William P. Barr, US attorney general, spoke at length about free speech and religious liberty at the University of Notre Dame on Oct. 11, 2019. Here are important excerpts from his speech.
Today, I would like to share some thoughts with you about religious liberty in America. It’s an important priority in this Administration and for this Department of Justice.
From the Founding Era onward, there was strong consensus about the centrality of religious liberty in the United States. The imperative of protecting religious freedom was not just a nod in the direction of piety. It reflects the Framers’ belief that religion was indispensable to sustaining our free system of government.
In his renowned 1785 pamphlet, “Memorial and Remonstrance Against Religious Assessments,” James Madison described religious liberty as “a right towards men” but “a duty towards the Creator,” and a “duty . . . precedent both in order of time and degree of obligation, to the claims of Civil Society.”
They crafted a magnificent charter of freedom – the United States Constitution – which provides for limited government, while leaving “the People” broadly at liberty to pursue our lives both as individuals and through free associations.
In the 20th century, our form of free society faced a severe test.
The challenge we face is precisely what the Founding Fathers foresaw would be our supreme test as a free society.
They never thought the main danger to the republic came from external foes. The central question was whether, over the long haul, we could handle freedom. The question was whether the citizens in such a free society could maintain the moral discipline and virtue necessary for the survival of free institutions.
No society can exist without some means for restraining individual rapacity.
But, if you rely on the coercive power of government to impose restraints, this will inevitably lead to a government that is too controlling, and you will end up with no liberty, just tyranny.
On the other hand, unless you have some effective restraint, you end up with something equally dangerous – licentiousness – the unbridled pursuit of personal appetites at the expense of the common good. This is just another form of tyranny – where the individual is enslaved by his appetites, and the possibility of any healthy community life crumbles.
Instead, social order must flow up from the people themselves – freely obeying the dictates of inwardly possessed and commonly shared moral values. And to control willful human beings, with an infinite capacity to rationalize, those moral values must rest on authority independent of men’s will – they must flow from a transcendent Supreme Being.
In short, in the Framers’ view, free government was only suitable and sustainable for a religious people – a people who recognized that there was a transcendent moral order antecedent to both the state and man-made law and who had the discipline to control themselves according to those enduring principles.
As John Adams put it, “We have no government armed with the power which is capable of contending with human passions unbridled by morality and religion. Our Constitution was made only for a moral and religious people. It is wholly inadequate for the government of any other.”
How does religion promote the moral discipline and virtue needed to support free government?
First, it gives us the right rules to live by. The Founding generation were Christians. They believed that the Judeo-Christian moral system corresponds to the true nature of man. Those moral precepts start with the two great commandments – to Love God with your whole heart, soul, and mind; and to Love Thy Neighbor as Thyself.
But they also include the guidance of natural law – a real, transcendent moral order which flows from God’s eternal law – the divine wisdom by which the whole of creation is ordered. The eternal law is impressed upon, and reflected in, all created things.
From the nature of things we can, through reason, experience, discern standards of right and wrong that exist independent of human will.
Modern secularists dismiss this idea of morality as other-worldly superstition imposed by a kill-joy clergy. In fact, Judeo-Christian moral standards are the ultimate utilitarian rules for human conduct.
They reflect the rules that are best for man, not in the by and by, but in the here and now. They are like God’s instruction manual for the best running of man and human society.
By the same token, violations of these moral laws have bad, real-world consequences for man and society. We may not pay the price immediately, but over time the harm is real.
Religion helps promote moral discipline within society. Because man is fallen, we don’t automatically conform ourselves to moral rules even when we know they are good for us.
But religion helps teach, train, and habituate people to want what is good. It does not do this primarily by formal laws – that is, through coercion. It does this through moral education and by informing society’s informal rules – its customs and traditions which reflect the wisdom and experience of the ages.
In other words, religion helps frame moral culture within society that instills and reinforces moral discipline.
I think we all recognize that over the past 50 years religion has been under increasing attack.
On the one hand, we have seen the steady erosion of our traditional Judeo-Christian moral system and a comprehensive effort to drive it from the public square.
On the other hand, we see the growing ascendancy of secularism and the doctrine of moral relativism.
By any honest assessment, the consequences of this moral upheaval have been grim.
Virtually every measure of social pathology continues to gain ground.
Along with the wreckage of the family, we are seeing record levels of depression and mental illness, dispirited young people, soaring suicide rates, increasing numbers of angry and alienated young males, an increase in senseless violence, and a deadly drug epidemic.
As you all know, over 70,000 people die a year from drug overdoses. That is more casualties in a year than we experienced during the entire Vietnam War.
I will not dwell on all the bitter results of the new secular age. Suffice it to say that the campaign to destroy the traditional moral order has brought with it immense suffering, wreckage, and misery. And yet, the forces of secularism, ignoring these tragic results, press on with even greater militancy.
Among these militant secularists are many so-called “progress-ives.” But where is the progress?
We are told we are living in a post-Christian era. But what has replaced the Judeo-Christian moral system? What is it that can fill the spiritual void in the hearts of the individual person? And what is a system of values that can sustain human social life?
The fact is that no secular creed has emerged capable of performing the role of religion.
We hear much today about our humane values. But, in the final analysis, what undergirds these values? What commands our adherence to them?
What we call “values” today are really nothing more than mere sentimentality, still drawing on the vapor trails of Christianity.
The consequences of moral chaos become too pressing. The opinion of decent people rebels. They coalesce and rally against obvious excess. Periods of moral entrenchment follow periods of excess.
This is the idea of the pendulum. We have all thought that after a while the “pendulum will swing back.”
But today we face something different that may mean that we cannot count on the pendulum swinging back.
First is the force, fervor, and comprehensiveness of the assault on religion we are experiencing today. This is not decay; it is organized destruction. Secularists, and their allies among the “progressives,” have marshaled all the force of mass communications, popular culture, the entertainment industry, and academia in an unremitting assault on religion and traditional values.
These instruments are used not only to affirmatively promote secular orthodoxy, but also drown out and silence opposing voices, and to attack viciously and hold up to ridicule any dissenters.
One of the ironies, as some have observed, is that the secular project has itself become a religion, pursued with religious fervor. It is taking on all the trappings of a religion, including inquisitions and excommunication.
Those who defy the creed risk a figurative burning at the stake – social, educational, and professional ostracism and exclusion waged through lawsuits and savage social media campaigns.
In the past, when societies are threatened by moral chaos, the overall social costs of licentiousness and irresponsible personal conduct becomes so high that society ultimately recoils and reevaluates the path that it is on.
But today – in the face of all the increasing pathologies – instead of addressing the underlying cause, we have the State in the role of alleviator of bad consequences. We call on the State to mitigate the social costs of personal misconduct and irresponsibility.
We start with an untrammeled freedom and we end up as dependents of a coercive state on which we depend.
Christianity teaches a micro-morality. We transform the world by focusing on our own personal morality and transformation.
The new secular religion teaches macro-morality. One’s morality is not gauged by their private conduct, but rather on their commitment to political causes and collective action to address social problems.
Law is being used as weapon in a couple of ways.
First, either through legislation but more frequently through judicial interpretation, secularists have been continually seeking to eliminate laws that reflect traditional moral norms.
At first, this involved rolling back laws that prohibited certain kinds of conduct. Thus, the watershed decision legalizing abortion. And since then, the legalization of euthanasia. The list goes on.
More recently, we have seen the law used aggressively to force religious people and entities to subscribe to practices and policies that are antithetical to their faith.
The problem is not that religion is being forced on others. The problem is that irreligion and secular values are being forced on people of faith.
We must be vigilant to resist efforts by the forces of secularization to drive religious viewpoints from the public square and to impinge upon the free exercise of our faith.
I can assure you that, as long as I am Attorney General, the Department of Justice will be at the forefront of this effort, ready to fight for the most cherished of our liberties: the freedom to live according to our faith.
Watch or read the full speech at: HBU.edu/p56-Barr