God Save America from Fearful Christians

Shrinking in the face of challenges to career and reputation communicates fear, not faith, to a broken world.

Back when I was in the religious liberty litigation business, I’d sometimes give my clients—especially my college student clients—a little talk that went something like this: “Your lawsuit is likely going to get more media attention than anything that your group does for the next 10 years, but that gets the importance of this moment exactly backward. Winning your religious freedom and maintaining your presence on campus is far less important than what you’ll do with that liberty. Your witness will ultimately define you on this campus, not your rights.”

I’ve thought often about those talks in recent years. The reason is simple—Christian liberty is largely secure, yet Christian fear is harming the Christian witness and damaging the culture of the nation we love.

A moment’s historical reflection should demonstrate that few political and legal movements have been more successful in the last 40 years than Christian conservatism. Through a combination of activism and litigation, Christian conservatives have not only achieved veto power over the electoral fortunes of one of America’s two great political parties, they’ve erected a veritable thicket of laws that protect religious expression in public (and even private) spheres.

Court decision after court decision has held that churches and religious organizations enjoy enormous autonomy (greater autonomy than secular organizations) in hiring and firing employees, and that autonomy is nearly absolute when it comes to hiring and firing ministerial employees. They enjoy rights of equal access with secular organizations to public facilities and (in some cases) taxpayer funding. Employees of private companies enjoy broad federal, state, and local protections against religious discrimination. Many of these freedoms aren’t protected by fragile 5-4 Supreme Court majorities. Instead, they rest on precedents decided by 7-2 and even 9-0 margins. 

At the federal level, the Religious Freedom Restoration Act secures religious Americans extraordinary protection against infringements on religious liberty through federal law. A total of 21 states have enacted similar provisions.

Decades of patient pro-life activism (protected by many of the court precedents referred to above) have resulted in hundreds of pro-life laws in states across the nation—including 288 laws passed between 2011 and 2015 alone—and are drivers in the extraordinary drop in the American abortion rate. The abortion rate is now lower than it was before Roe was decided, when abortion was actually illegal in multiple American jurisdictions.

Yes, I know there are challenges. I know that threats to religious conscience exist, especially for Christian institutions that engage in heavily regulated professions like foster care, adoption services, and health care. But it’s hard to think of a single developed country in the entire world that more robustly protects religious freedom than the United States of America.

Yet in spite of this liberty and power, all too many Christians are afraid.  Once again a time of social upheaval is elevating illiberal voices, and those illiberal voices have disproportionate power in America’s leading cultural, educational, and corporate institutions. Right alongside an extraordinarily welcome wave of reflection and anguish about the reality and legacy of American racism is a disturbing wave of intolerance for dissent from the most radical and divisive anti-racist ideologies.

In a searing newsletter published Friday, progressive journalist Matt Taibibi penned a cri de coeur against the illiberal left:

On the other side of the political aisle, among self-described liberals, we’re watching an intellectual revolution. It feels liberating to say after years of tiptoeing around the fact, but the American left has lost its mind. It’s become a cowardly mob of upper-class social media addicts, Twitter Robespierres who move from discipline to discipline torching reputations and jobs with breathtaking casualness.

The leaders of this new movement are replacing traditional liberal beliefs about tolerance, free inquiry, and even racial harmony with ideas so toxic and unattractive that they eschew debate, moving straight to shaming, threats, and intimidation. They are counting on the guilt-ridden, self-flagellating nature of traditional American progressives, who will not stand up for themselves, and will walk to the Razor voluntarily.

They’ve conned organization after organization into empowering panels to search out thoughtcrime, and it’s established now that anything can be an offense, from a UCLA professor placed under investigation for reading Martin Luther King’s “Letter from a Birmingham Jail” out loud to a data scientist fired* from a research firm for — get this — retweeting an academic study suggesting nonviolent protests may be more politically effective than violent ones!

Writing in New York magazine, Andrew Sullivan asked “Is there still room for debate?”:

In this manic, Manichean world you’re not even given the space to say nothing. “White Silence = Violence” is a slogan chanted and displayed in every one of these marches. It’s very reminiscent of totalitarian states where you have to compete to broadcast your fealty to the cause. In these past two weeks, if you didn’t put up on Instagram or Facebook some kind of slogan or symbol displaying your wokeness, you were instantly suspect. The cultishness of this can be seen in the way people are actually cutting off contact with their own families if they don’t awaken and see the truth and repeat its formulae. Ibram X. Kendi insists that there is no room in our society for neutrality or reticence. If you are not doing “antiracist work” you are ipso facto a racist. By “antiracist work” he means fully accepting his version of human society and American history, integrating it into your own life, confessing your own racism, and publicly voicing your continued support.

None of this is particularly new. “Woke” culture has spawned years of cancellations, terminations, and boycotts. It has also created a sense of pervasive fear in Christian communities. I’ve heard from friends even in deep-red communities such as Franklin, Tennessee, who are afraid to share their thoughts on social media for fear of corporate reprisal.

Sullivan is correct that intolerance is very real, but he’s wrong that present conditions are “very reminiscent of totalitarian states.” There is a substantial difference between state censorship—enforced at gunpoint—and the professional and social intolerance that dominates illiberal institutions. The East German Stasi would leave your body in a ditch. That’s a different universe of oppression compared to the harms woke America inflicts on its victims today..

Yet excessive fear reigns. My friend Rod Dreher’s influential blog has become a clearing-house for frightened Christian professionals to (anonymously) express their deep fears. Comment after comment will begin with the notation that the authors feels they can’t identify themselves:

“I am a full professor in the humanities at a major private university. Everyone on this blog would likely recognize my name if I published it here.”

“From a reader I know personally, and who correctly says she cannot identify herself: ‘Very few of us have practical freedom of speech anymore. Sure, the constitution lets us say it, but what good is that if it gets us mobbed?’”

I get correspondence like this all the time. And expressions of fear like this aren’t all that new. I’ll never forget the professor who spoke to me in whispers about his faith lest anyone overhear and threaten his tenure bid. I remember an extraordinary case in Georgia where the university Christian community remained largely silent as a fellow believer faced racism, rape threats, and death threats for defending religious freedom on campus.

As a matter of law, Christians are free. As a matter of fact, in many contexts across the country, Christians are afraid—and many of the people who are most in the grips of fear are those individuals who have thoughtful and reasonable things to say.

Rod points out that millions of Americans, repulsed by “wishy-washy” religiosity are seeking purpose in the “strong gods” on the illiberal left and right. It’s riots vs. crackdowns. It’s left-wing intolerance versus right-wing aggression. The reality hearkens back to the lines from W.B. Yeats poem, “The Second Coming,” that I wrote about two weeks ago: “The best lack all conviction, while the worst are full of passionate intensity.”

The fear of the Christian “best” is harming this nation. Millions turned to Donald Trump to fight for them, forgetting that a church that is supposed to be a source of salt and light should not empower malice and lies. The result, in Gen. James Mattis’s words, is “the first president in my lifetime who does not try to unite the American people—does not even pretend to try.” Christians put in power—and sustained in power—precisely the wrong man for this perilous moment.

Others, in spite of Christ’s admonition to deny yourself and take up your cross to follow Him, are not willing to risk tweetings when the apostles braved beatings. Their jobs are too precious to risk. Though they enjoy greater freedom from actual censorship than arguably any people in the history of the planet, self-censorship suffices to drive too many thoughtful Christian voices from the academy, the boardroom, and the office. But shrinking back in the face of challenges to career and reputation communicates fear, not faith, to a broken world. While the fearful Christian would never say this out loud, they’re functionally treating the “strong gods” of the partisan political moment as greater and more powerful than the God of the universe they seek to serve.

How do you respond to those “strong gods”? By showing them to be weak. Speak in the face of fear, but speak in the way that God desires. He has given His people a mission statement: “He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?” Each element is transformative. Each element is necessary. Any Christian movement that lacks justice, kindness, and humility is flawed. 

America is at an important crossroads. There is a stirring in the American heart—men and women who were once hardened against the words and testimonies of their black fellow citizens are starting, at last, to listen. But extreme voices seek to hijack the debate, to take advantage of the moment to continue ripping this nation to shreds.

Are Christians prepared to be the instruments of justice, mercy, and humility that this nation so desperately needs? Not if they remain afraid. Not if in their timidity they continue to empower our worst voices or refuse to speak the truth with grace and conviction. Christians have immense liberty in this nation, but our witness ultimately defines us, not our rights, and presently the Christian witness is all too often a witness of fear.

A shameless plug … 

My new book, Divided We Fall, is available for pre-order, and I just got my first review, from Publisher’s Weekly, and it’s good! The reviewer called the book an “incisive examination of contemporary political polarization” and said this “well-informed and often moving account provides an antidote to the ills of political partisanship.” I’m grateful! And I’d also be grateful if you pre-ordered the book, either at the Amazon link above or at Barnes & Noble (which needs your support.)

One last thing … 

This new song, from Kristene DiMarco, has truly touched my heart. I hope it blesses you—in a time of uncertainty and fear, let Jesus rise:

Photograph by Robert Alexander/Getty Images.

The Trump–Ukraine Transcript Contains Evidence of a Quid Pro Quo

I haven’t been a litigator since 2015. I haven’t conducted a proper cross-examination since 2014. But if I couldn’t walk a witness, judge, and jury through the transcript of Donald Trump’s call with Ukrainian president Volodymyr Zelensky and demonstrate that a quid pro quo was more likely than not, then I should just hang up my suit and retire in disgrace. Far from being “scattershot” — as my esteemed colleague Kyle Smith declares — the actual sequence is extremely tight, and the asks are very clear.

Indeed, as I also laid out today in Time and on Twitter, the sequence unfolds quite literally in consecutive paragraphs.

First, right near the beginning of the call, President Trump signals his displeasure with Ukraine. He notes that while the United States has been “very good” to Ukraine, he “wouldn’t say” that Ukraine has been “reciprocal” to the United States. There’s nothing subtle about this statement. It’s plain that Trump wants something from Ukraine.

To be clear, there is nothing inherently wrong with that. Nations strike deals all the time. It’s the nature of the proposed deal that’s potentially problematic, not whether two leaders bargain.

In the next paragraph, Zelensky responds with the key ask. He wants more Javelin missiles, an indispensable weapon system in Ukraine’s conflict with Russia. It’s an anti-tank missile that helps address the yawning power imbalance between the two countries. It doesn’t level the playing field, but it does help deter Russian aggression by raising the possibility of substantial armor losses on the battlefield.

Given the multiple layers of Ukrainian–American contact during the 2016 campaign cycle, a request for Ukrainian assistance in lawful American investigations of foreign interference is entirely proper. If that’s where the transcript ended, there would be no problems, and it’s entirely proper for Zelensky to respond “yes” and state that the matter was “very important to him.”

But then, in the following paragraph, Trump continues his ask. He says he is going to ask Rudy Giuliani, his personal attorney, to call Zelensky, and he asks Zelensky to take the call. Then, Trump says this: “The other thing, there’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that, so whatever you can do with the Attorney General would be great.” He continues, “Biden went around bragging that he stopped the prosecution so if you can look into it . . . It sounds horrible to me.”

And what is Zelenksy’s response? He pledges that the new Ukrainian prosecutor will be “100 percent” his person and that “he or she will look into the situation.”

I highlight the quid pro quo aspect of the transcript because the other published report — that Trump asked that Ukraine work with Giuliani to investigate Joe and Hunter Biden — is clearly and unequivocally established. The transcript provides proof that Trump made a completely improper request that the president of Ukraine work with Trump’s personal counsel to investigate a political rival. It provides strong evidence that this took place in the context of a quid pro quo for desperately needed military aid.

Trump’s comments to Zelensky should not be considered an offhand remark or word salad that’s merely “Trump being Trump.” Recall that Giuliani has been working on his Ukraine project for months. He has bragged that his efforts should be “very, very helpful to my client.” Trump has wanted to push Biden’s Ukrainian conflicts of interest into the center of the national debate.

More investigation is necessary. Congress needs to understand the full context of Trump’s decision to place a hold on military aid to Ukraine, it needs to hear the whistleblower’s complaint (though it appears that the whistleblower may have been mainly complaining about the call that we’ve now read), and it needs to determine what, if anything, Ukraine did in response to Trump’s requests. It also needs a full accounting of Giuliani’s odd actions on behalf of his client.

I’m honestly puzzled that Trump’s defenders online are claiming any kind of vindication over the contents of this transcript. It admits one profound abuse of power, and it implies another, even worse, violation of the public trust.

David French and Sohrab Ahmari: What Are We Debating?

Sohrab Ahmari has set off a bitter debate, but it’s not at all clear what that debate is supposed to be about.

  • Classical liberalism?
  • Civility?
  • President Trump?
  • The collected works of David French?

So far, it seems to be about all of those things put in a blender — which is not a recipe for maintaining useful distinctions. I’ll try to separate some of the discrete issues.

In the Transgender Debate, Conservatives Can’t Compromise the Truth

Over on the home page, J.J. McCullough has penned a piece urging a “compromise on transgenderism,” but as I read it, this proposed compromise looks a lot like capitulation. While J.J. rightly notes that the Left has overreached in its “effort to strong-arm sweeping social change as a flex of their power,” he asks conservatives to essentially abandon their central argument and accept the radical left’s premise that a man can be a woman or a woman can be a man. This paragraph stands out:

Though transgenderism is a far rarer phenomenon than homosexuality, I think most adults could admit it does seem like a rather persistent aspect of humanity. Most can probably recall a transgender person making at least some minor appearance in their life. If we concede that transgenderism is not going away, and is not something anyone intends to exert effort toward ending, then Americans, especially conservative ones, should reflect on our culture’s honest and fair attitude toward homosexuality and acknowledge that the most sensible path out of the present acrimony will probably require similar compromise. Some degree of cultural ceasefire and consensus seems the only path for both sides to maintain a degree of pride while avoiding a more radical, disruptive societal transformation. (Emphasis added.)

I can acknowledge that gender dysphoria is a “persistent aspect of humanity,” but I will not concede that gender dysphoria trumps biology, and I don’t think our culture should cease efforts towards “ending” the dangerous notion that men or women should amputate healthy organs in the quest to sculpt their bodies to become something they’re not. Gender dysphoria may not “go away,” but transgenderism is something else entirely. Our culture is in the midst of a live and important dispute over the very nature of biological reality — and over the psychological and spiritual health of hundreds of thousands of precious souls — and now is not the time to abandon the field.

J.J. says that “part one of the compromise will be borne by cultural conservatives and traditionalists.” And what does this compromise require?

It asks for broad tolerance for the reality that transgender men and women exist, and are entitled to basic human dignity, just like everyone else. This does not mean having to morally endorse behavior many may believe runs contrary to God’s plan for a just and healthy society, but it does imply that acts like ostentatiously calling people by pronouns they don’t want, or belittling their personal struggle, are boorish and petty. It means acknowledging that arbitrary discrimination against transgender people is a cruel bigotry like any other.

Wait just a moment. While I’m utterly opposed to boorish behavior, the use of a pronoun isn’t a matter of mere manners. It’s a declaration of a fact. I won’t call Chelsea Manning “she” for a very simple reason. He’s a man. If a person legally changes his name, I’ll use his legal name. But I will not use my words to endorse a falsehood. I simply won’t. We’re on a dangerous road if we imply that treating a person with “basic human dignity” requires acquiescing to claims we know to be false.

I don’t know any serious social conservative who doesn’t believe that a transgender man or woman is entitled to “basic human dignity.” No one is claiming that they should be excluded from the blessings of American liberty or deprived of a single privilege or immunity of citizenship. Any effort to strip a transgender person of their constitutional liberty should be met with the utmost resistance. But that’s not the contemporary legal controversy. Current legal battles revolve around the state’s effort to force private and public entities to recognize and accommodate transgender identities. The justification for this coercive effort is often the state’s alleged interest in preventing so-called “dignitary” harm. Thus, men are granted rights to enter a woman’s restroom, even when gender-neutral options are available. Thus, private citizens are forced to use false pronouns. Girls are forced to allow a boy to stay in their room on an overnight school trip, or they’re forced to compete against boys in athletic competition.

But once you grant the premise that a man is, in fact, a woman, don’t all these consequences flow directly from that concession? After all, existing nondiscrimination statutes are quite clear in their scope. And judicial precedents are increasingly aligning with this new fiction. To “compromise” on identity (including on pronouns) is to end the dispute.

In his own response to J.J.’s piece, Michael Brendan Dougherty asks a key question, “[A]re we allowed to tell the truth?” Increasingly, the answer is no. J.J. compares the modern dispute over transgenderism to current and recent fights over homosexuality. The comparison is instructive, but not in the way that he hopes. There has been no “compromise” over homosexuality. Instead, we’re locked in brutal legal fights over whether Christian bakers and florists can be compelled to use their artistic talents to celebrate gay weddings. Christian colleges have had to fend off challenges to their accreditation and funding (and the Obama administration raised the possibility of challenging their tax exemptions) for simply upholding basic standards of Christian sexual morality. And in California, the new sexual orthodoxy now threatens even the sale of books that deliver a disfavored message not just on sexual orientation but also on sexual conduct.

I understand the desire for social peace. Truly I do. The culture wars are exhausting and divisive. But treating every single human being with dignity and respect means not just defending their constitutional liberties and showing them basic human kindness, it also means telling the truth — even when the truth is hard. Any compromise that requires conservatives to grant the other side’s false and harmful premise is no compromise at all.