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Religion & Law

: Mirror of Justice

"Intervening Decision": A Response to Bob

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Bob provisionally suggests an equivalency between the intervening decision of a user of a school voucher and a user of government assistance to purchase abortion coverage arguing in both cases that we effectively "blind" the state in these matters for the time being because of deep disagreement among the populace over the role of faith in one's education and the moral status of the unborn respectively.

I would argue that the two cases are not equivalent for the following reasons.  As a People, I hope that we are in agreement that the intentional taking of innocent human life is wrong.  What we disagree about is the application of this principle to the facts in the abortoin context.  But, the facts are not really in doubt.  Biologically, the unborn child is a human being at an early stage of development.  Those who would deny this, deny it out of innocent or willfull ignorance.  Those who do not deny the science but nevertheless insist that abortion should remain a choice with the mother (the Roe court's term for the pregnant woman) disagree with the principle that the intentional taking of innocent human life is wrong.  To the extent that the Court will let them, I don't think the political branches must blind themselves to either the principle or the very clear scientific facts.

With respect to the role of religion in one's life and education, our country has a long history of what I might call soft public theism.  The Declaration of Independence, Madison's Memorial and Remonstrance ("Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governour of the Universe"), Washington's Farewell Address, Thanksgiving proclamations, Lincoln's Second Inaugural, etc. all testify to this.  We also have a strong tradition that religion can't be compelled or imposed.  Madison said "The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate."  Vouchers then are in one sense a way to honor and support what we as a Nation do agree upon.

I look forward to responses from Bob and others.

Full post as published by Mirror of Justice on March 14, 2010 (boomark / email).

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