Home
/
RELIGION & LIBERTY ONLINE
/
Is Religious Freedom a “Natural Right”?
Is Religious Freedom a “Natural Right”?
Oct 18, 2026 4:48 AM

Over at The Claremont Institute, Hadley Arkes considers whether religious freedom is a “natural right.” His exploration of the question is lengthy plex and, as with everything Prof. Arkes writes, worthy of serious consideration. Here is his conclusion:

It may be jarring in some quarters to say it, but it is eminently reasonable to be a theist, and quite as reasonable to understand that not everything done in the name of religion and theism is reasonable and defensible. What else explains the refusal of the law to allow a religious exemption from laws on homicide or theft or evading the laws on child labor or paying social security taxes? But the deeper truth reveals itself when we recognize that the Catholic church has been making natural law arguments in the public arena even as the bishops invoke religious freedom. The bishops invoke the claims of religion, but the fortable truth is that the Church and its allies among Protestants and Jews have e the main sanctuaries for preserving the tradition of moral truths in a society in which the currents of relativism have eroded the academy, the media, and the professions. The Church and the religious stand contra mundum today, and appear so much at odds with the world, not because they, more than others, exalt “beliefs,” but because they have e the last redoubt for the insistent claims of reason. Among our major institutions they have e the main force in declaring publicly the understanding of those moral truths and natural rights that underlay this constitutional order from the beginning.

Without that underlying moral understanding and the doctrines of natural law, it would be impossible to explain a regime in which a system of law is built upon a body of first principles forming a fundamental law (or a “constitution”). Without that panying faith it would be hard to explain why we seem to think that human beings, wherever we find them, will have an equal claim to our sympathy and respect; that they are made in the image of something higher; that they are creatures of reason who deserve to be ruled with the rendering reasons for the laws imposed on them. Without all of that, it es harder to explain why we can accord to them the standing of “bearers of rights” flowing to them by nature. In short, then, without the moral understanding sustained now mainly by the religious, it would be hard to take seriously the notion that there are natural rights mand our respect because they are grounded in truths about “the human person.” That is the case for religion as a natural right, and the measure of our desperation is that, in the current state of our public life, the bishops find the gravest test of their preparation and learning as they try to explain the matter to their own public in a post-literate age.

(Via: Mirror of Justice)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Oil—the forbidden fruit?
There’s something like a question of theodicy implicitly wrapped up in the debate about global warming among Christians. It goes something like this: Why did God create oil? One answer is that the burning of fossil fuels is simply a divine trap for unwitting and greedy human beings, who would stop at nothing to rape the earth. Another answer is that there is some legitimate created purpose for fossil fuels. I’m inclined to think the latter, for a number of...
Family and the new economy
On January 21, 2006, Dr. Jennifer Roback Morse, author of Smart Sex: Finding Life-long Love in a Hook-up World and a Senior Fellow in Economics at the Acton Institute, gave this lecture at the Centesimus Annus Conference in Rome. Dr. Morse talks about the failure of the European welfare state to sustain economy and the demographic implications resulting from the “marginalization of the family.” Dr. Morse covers quite a bit of ground in this lecture, beginning with a critique of...
Aid does not equal growth
The traditional formula for understanding the relationship between the developed and the developing world is the following: Aid = Economic Growth. That is, foreign aid spurs economic development in poorer nations. A new study released by the National Bureau of Economic Research challenges this wisdom, however. “Aid and Growth: What Does the Cross-Country Evidence Really Show?” by Raghuram G. Rajan and Arvind Subramanian shows that “regardless of the situation — for example, in countries that have adopted sound economic policies...
‘Captialism’ according to the academy
For a quick overview of the current state of appreciation for economics and capitalism among various ‘academics,’ see the newly inaugurated e-journal Fast Capitalism. It might as well be subtitled: Marxism, Alive and Well. Most of the contributors to the first issue are in munications, or political science. Here’s a sampling: In “Beyond Beltway and Bible Belt: Re-imagining the Democratic Party and the American Left,” Ben Agger, who teaches sociology and humanities at the University of Texas at Arlington, writes,...
Eminent domain abuse, again
You probably remember when, last year, the Supreme Court upheld the taking of private land by the state for the purpose of private development in its Kelo decision. Sam Gregg highlighted the decision’s dangerous implications at the time. Religious groups were rightly among those worried about those implications, especially with respect to tax-free urban church properties. Now, in an ironic twist, Catholic sisters in Philadelphia have been party to an attempt to use eminent domain to gain property for a...
The most corrupt countries
Forbes is featuring a slideshow highlighting a series of the most corrupt countries around the world, based on findings from Transparency International. The list of the “The Most Corrupt Countries” includes Chad, Bangladesh, Turkmenistan, Myanmar, Haiti, Nigeria, Equatorial Guinea, Cote D’Ivoire, Angola, Tajikistan, Sudan, Somalia, Paraguay, Pakistan, Kenya, and the Democratic Republic of Congo. “Under its current president, Nigeria is making a determined effort to clean up its act. President Olusegun Obasanjo has surrounded himself with a dozen senior government...
Religion and the EU
Kishore Jayalaban, Director of Acton’s Rome office, appeared on Kresta in the Afternoon yesterday to discuss a number of topics relating to religious freedom in the European Union, including abortion, homosexuality, “retrograde” Poland, and the troubles in Slovakia relating to the approval of a concordat with the Vatican. To listen to the interview, click here (3.1 mb mp3 file). It will also be available on Acton’s podcast, which is available for free through the iTunes Music Store. ...
Addicted to influence
A brief but timely editorial appears in this month’s issue of Christianity Today, “We Are What We Behold.” Here’s a taste: “…evangelicals have wrestled with our relationship to power. When in a position of influence (and in our better moments), we leverage power to better the lives of our neighbors. Cultural savvy enables us to successfully translate the gospel for a changing world. But it’s a double-edged sword—influence and savvy can also dull the gospel’s transcendence. We achieve a royal...
Moral posturing on Africa
Over the weekend, the Daily Telegraph’s Charles Moore asked, “Why should the Left win the scramble for Africa?” : [T]he trouble with this subject – perhaps this is why the Left dominates it – is that it attracts posturing. Africa is, among other things, a photo-opportunity. As our own educational system makes it harder and harder to get British pupils to smile at all, so the attraction for politicians of being snapped with rows of black children with happy grins...
‘With God’s help, we can stop global warming’
A few others have addressed this issue in previous posts, but I wanted to jump in with my two cents. Yesterday’s New York Times notes that a group of evangelical leaders have entered the debate over climate change: Despite opposition from some of their colleagues, 86 evangelical Christian leaders have decided to back a major initiative to fight global warming, saying “millions of people could die in this century because of climate change, most of them our poorest global neighbors.”...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved