Notre Dame Professor of Law Rick Garnett (LAW ‘95) argued the separation of church and state does not require religion to be “put behind a wall” at an event with the Buckley Institute this past Wednesday.
William Coen
Staff Writer, The Buckley Beacon
On Wednesday, Rick Garnett (LAW ‘95), Paul J. Schirl/Fort Howard Corp. Professor of Law at the University of Notre Dame, visited the William F. Buckley, Jr. Program to speak about the Constitution’s messages regarding the separation of church and state.
Professor Garnett argued that many Americans misunderstand the meaning of the separation of church and state, and characterized religious freedom as a fundamental and foundational human right with a “structural limitation on the claims and authorities of government.” Garnett emphasized that the concept of religious freedom is much older than the United States and involves many principles, such as the freedom of conscience and the freedom of practice, not to be separated from public life.
Garnett went on to explicate four categories of Supreme Court decisions regarding the separation of church and state: Cooperation (giving government money to religious schools), accommodation (exempting religious believers from laws), expression (the government placing religious symbols in public spaces), and differentiation (whether religious institutions have more room to act than political institutions). With regard to the first three categories, Garnett argued that the Constitution largely does not forbid the government from these activities. He landed in the affirmative regarding the fourth category as well.
One student asked Professor Garnett if non-religious not-for-profit organizations, such as scouting organizations, should be given the same accommodations by the government as religious organizations. Garnett responded by arguing that religious groups should be accommodated more than non-religious organizations because they claim obligations that are higher than the obligation to the state.
William Barbee (YC ‘26), the president of the William F. Buckley, Jr. Program, expressed to The Buckley Beacon that he is proud of Buckley for “expanding its intellectual offerings to include subjects beyond the realm of politics” by welcoming speakers like Professor Garnett. Tori Cook (YC ‘27), membership director at Buckley, said that she “appreciated Professor Garnett’s four-pronged rubric (cooperation, accommodation, expression, and differentiation) to evaluate the way church and state ought to relate to one another,” adding that the topic “is so critical for our generation right now, especially as we seem to be leaving behind institutions.”
Professor Garnett addressed the rise of “nones,” or people who associate with no religion. He argued that religious freedom is weakened if fewer Americans are involved in institutional religion, as fewer people will be motivated to stand up against the state in defense of their beliefs. Garnett also claimed that it is unhealthy if religious freedom becomes associated with one side of American political polarization. Garnett concluded by exhorting Americans to continue to distinguish between political authority and religious authority but not to “put religion behind a wall.”