Freedom of belief
Culture
Freedom
Freedom of Belief
8 min read

Why religious liberty? Love, actually

Claims for religious freedom can be controversial. Nathan Chapman weighs up approaches to accommodating them, not just legally but in the light of love.

Nathan S. Chapman is a scholar of constitutional rights, religious liberty, and Christianity and the law. He is a Professor of Law at the University of Georgia.

A montage of people praying with hands held together.
A detail of Norman Rockwell's 1943 Freedom of Worship illustration.
Norman Rockwell, Public domain, via Wikimedia Commons.

Religious liberty is a cornerstone of liberal democracy. The freedom of religious belief and practice is enshrined in human rights instruments, national constitutions, and legislation. Usually, those rights are uncontroversial. Only when someone claims a right to do something that threatens the rights of others – such as a right to decline to bake a cake for a same-sex wedding – do most observers take notice. Unfortunately, in controversial cases the values underlying both of the competing rights claims tend to get lost in political rhetoric. The arguments against the religious liberty claims may be obvious - concerns about security, or public health, equal treatment of LGBTQIA+ persons - but for many it is harder to see the value of allowing dissenters to peacefully practice their religion. 

So, what is the point of religious liberty? Several justifications have deep historical and philosophical roots. Top of the list is reducing conflict: from the view of believers, God demands one thing, society another. Best to let believers have their way so long as they are peaceful about it. Concerns about political conflict were one of the key reasons for the rise of religious tolerance in the 17th, 18th, and 19th centuries. 

This reason goes only so far, though—only far enough to prevent actual conflict. It does nothing to justify freedom for groups or individuals who pose no threat to political stability, perhaps because they are small, or because they are politically withdrawn. And focusing exclusively on conflict is intellectually unsatisfying; it considers only the effects of religious difference instead of digging into why people adhere to unpopular religious practices. For that, we need an insider's point of view. We need to see why believers have often supported religious liberty not only as a political expedient, but because they have believed religion required religious liberty for everyone.  

Consider two Christian statements of rationale for religious liberty that have become canonical among western democracies. The first comes from John Locke: 

 “true and saving religion consists in the inward persuasion of the mind, without which nothing can be acceptable to God.”  

Such “persuasion” must be free, and it must be sincere. Under this view, compelled religious belief is an oxymoron; it doesn’t work, and even if it did, it would do the believer no good--salvation requires voluntary belief. Therefore, says Locke, the “civil” jurisdiction and the “spiritual” jurisdiction are strictly separate, with the civil magistrate having no say over spiritual matters. This argument went a long way toward justifying the government’s toleration of dissenting assemblies, preaching, and worship. But toleration goes only so far. It does not include freedom from any legal duty that is rightly within the domain of the civil magistrate. For instance, a religious pacifist--Christian, Buddhist, or otherwise--who objects to mandatory military service is out of luck. 

James Madison, the architect of the U.S. Bill of Rights, was more sympathetic to dissenters. When Virginia tried to make taxpayers pay tithes to their local churches, Madison pointed to the Virginia Declaration of Rights (1776):  

“Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.”  

At first glance, this may seem to restate Locke’s position: true religion requires intellectual freedom. But it goes much further than Locke did. Madison defines religion as the duty one owes to God and “the manner of discharging it.” And, crucially, Madison jettisons Locke’s binary view of “civil” and “spiritual” jurisdiction. Only one jurisdiction matters for determining the scope of religious liberty: God’s. When we have a duty to God, the civil government should get out of the way. Under Madison’s view, religious liberty resolves inconsistent commands of rulers with overlapping jurisdictions in favor of those issued by the higher authority, God. 

This view does not satisfy everyone (including some believers). In the first place, it relies on premises that many reject: the notions that there is a knowable God, that people owe duties to God, and that others should respect those (perceived) duties. In the second place, in religiously pluralistic societies, it often seems like each person claims different duties to different gods. Religious liberty facilitates religious diversity, which proliferates inconsistent claims of divine “duty," thereby diluting each of them. At the same time, it makes accommodating every claim more costly, because there are more of them, and they seek accommodations from a wider variety of laws. 

To make matters worse, the divine duty rationale implies that religious liberty has no limits. The person who believes that God demands human sacrifice has as much a claim to religious liberty as the one who simply doesn’t want to be made to attend a church service. The rationale also rests on a notion that is increasingly difficult for those in secularized societies to view sympathetically: the idea that the Creator of the universe exacts obedience, and that society should honor the individual's perception of that duty, in exchange for... what, exactly? 

A more thoroughly Christian view of religious liberty depends on grasping why believers want to obey God. Locke’s answer was straightforward: fear of eternal damnation. What ought to motivate religious tolerance, Locke insists, are differences about what constitutes “true and saving religion.” Here, Locke was understandably a creature of his times, when western Europe and North America were divided by doctrinal disputes about Christian salvation. Although the promise of eternal life through faith in Christ is the core of Christian doctrine, Scripture surely teaches that those who have already acknowledged Christ as their Savior should obey God not out of fear of damnation, but out of love. Jesus said the greatest commandments were these: “Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength” and “Love your neighbor as yourself.” Whatever duties we owe to God and others, from the most sublime form of corporate worship to the most mundane task of changing a diaper, flow from love. Love is the framework, the backdrop, the engine for Christian duty.  

Where does such love come from? For Jews and Christians alike, such love is a proper response to God’s love for all of creation, and especially for humankind. Consider the evocative imagery of the ancient songwriter/poet known as the Psalmist:  

“How precious is your steadfast love, O God! The children of mankind take refuge in the shadow of your wings. They feast on the abundance of your house, and you give them drink from the river of your delights. For with you is the fountain of life; in your light do we see light.”  

For Christians, God’s love is shown most thoroughly in the teaching, life, death, and resurrection of his son, Jesus Christ. As the Apostle John wrote,  

“By this we know love, that he laid down his life for us, and we ought to lay down our lives for the brothers.”  

All too often non-believers seem to appreciate the core of Christian ethics better than many self-proclaimed believers: Christian duty ought to be not merely a private act of personal piety, but an active, self-giving, others-oriented love that mirrors the gentleness, kindness, and sacrifice of Christ.  

It turns out that love, actually, is the root of the Christian duty that can sometimes generate conflicts with civil law. The freedom to love God and others according to one's best lights is the most thoroughly Christian basis for religious liberty. "According to one's best lights" is an important qualification. Although Christians agree on the requirements of love in many cases, they have from the beginning disputed whether some conduct is consistent with love. For instance, in the first century, they debated whether it was okay to eat food that had been sacrificed to the idols representing Roman deities. Some thought yes, some no. The Apostle Paul taught those who had no qualms with eating such meat to be understanding of those who did.  Christians were to tolerate those with different interpretations of the requirement of love--at least as to matters that were inessential to the gospel.  

What difference might love make for religious liberty? Most importantly, it might render claims for religious liberty more legible to those of any (or no) religion who disagree with the claim's morality. Not everyone has experienced fears about eternal salvation, but everyone has experienced a moral duty arising from affection, whether for a favorite sporting club, a family member, or country. Believers regard God as the source of all these good things, and many others besides, so God alone deserves our highest adoration. We may not be able to relate to a God who issues (seemingly) severe commands, but we ought to be able to relate to one who asks for, and merits, our love.  

If love is the best motivation for observing a higher duty, we ought to think twice before we condemn those who say their religion will not allow them to follow the law. We ought to presume they have the best of motivations. To be sure, not every one who claims a religious exemption is motivated by love—no one is perfect, and some religiously-motivated conduct (whether in the name of Christianity or another religion) is decidedly unloving. Moreover, believers sometimes disagree about what love requires. In my own country (the U.S.), some religious claimants assert a religious duty to avoid funding contraceptive insurance on the ground that it facilitates abortions, while others claim a religious duty to facilitate an abortion. Those claims are morally inconsistent. If we assume that religious claimants in principle might be motivated by affection for what they take to be the divine, we ought to respect the dilemma that claimants find themselves in--even when the law does not, and should not, exempt their conduct. 

Religious love is especially deserving of our respect and, when possible, accommodation. We should affirm our neighbors' attempts to follow the demands of divine love, even when we disagree with their understanding of those demands. And we should respect them even when that understanding cannot be squared with the needs of society in any given case. Love should not always be a trump card--no more than divine fear should be a trump card. Some religious freedom claims will not, and should not, win the day. There is no avoiding drawing lines according to law and public conscience. But love for God offers a richer, and perhaps a more attractive, justification for religious liberty in the first place.

Article
AI
Character
Culture
Digital
7 min read

Apple’s AI ads show how we can lose our moral skills

Apple Intelligence promises to safeguard us from the worst of ourselves.

Jenny is training to be a priest. She holds a PhD in law and writes at the intersection of law, politics and theology.

A worker at a desk sits back contemplating a situation
Dour Dale contemplates AI.
Apple.

“I got through the three stages of the interview process, and they said I had done well, but they aren’t hiring any computer science graduates anymore. AI is cheaper, and faster.”

John*, a bright 24-year-old coder and philosopher, has just completed an MSc in Computer Science from one of the top universities in the UK. And he can’t find a job. AI has outcompeted him. In a couple of years, he says, entry level into computer science as a field will require a PhD. What about in ten years, or twenty? Will the only people able to work in the field have to effectively be geniuses to keep up with a technology that’s metastasizing at the rate of knots? It felt painfully ironic to be discussing over coffee the death of an entire sector of meaningful jobs less than a week after the new Labour government announced its plans to “turbocharge” AI (Artificial Intelligence) as the saviour of the nation’s economy. What are we willing to sacrifice in the name of “national renewal”?  

As worrying as John’s story is, there is much more than jobs – and the skills, knowledge and social relations tied up in them – on the line when it comes to AI. The alleged saviour of the nation’s economy is after your soul as well, it turns out.  

This came home to me starkly over the Christmas holidays with the new advertisements for Apple Intelligence tools on MacBook Pro. In the first ad, “Lazy Lance” – a procrastinating business professional – sheepishly shifts in his seat. He has been asked to make a presentation on the new business prospectus, and he has been caught out, unprepared. But he is saved at the last moment. The click of the “Key Points” button using the new Apple Intelligence software on his MacBook Pro provides him with the critical breakdown summary needed to avoid becoming the pariah of the team. The sheepish shifting turns to smug smile: his substandard performance has evaded detection with the ready aid of Apple Intelligence.  

In the second ad, “Dour Dale” – a disgruntled office worker – writes a scathing email to the “monster” who has devoured his pudding from the communal fridge. Before clicking send on this missive, he raises his eyes from the raging words on his screen to see a pious teddy bear holding a love-heart which says “find your kindness.” This moral cue from a cuddly toy prompts Dave to select the “Friendly” button from the dropdown list on Apple Intelligence writing tools, which immediately converts his childish strop over pudding thievery into a mature response in which he kindly expresses his disappointment along with a polite request for the pudding to be returned. The only moral effort required of Dale is the click of a button; Apple Intelligence sorts out the bile and the blame and re-presents his pudding fury in a professionally palatable manner.  

These advertisements for AI tools are designed to provoke an empathetic laugh. Who indeed can honestly say they have never arrived unprepared to a meeting, or at least mentally penned a vindictive response to the tiniest office slight?  

AI is poised to strike at the root of our individual virtue, by inserting itself as an emotional regulator. 

However, underneath the easy laughs, I felt a profound sense of dis-ease when watching them. They indicate just how far AI has already begun to penetrate our moral economy. By inserting a technological tool to disguise or translate social interactions into new terms, our moral relations with each other are deceptively smoothed to avoid the social and personal costs of shame (e.g. Lance using “Key Points” rather than owning up to his poor work ethic) and anger (e.g. Dale using “Friendly” mode to transform his email from raging diatribe into courteous appeal). As appealing as it sounds to have automatic tech weapons to tranquilise social and emotional bugbears, they also remove daily opportunities to learn how to live and work together.  

For example, as excruciating as it is to be the person who came to the meeting woefully under-prepared, embarrassment can be a very useful corrective in learning the art of time management as well as the virtue of pulling our weight. We probably all know from school what it feels like to work on a group project, when only half the group cares about the outcome. If we do not learn moral skills of responsibility and accountability in our formative years, the workplace becomes a vital school for virtue in adulthood where we learn what it means to be trusted and how to be worthy of it. As in the case of Lance, AI now offers us everyday tools which help us to avoid embarrassment and effectively hide our lack of effort, taking the edge off of the very exposure that would help us to grow in both skill and trustworthiness. This is not propaganda for the Protestant work ethic but rather a top survival tip for the human soul in hyper-capitalist economy. Maintaining the moral significance of our labour as a school of formation in self-respect and trustworthiness does not baptise the extractive and exploitative nature of many workplaces. Rather, it offers a means of resistance to the soul-destroying idea that we are all replaceable, that nothing really matters and that our efforts are simply grist for the eternal and insatiable mill of market supply and demand.

In the case of Dale, Apple Intelligence goes beyond protecting users from social shame: it promises to safeguard us from the worst of ourselves. Of the two Apple Intelligence advertisements, I find Dale’s to be even more pernicious because it evidences how AI is poised to strike at the root of our individual virtue, by inserting itself as an emotional regulator. Rather than doing the difficult work of redrafting the email himself, which would require Dale to critically examine his own reactions and put himself into the shoes of the recipient, Apple Intelligence offers to do it automatically. By short-circuiting Dale’s process of recognising the emotions underneath his rage, he misses a critical opportunity to learn for himself what his anger is all about, and even more than that, to practice the art of genuine self-mastery in conflict. The AI tool smooths out the conflict on the surface, while Dale is presumably left with all those rotten feelings built up and unprocessed, because he has not had to do the difficult work of converting his aggressive monologue into a respectful dialogue with another human being.

The insertion of these seemingly innocuous AI tools into the spheres of our everyday, workaday lives introduces new means and modes of (self) deception in our habits, where we are able to hide much more easily from honest moral evaluation of the quality of our work as well as our interpersonal relationships. It also risks new heights of moral “de-skilling” over time as we live in a social and economic world that has become so deeply mediated by technology, to the point where we may very well eventually trust Apple as the gold standard of professional behaviour rather than our own discernment. The soul – our very interiority – is the new frontier of economic expansion, in the name of securing Britain’s place in the ranks of global competitiveness.

To AI enthusiasts, all this may sound like Luddite naysaying. Many people find AI tools helpful in the process of research and preparation. Even some priests, I have recently discovered, use Chat GPT to aid sermon-writing. And what, as a priest friend asked me recently, is the problem with these time-saving tools, as long as we use them critically?

Apart from the obvious answer that AI can’t be trusted to get all the facts right, let alone the word of God, this question presumes that human beings’ critical faculties and moral compasses remain fundamentally unaffected by these new technologies. It may be true for older generations (whose formative years occurred well before the meteoric surge of digital technology in the early 2000s) that technology continues to function as an optional extra to make life that little bit easier. But for Gen Z and below, and even for some younger millennials, intuitive digital technologies have become so fused with the ways that we learn and process information that it is no longer – if it ever was – a neutral tool to improve our lives. We are only learning now about the extent to which social media has thoroughly penetrated the emotional worlds of teenagers, with severe consequences for their wellbeing. What will be the consequences for the generations to come, when AI becomes so integrated into the emotional and social fabric of our lives that we cannot quite tell where we start and it begins? The risk with “turbocharging” AI is not only a huge number of jobs, but the atrophy of our moral muscles as AI encroaches further into the heartlands of what it means to be human. While a few tech elites may always stay one step ahead of AI and keep it safely in the toolbox rather than the driver’s seat, most of us time-poor plebians are being taken for the ride of our lives.

 

 *Name changed for anonymity. 

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