Abstract
Classic liberal legal thought has clearly been shaped by the influence of Christianity. But in recent years, the movement, like ancient Gnosticism, has some Christian elements, but has become a decidedly anti-Christian force in the courts. This comparison tracks well with the analysis of other parallel modern intellectual movements by the political scientist Eric Voegelin. It is also supported by current events such as the recent Federal District Court opinion by Chief Judge Vaughn Walker in Perry v. Schwartzenegger. Liberalism has transformed from an attempt at neutrality, to an established religion that not only promotes its own perverse version of the good, but also seeks to silence, and perhaps will seek to destroy, its perceived enemies. The precepts of the new liberalism are also incompatible with the law as it has been practiced in the west for the last eight hundred years, and incompatible with the Christian World as evidenced by the Bible and much of traditional orthodox Christian thought. A new political settlement is needed in the west that can continue to resist the pressures of religious groups who seek to dominate others by force, while at the same time allowing into the public square the reasons and ideas necessary for just civil government.
Recommended Citation
Donald R. McConnell, Is Modern Legal Liberalism Still Compatible with Free Exercise of Religion?, 33 Campbell L. Rev. 641 (2011).