duty or there is not. You cannot say, “The People must remain absolutely neutral as to whether the People, as such, owe any allegiance to God, to acknowledge His benefits, and to pray for His protection.” To say it is to deny the debt. It is to take a position while trying to appear to take none. To decline to choose to pray, now and ever, is to choose not to pray. It is to choose irreligion. One should at least be honest about it.
The reader will no doubt know which side I take on these issues. My point here is that for certain questions, neutrality is an illusion. The nakedly secular state is not a neutral thing. It is something utterly different from, and irreconcilable with, every human polity that has existed until a few anthropological minutes ago. It is itself a set of choices which, like all such, forecloses others; a way of living that makes other ways of living unlikely, practically impossible, or inconceivable.
One odd aspect of this argument is that many Roman Catholics (Anthony Esolen’s religious tribe) would have appreciated a tad more neutrality from public officials for about a 170-year swath of U.S. history (1790-1960). Most American Protestants didn’t grasp the privilege they enjoyed by virtue of certain political ideas embodied in the Constitution and that the Vatican did not finally embrace until the Second Vatican Council. Protestants also enjoyed a semi-monopoly of public education, a situation that forced many bishops to sponsor parochial schools. In which case, I could well imagine that if Anthony placed himself at a different time in U.S. history he might be able to empathize with those Americans who take some comfort from a government that tries not to take a side among religions.
Related to this is empathy with state officials who are trying to decide about a nude beach. Maybe they cite chapter and verse from the Decalogue and enlist the support of Protestants, Roman Catholics, and Jews. But what if they also want the support of the large collection of journalists and engineers in town who work for National Public Radio. Maybe they use an argument against a nude-beach on the grounds supplied by a non-religious argument.
One of the problems the Religious Right has faced, in my view, is an inability to arrive at just such common rationales for what they believe. The logic of the Lordship of Christ or w-w says that all of me is religious so I need to make a religious argument. But lots of non-religious people would also favor a beach where bathers did not reveal their private parts. That this outcome seems far fetched in the case against neutrality may show how much the religion-is-all-of-me has prevailed. But why is it unlikely that many parents in the United States, even if they don’t attend a church or synagogue, would oppose a nude beach? And why is it necessarily a betrayal of my faith if I try to find a rationale for conventional Christian morality that also appeals to a non-Christian?
The bottom line I keep coming back to: if neutrality is not something we shoot for no matter how sloppy it will be, then do we need to return to the confessional state where only Protestants or Roman Catholics run things? That would certainly cut down on the pluralism of our societies and may bring a return of the ghettoization of religious dissenters. Do opponents of neutrality have a stomach for that? If not, maybe they should keep their clothes on.