#anticlericalism

I haven’t yet.

But I think like Nikolai Berdyaev:

Berdyaev was a member of the Russian Orthodox Church, and believed Orthodoxy was the religious tradition closest to early Christianity.

Nicholas Berdyaev was an Orthodox Christian, however, it must be said that he was an independent and somewhat a "liberal" kind. Berdyaev also criticized the Russian Orthodox Church and described his views as anticlerical. Yet he considered himself closer to Orthodoxy than either Catholicism or Protestantism. According to him, "I can not call myself a typical Orthodox of any kind; but Orthodoxy was near to me (and I hope I am nearer to Orthodoxy) than either Catholicism or Protestantism. I never severed my link with the Orthodox Church, although confessional self-satisfaction and exclusiveness are alien to me."

"Voto contro Natura" (Vote against nature) . Made between 1860 and 1870, it is the anti-clerical denunciation of the terrible practice of the forced monacation. The subject is a woman in religious clothes and in advanced pregnancy, hidden in a corner in a deep state of despair, almost as if it were a prisoner.

There is a dedication engraved in the base of sculpture: '' to the protectors and supporters of the vote against Natura '', a real scream against those who favored the practice of the forced monacation of pregnant girls. The environment around the woman is unequivocally miserable, squalid, to underline the sadness and impotence of the subject.

“Mr. Garland’s memo did acknowledge that “spirited debate about policy matters is protected under our Constitution.” That is true but doesn’t go nearly far enough. Education is mostly speech, and parents have a constitutional right to choose the speech with which their children will be educated. They therefore cannot constitutionally be compelled, or even pressured, to make their children a captive audience for government indoctrination.

Public education in America has always attempted to homogenize and mold the identity of children. Since its largely nativist beginnings around 1840, public education has been valued for corralling most of the poor and middle class into institutions where their religious and ethnic differences could be ironed out in pursuit of common “American” values.

The goal was not merely a shared civic culture. Well into the 20th century, much of the political support for public schooling was driven by a fear of Catholicism and an ambition to Protestantize Catholic children. Many Catholics and other minorities escaped the indoctrination of their children by sending them to private schools.

Nativists found that intolerable. Beginning around 1920, they organized to force Catholic children into public education. The success of such a measure in Oregon (with Democratic votes and Ku Klux Klan leadership) prompted the Supreme Court to hold compulsory public education unconstitutional.

The case, Pierce v. Society of Sisters (1925), was brought by a religious school, not a parent. The justices therefore framed their ruling around the threat to the school’s economic rights. But Pierce says that parents can educate their children outside state schools in accord with the parents’ moral and religious views.

Although the exact nature of this parental freedom is much disputed, it is grounded in the First Amendment. When religious parents claim the freedom, religious liberty seems an especially strong foundation. But the freedom of parents in educating their children belongs to all parents, not only the faithful. Freedom of speech more completely explains this educational liberty.

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The public school system, by design, pressures parents to substitute government educational speech for their own. Public education is a benefit tied to an unconstitutional condition. Parents get subsidized education on the condition that they accept government educational speech in lieu of home or private schooling.

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To be sure, Pierce doesn’t guarantee private education. It merely acknowledges the right of parents to provide it with their own resources. And one may protest that economic pressure is not force. But the Supreme Court has often ruled otherwise.

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When government makes education compulsory and offers it free of charge, it crowds out parental freedom in educational speech. The poorer the parents, the more profound the pressure—and that is by design. Nativists intended to pressure poor and middle-class parents into substituting government educational speech for their own, and their unconstitutional project largely succeeded.

Most parents can’t afford to turn down public schooling. They therefore can’t adopt speech expressive of their own views in educating their children, whether by paying for a private school or dropping out of work to home-school. So they are constrained to adopt government educational speech in place of their own, in violation of the First Amendment.

A long line of Establishment Clause decisions recognize the risk of coercion in public-school messages. In Grand Rapids School District v. Ball (1985), the high court condemned private religious teaching in rooms leased from public schools. “Such indoctrination, if permitted to occur, would have devastating effects on the right of each individual voluntarily to determine what to believe (and what not to believe) free of any coercive pressures from the State,” Justice William Brennan wrote for the majority.

Coercion seemed central in such cases because of the vulnerability of children to indoctrination. Summarizing the court’s jurisprudence, Justice Sandra Day O’Connor, concurring in Wallace v. Jaffree (1985), observed that “when government-sponsored religious exercises are directed at impressionable children who are required to attend school, . . . government endorsement is much more likely to result in coerced religious beliefs.”

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Rights are “exceptions” to power, James Madison observed. That is, rights defeat power. But contemporary judicial doctrine allows power to defeat rights—at least when government asserts what is called a compelling interest. One might think that a state’s compelling interest in public education overpowers any parental speech right. Yet because such analysis allows power to subdue rights, it is important to evaluate whether the claimed government interest is really compelling.

The U.S. was founded in an era when almost all schooling was private and religious, and that already suggests that any government interest in public education is neither necessary nor compelling. Further, the idea that public education is a central government interest was popularized by anti-Catholic nativists. Beginning in the mid-19th century, they elevated the public school as a key American institution in their campaign against Catholicism.

In their vision, public schools were essential for inculcating American principles so that children could become independent-minded citizens and thinking voters. The education reformer and politician Horace Mann said that without public schools, American politics would bend toward “those whom ignorance and imbecility have prepared to become slaves.”

That sounds wholesome in the abstract. In practice, it meant that Catholics were mentally enslaved to their priests, and public education was necessary to get to the next generation, imbuing them with Protestant-style ideas so that when they reached adulthood, they would vote more like Protestants.

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The inevitably homogenizing, even indoctrinating, effect of public schools confirms the danger of finding a compelling government interest in them. A 1904 nativist tract grimly declared that the public school is “a great paper mill, into which are cast rags of all kinds and colors, but which lose their special identity and come out white paper, having a common identity. So we want the children of the state, of whatever nationality, color or religion, to pass through this great moral, intellectual and patriotic mill, or transforming process.”

The idea of a common civic culture among children is appealing when it develops voluntarily, but not when state-approved identities and messages are “stamped upon their minds,” as the 1904 tract put it. Far from being a compelling government interest, the project of pressing children into a majority or government mold is a path toward tyranny.

The shared civic culture of 18th-century America was highly civilized, and it developed entirely in private schools. The schools, like the parents who supported them, were diverse in curriculum and their religious outlook, including every shade of Protestantism, plus Judaism, Catholicism, deism and religious indifference.

In their freedom, the 18th-century schools established a common culture. In contrast, public-school coercion has always stimulated division. It was long used to grind down the papalism of Catholic children into something more like Protestantism. Since then, there has been a shift in the beliefs that public schools seek to eradicate. But the schools remain a means by which some Americans force their beliefs on others. That’s why they are still a source of discord. The temptation to indoctrinate the children of others—to impose a common culture by coercion—is an obstacle to working out a genuine common culture.

There is no excuse for maintaining the nativist fiction that public schools are the glue that hold the nation together. They have become the focal point for all that is tearing the nation apart. However good some public schools may be, the system as a whole, being coercive, is a threat to our ability to find common ground. That is the opposite of a compelling government interest.

The public school system therefore is unconstitutional, at least as applied to parents who are pressured to abandon their own educational speech choices and instead adopt the government’s.

Leningrad / “St. Petersburg,” Russia: Anti-clerical action on the 100th anniversary of the Soviet decree on the separation of church and state, February 4, 2018. 

The action was held at the monument to ​​the 19th century revolutionary democrat and atheist N.G. Chernyshevsky.