Essay AMERICAN CIVIL RELIGION: AN IDEA WHOSE TIME HAS GONE ?? Frederick Mark Gedicks Symposium, “Civil Religion in the United States and Europe: Four Comparative Perspectives” International Center for Law and Religion Studies J. Reuben Clark Law School Brigham Young University Provo, Utah March 12-14, 2009 I. INTRODUCTION: THE OXYMORON OF AMERICAN CIVIL RELIGION The idea of civil religion is closely associated with Rousseau, whose Social Contract argued that “a State has never been founded without religion serving as its base,” and then went on to consider the kind of religion that properly grounds the civil order.2 American sociologist 1 Visiting Professor of Law, Notre Dame Law School; Guy Anderson Chair & Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, Utah;
[email protected]. 2 JEAN-JACQUES ROUSSEAU, ON THE SOCIAL CONTRACT bk. IV, ch. 8, at 99 (Hackett, Donald A. Cress trans. & ed. 1983). This was also the view in Britain and the American colonies at the time that Rousseau wrote. See Frederick Mark Gedicks & Roger Hendrix, Uncivil Religion: “Judeo-Christianity” and the Ten Commandments, ** W. VA. L. REV. ***, 279 & nn.17-20 (2007). -1- Robert Bellah adapted Rousseau to an insightful and provocative argument about civil religion in the United States. The American civil religion, declared Bellah, is a set of general religious beliefs shared by most Americans and consistent with the particular theologies of most “American” religions. It includes beliefs in the existence of God, in his special inspiration