(CLJ) Adrian Vermeule–All Human Conflict Is Ultimately Theological

First consider a pair of puzzles from the crucial period 2014-16 in American politics, when the tempo of liberalism’s sacramental celebrations increased sharply. In both cases, the puzzle is that political incumbents in a liberal regime—executive actors in one case, litigation groups and judicial actors in another—took actions that were flagrantly ill-advised from the standpoint of the ragion di stato, revealing deeper sacramental commitments and impulses.

The first was the Obama administration’s relentless attempt to force the Little Sisters of the Poor to either fund abortifacient contraceptives or, at least, to take action to pass the responsibility elsewhere. Commentators at the time criticized the seemingly inexplicable stupidity of the administration’s approach, which created a highly salient example of repressive regulatory secular liberalism and thus radically antagonized Christian conservatives, who proceeded to vote for Trump in large numbers. It is plausible to think that the voting pattern was partly caused bythe example, although, in the nature of the case, it is extremely difficult to establish such things one way or the other.

But this criticism, while entirely valid from a ragion di stato perspective, does not quite reach the root of the matter, at least if we understand the inner dynamics of sacramental liberalism. The very point of the administration’s conduct, on my view, was not (or not only) to force one smallish order of nuns to provide contraceptives—indeed, the very fact the administration offered a “voluntary” opt-out underscores that the real objective lay elsewhere. Rather, the objective was ceremonial—to force the nuns to acknowledge publicly the liberal state’s just authority, even in matters of religion, the authority to require either provision or the exercise of an opt-out, as the state saw fit. The main point was to stage a public, sacramental celebration of the justice of liberal power and of the overcoming of reactionary opposition.

Another example involves the puzzle of Obergefell[26]including the administration’s rather chilling representation at oral argument in the Supreme Court that institutions not supportive of same-sex marriage might have to lose their tax exemptions as contrary to “public policy,” as did racist institutions like Bob Jones University.[27] The puzzle is not only why the administration would make such an inflammatory threat, but also why such a judicial decision was necessary at all, when the tide of politics was running in favor of same-sex marriage anyway. Simple nonintervention, by means of any of the standard techniques available to the liberal Justices,[28] would have attained the same policy ends with far less political conflict. As far as instrumental political rationality went, all that was necessary was to do nothing.

But a conspicuous conflict with the settled mores of millennia was, of course, the point. It was right and just to have same-sex marriage not merely embodied in law, but declared a requirement of fundamental justice, coupled with a conspicuous defeat of the forces of reaction.

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