Why the “wall of separation” must be porous

Ruling on appeal of a preliminary injunction, the Tenth Circuit Court of Appeals has–in a divided decision–ruled that a for-profit business may absorb the religious beliefs of its owner. This carves out space for Hobby Lobby, Inc. to continue its non-compliance with provisions of the Affordable Care Act (Obamacare) known as the contraception mandate without the threat of daily fines of $1 million. While it is a procedural ruling, the notion that a for-profit company can “absorb” the religious beliefs will require clarification from the court and will be significant for future decisions.

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Regardless of what you think about this decision, it does illustrate a deeper issue: religion and society cannot be separated by a wall that is not somehow porous. We can disagree with how porous the wall ought to be, but a complete separation of the two tends to favor tyranny rather than freedom.

Why? It’s imperative to acknowledge that there are things that matter more deeply than the way we order and govern our life together as a nation. In a highly pluralistic society, its imperative to recognize that “secular reason” cannot be the sole arbiter of our decisions without doing violence to the large number of people who acknowledge an authority deeper than that of the state. As a result, it is important to carve out exceptions for religious people and religious organizations and corporations as the court has intimated it may do in the case of Hobby Lobby.