Defending Civil Society: Religious Advocacy in America Allen D. Hertzke Religion and Civil Society The Changing Faces of ‘Religion’ and ‘Secularity’ 7 th -8 th June 2012 University of Navarra and Harvard University Law School

Why it Matters: Historic Moment of Promise and Peril Global validation of the centrality of religious freedom to civil society, democracy, and peace Worldwide crisis of repression Unique American role in upholding religious freedom and independent civil society If we lose the battle at home we undermine our ability to promote it abroad

Correlation of Religious Freedom with Other Freedoms and Well-being within Countries

Religious Freedom Broader Religious Participation Positive Contributions of Religion to Society Social Restriction of Religious Freedom Violence related to Religion Governmental Restriction of Religious Freedom Religious Freedom CycleReligious Violence Cycle Empirical Model: Interaction of Social Forces and Government Laws Price of Freedom Denied, Grim & Finke, 2011

Threats to Religious Civil Society 2006: Catholic Charities of Boston shuts down historic adoption program 2006: Morristown, NY begins code enforcement against Amish homebuilders 2007: Texas City of Leon Valley zones churches out of retail quarter (overturned in circuit court in 2012) 2009: U.S. Equal Opportunity Employment Commission rules that Belmont Abbey College in NC violated discrimination laws in heath plan coverage 2010: Catholic Charities of D.C. shuts down foster care program 2011: Three Illinois Diocesan foster care and adoption programs shut down 2011: Univ. of California Law School bars Christian group, followed by San Diego State and Vanderbilt Universities in : Dept. of Health and Human Services ends contract with U.S. Conference of Catholic Bishops for services to human trafficking victims 2012: New York City Board of Education orders end of church rental of school buildings 2012: Twelve lawsuits filed on behalf of 43 Catholic dioceses and organizations against the HHS Health Mandate

Growing Advocacy Infrastructure to Defend Religious Civil Society Lobbying for the Faithful Religious Advocacy Groups in Washington, D.C. November 21, 2011

Significance of Religious Advocacy Large Enterprise $350 Million in annual advocacy spending Institutionalized 215 groups with offices in the nation’s capital Sophisticated At least 1,000 professional staff employ high tech lobby strategies Representative Linked to vast constituencies

Global Explanation God’s Century, Toft, Philpott, Shah P. 49: “argument is that major religious actors throughout the world enjoy greater capacity for political influence today than at any time in modern history – and perhaps ever.” Because of greater institutional independence – out of the box, freed from state Because of activist political theologies – prophetic critique, humanitarian Because of globalization they operate on transnational basis P. 83: More and more religious actors take initiative, act with boldness, mobilize local and national populations, operate with extraordinary flexibility, and command transnational loyalty, global networks, and resources. …Religious leaders and organizations are acting, while states are being acted upon”

Explanations for Growth  Push-back against secular threats (Casanova)  Value-and-identity-based politics of postindustrial era (Ingelhart) Immigrant and emergent groups seek a place at the civic table Growth in the size, reach, and intrusiveness of government

Breakdown of Major Christian Traditions

Precedents of Religious Lobby Power Religious Freedom Restoration Act (RFRA), 1993, still applies to federal law and actions Religious Land Use and Institutionalized Persons Act (RLUIPA), 2000 State Level RFRAs passed in at least 13 states since Boerne decision in 1997

Select Religious Freedom Advocates OrganizationAdvocacy SpendingYear Arrived in D.C. American Center for Law and Justice $989, Baptist Joint Committee for Religious Liberty $1,200, Becket Fund for Religious Liberty $2,281, Christian Legal Society, Center for Law and Religious Freedom $786, Institutional Religious Freedom Alliance 2008

Becket Fund for Religious Liberty Mission Statement “The Becket Fund for Religious Liberty is a non- profit, public-interest legal and educational institute that protects the free expression of all faiths. The Becket Fund exists to vindicate a simple but frequently neglected principle: that because the religious impulse is natural to human beings, religious expression is natural to human culture. We advance that principle in three arenas—the courts of law, the court of public opinion, and the academy— both in the United States and abroad.”

Institutional Religious Freedom Alliance Mission Statement “The Institutional Religious Freedom Alliance safeguards the religious identity and faith-shaped standards and services of faith-based organizations, enabling them to make their distinctive and best contributions to the common good. IRFA accepts as its foundational guide the teachings of the Christian Bible as understood in the historical and classical teachings of the Christian Church. IRFA understands those teachings to favor a vigorous but limited government and flourishing civil society institutions, and public policies that treat equitably individuals and organizations of every faith and secular conviction, consistent with the common good.”

Designated Projects on Religious Freedom OrganizationTotal Advocacy Spending Year Arrived in D.C. Specific Project/year Ethics and Public Policy Center $2,750, American Religious Freedom Program, 2012 Heritage Foundation$1,743, DeVos Center for Religion and Civil Society, 2004 Seventh-Day Adventist Church 1901Public Affairs and Religious Liberty Department Southern Baptist Convention $3,268, Ethics and Religious Liberty Commission United States Conference of Catholic Bishops Multi-Million1919Ad Hoc Committee on Religious Liberty, 2012

Institutional Advocates For Religious Autonomy OrganizationAdvocacy Spending Arrived in D.C. Constituency American Association of Christian Schools associations Assoc. of Catholic Colleges and Universities universities/colleges Association of Christian Schools International19855,900 schools Association of Jesuit Colleges and Universities$173, universities/colleges Catholic Charities USA$1,535, agencies Catholic Heath Association of the US$995, hospitals Care Net19751,000 crisis centers Christian Medical & Dental Association$375, ,000 members Council for Christian Colleges & Universities colleges/universities Home School Legal Defense Association$11,320, ,000 members Jewish Federations of North America$753, federations/centers National Catholic Education Association ,000 educators

Select Groups that Advocate for Religious Civil Society Agudath Israel of America Ahmadiyya Movement in Islam, USA American Islamic Congress American Jewish Committee Anti-Defamation League Church of Jesus Christ of Latter- day Saints Concerned Women for America Family Research Council Hindu American Foundation Institute for Social Policy and Understanding Institute on Religion and Democracy Liberty Council Muslim Public Affairs Council National Association of Evangelicals Prison Fellowship Religious Action Center of Reform Judaism Sikh American Legal Defense and Education Fund Sikh Coalition Traditional Values Coalition Union of Orthodox Jewish Congregations of America

The Health Mandate Challenge State defines religious ministry – unprecedented Catalyses formidable infrastructure in response, esp. Catholic institutional leadership and resources Lobbying, grassroots mobilization, public awareness campaigns, lawsuits, and potential civil disobedience

Visible Allies on Health Mandate Agudath Israel of America Church of Jesus Christ of Latter-Day Saints National Association of Evangelicals Southern Baptist Convention Union of Orthodox Jewish Congregations

Questions Why Not More Allies for imperiled Catholic Institutions? Is the partisan divide on these issues a key factor? Is James Davison Hunter right that churches have already lost the culture? If so, is political and legal advocacy enough to preserve and advance civil society?

A Portrait of the American Constitutional Heritage in Religious Freedom Signing ceremony ending Oregon’s 1923 KKK-backed law against religious attire in public schools, April 1, 2010.