Monday, January 23, 2012 - 11:42 AM

On the campaign trail, Republican candidates such as Gov. Mitt Romney frequently criticize President Obama for moving America towards a "European-style entitlement society" with sclerotic social welfare programs and crushing debt burdens. Two recent decisions by the Obama administration raise the prospect that the White House might also be following the European ethos -- or at least the prevailing French model of "laicite" and aggressive secularism -- on religious liberty. With apologies to historic French America-philes such as Lafayette and de Tocqueville, this is not the direction our country should go.
Normally domestic policy developments like Obamacare insurance mandates and school employment disputes in Michigan wouldn't be of much relevance for a foreign policy forum like Shadow Government. But the administration's position on the recent Supreme Court case on Hosanna-Tabor Evangelical Lutheran School and Friday's Obamacare mandate eviscerating conscience provisions for religious institutions providing healthcare -- while appalling in their own right -- might also help explain a foreign policy puzzle that I have raised before -- why this administration has been so indifferent to the promotion of religious liberty abroad.
To briefly recap, on the Hosanna-Tabor case, the Obama Justice Department took the position that religious liberty does not protect the right of religious institutions to hire their own employees in accordance with the organization's faith commitments. And the Obama Health and Human Services Department mandated that religious institutions such as hospitals and schools need to fund and include sterilization, contraceptive, and abortifacient coverage in their health insurance plans regardless of any doctrinal convictions otherwise. Just how bad for religious liberty were these two positions that the White House took? So bad that the Supreme Court unanimously ruled against the White House on Hosanna-Tabor in a 9-0 smackdown (those votes included Obama appointees Justices Sotomayor and Kagan), and the normally understated US Conference of Catholic Bishops denounced the HHS decision as "literally unconscionable" and "a direct attack on religion and First Amendment rights."
The Obama Justice and Health and Human Services Departments -- with at least a green light if not a strong push from the White House -- embraced positions on religious liberty that can only be described as extreme. Religious believers may disagree among themselves on any number of theological, moral, and political issues, but they hold near unanimity on the imperative and importance of religious freedom -- in part precisely because religious freedom preserves the space for diversity and tolerance of differing opinions.
Why does this matter for foreign policy? Because it might help explain the Obama administration's otherwise baffling apathy on international religious freedom. I have lamented previously the administration's negligence on this issue, including the delay until over halfway through its first term to even put in place an Ambassador at Large for International Religious Freedom, and the complete omission of religious freedom from the 2010 National Security Strategy. When seen alongside the administration's myopic positions on the two domestic policies mentioned above, it is hard to escape the conclusion that this White House sees religious liberty with indifference.
While in any given administration cabinet agencies will have a degree of autonomy, on major issues like Supreme Court briefs and implementation of presidential initiatives, the agencies act only with the direction and blessing of the White House. In other words, these policies can't be dismissed as the benighted positions of mid-level bureaucrats. They reflect canonical dictates from the White House magisterium. And on foreign policy they send a clear signal to every last State Department bureau and country desk that religious freedom is not a policy priority.
To be fair, this does not mean that the administration is hostile to all aspects of religious liberty. The Obama White House of course opposes the imprisonment, torture, and execution of religious believers in oppressive countries, and has helpfully intervened on some high profile cases such as the Afghan citizen Said Musa and Iranian pastor Youcef Nadarkhani.
Part of the White House's problem stems from what appears to be a desiccated reduction of religious freedom to mere freedom of belief or freedom of worship. This is not merely an academic distinction. Religious freedom includes freedom of worship and belief, but also much more, and most fundamentally it protects the rights of religious believers to practice their faith in all of its imperatives. This means the right of the Dalai Lama to urge greater freedom for Tibetans, or Muslim reformers in Syria to call for an end of the Assad regime, or Christians in Egypt to demand greater political representation. Or American Lutheran schools to hire their own teachers, and American Catholic hospitals to determine what kind of services they will fund and provide. None of these cases are about "freedom of worship"; all are about religious freedom.
Religious freedom is not a partisan issue. Numerous Congressional Democrats have shown dedication and leadership in this area. And these recent moves by the White House are all the more disappointing considering the great efforts that the 2008 Obama campaign invested in outreach to religious voters, and the rhetorical priority given to religious freedom in President Obama's 2009 Cairo speech. Perhaps this might be a question to add to the long list that Fareed Zakaria somehow forgot to ask President Obama in his recent interview: were your campaign's religious outreach and your 2009 Cairo speech just empty talk?
Ironically, the Obama administration's efforts to diminish religious freedom come just as new scholarship and strategic thinking are demonstrating the connections between religious freedom and foreign policy equities such as peace, security, and stability. For example, Knox Thames describes in a recent essay in Small Wars Journal how religious liberty can strengthen counterinsurgency efforts, and Brian Grim and Roger Finke's new book finds a robust connection between religious freedom and reductions in political violence. My colleagues at the Religious Freedom Project at Georgetown University's Berkley Center explore a number of these issues in depth, exemplified by Timothy Samuel Shah's forthcoming book.
Finally, there is the public diplomacy angle. At least part of the reason behind the persistently low opinions of the United States in Muslim-majority countries stem from the worry by many Muslims that America stands for a secularism that is intolerant of religious faith and values. Unfortunately the Obama administration's recent policies will only reinforce this perception.
Joe Raedle/Getty Images
What the author is complaining about, equating current actions with France's ingrown hostility to religion is utter garbage.
Removing the "religious exceptions" to the ACA has nothing to do with attacks on the free exercise of religion, as claimed and more to do with understanding said right is not a be-all/end all of policy considerations. Religious exceptions still exist for those who serve exclusively one faith.
Where they are no longer available is for those who serve the general public, other faiths. People providing services to the general public do not have the right to impose discriminatory (sectarian) demands on their customer base. Non-Catholics are being forced to abide by religious dogma at the expense of their own health. Your right to free exercise of religion ends where it directly harms those not of the faith.
Equal protection under the law applies to private actors when they serve the public. Think of the Catholic Church's issues concerning "religious exceptions" to providing reproductive healthcare on the same lines as restaurants refusing to serve people of color and you will get the drift here.
The US has never been "aggressively secular" like France due to the overwhelming appeal of protecting the right of worship, especially among those of the minority faith of a community. [Something which still eludes French politics] This is just whining by people because they can't use religion as an excuse to impose their will on people not of the same faith.
The United States is considerably more religious as a nation than any of the other developed democracies of the world. We're closer to Turkey than to France, the UK, Canada, Japan or the rest of the First World as far as how conservative and religious we are. This piece just reeks of desperation to prove something that is very far from true.
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I do not understand what the author was trying to do. He really just wanted to talk about religious freedom in the US. He put his thesis at the bottom of the page saying that religious indifference can exacerbate a COIN situation. He should have led with that point, and ignored the U.S. example.
Sidebar I do not know how you can not agree with the Supreme Court though. That ruling was sound.
Religious freedom or religious diktat?
The author says: "Religious freedom ... ... most fundamentally it protects the rights of religious believers to practice their faith in all of its imperatives."
In ALL of its imperatives? Really?!?
This could mean that all the Danish cartoonists from the "Prophet cartoons" should be beheaded. Is that religious freedom?
This means that all apostates from Islam should be put to death. Is that OK?
And if one sect of Christians takes the Old Testament literally, then they can own slaves, kill gays, stone adulterers to death, etc. (and why should they not be free to believe it literally, after all, many now profess to believe that the world is 5000 years old).
No, religious freedom should NOT protect the rights of religious believers to practice their faith in ALL its imperatives, not when it overlaps with other people's lives.
Obama is the one protecting freedom
Since when do civil freedoms attach to organizations instead of individuals in the United States of America? I don't understand what grounds any of these groups has for claiming any constitutional freedoms.
That aside, if believing members of these organizations don't want to use the birth control and other contentious medicines offered in the health plans, they do not have to. However, by not offering them in the plan at all, these groups are clearly imposing their beliefs on their members, who are individuals and do have access to constitutional rights.
I suppose their is no right to have certain drugs offered in a drug plan, but in any discussion of freedom, it is the administration that is on the side of offering more choice and more freedom and the religious groups (and apparently the Supreme Court) that are not.
Typical shoddy thinking from the opposition, motivated by "Obama derangement syndrome".
The Hosanna-Tabor case is not so clear-cut as you suggest, or as the US SC ruling indicates. There was a real question of law involved regarding employment discrimination, and the Justice Dept. was completely appropriate in defending the EEOC ruling just as the EEOC was completely appropriate in their interpretation of relevant law.
More to the point, the idea that religious institutions can refuse to provide critical and basic healthcare protections to their employees simply due to their misogyny is deeply offensive. Religious institutions far too often justify their bigotry and prejudice by asserting they are privileged, and it is about time the government steps in and stops them.
This reads like the ramblings from an ADHD freshman poli-sci student.
Not sure who should be more embarrassed the author or FP.
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Interesting blog. It would be great if you can provide more details about it. Thanks you.Mitt Romney frequently criticize President Obama for moving America towards a "European-style entitlement society" with sclerotic social welfare programs and crushing debt burdens. Two recent decisions by the Obama administration raise the prospect that the White House might also be following the European ethos -- or at least the prevailing French model of "laicite" and aggressive secularism -- on religious liberty. With apologies to historic French America-philes such as Lafayette and de Tocqueville, this is not the direction our country should go. drudge report
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Shadow Government is a blog about U.S. foreign policy under the Obama administration, written by experienced policy makers from the loyal opposition and curated by Peter D. Feaver and William Inboden.
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