America Does Not Have a Religious Identity

At a practical level, I have been fascinated by the rise of Christian conservatism, and particularly the claim of what some call Christian nationalism, that America is a Christian nation, as a major factor in American politics. At a theoretical level, I have always thought that, at its broadest, politics is the process by which we negotiate our differences. In particular, liberal democracy—a political order in which majorities rule but not over everything—is an institutionalized agreement to disagree. My concern is the question: what happens, and what do we do, if there are some things about which we cannot agree to disagree? Prominent on that list is religion.

The central argument of the book is that the Constitution does not protect religion—it protects religious freedom. The latter is very different from the former, and understanding the distinction enables us to understand the political meaning of the religion clauses of the Constitution. Specifically, I argue that the meaning of the religion clauses is that the locus of religious identity is the individual, not the nation; that the American political order does not have a religious identity of its own, but, rather, is a political order that allows and encourages individuals and groups of their choosing to have their own religious identity without having one of its own.

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