Law and Gospel Article
RENDER UNTO RAWLS: LAW, GOSPEL, AND THE EVANGELICAL FALLACY Wayne R. Barnes∗ I. INTRODUCTION Many explicitly Christian voices inject themselves frequently and regularly into the current public policy and political discourse. Though not all, many of these Christian arguments proceed in something like the following manner. X is condemned (or required) by God, as revealed in the Bible. Therefore, the explicitly-required “Christian position” on X is for the law to prohibit or limit the activity (or require it), in accordance with the advocate’s interpretation of biblical ethical standards. To be clear, I mean to discuss only those scenarios where a Christian publicly identifies a position as being mandated by Christian morality or values --- i.e., where the public is given a message that some law or public policy is needed in order to comply with the Christian scriptures or God’s will. That is, in short, this article is about explicit political communications to the public in overt religious language of what Christianity supposedly requires for law and policy. As will be seen, these voices come quite famously from the Christian Religious Right, but they come from the Religious Left as well. Political philosophers (most famously John Rawls) have posited that pluralism and principles of liberal democracy strongly counsel against resort to such religious views in support of or against any law or public policy.1 That is, in opposition to this overt religious advocacy in the political realm (though, it should be noted, not necessarily taking a substantive position on the issues, per se) is the position of Rawlsian political liberalism, which states generally that, all things being equal, such inaccessible religious arguments should not be made, but rather arguments should only be made by resort to “public reason” which all find to be accessible.2 Christian political voices counter that this results in an intolerable stifling of their voice, of requiring that they “bracket” ∗ Professor, Texas Wesleyan University School of Law.
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