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That reflects an awfully narrow view of religion, responded Justice Antonin Scalia, in his dissent with Justice Clarence Thomas. "Let there be no doubt: This case is about discrimination against a religious minority," he wrote. "Most citizens of this country identify themselves as professing some religious belief, but the State's policy poses no obstacle to practitioners of only a tepid, civic version of faith. Those the statutory exclusion actually affects—those whose belief in their religion is so strong that they dedicate their study and their lives to its ministry—are a far narrower set. … In an era when the court is so quick to come to the aid of other disfavored groups, its indifference in this case, which involves a form of discrimination to which the Constitution actually speaks, is exceptional."

Scalia's dissent highlights a common thread in all of these cases: Antagonism to a religion that goes beyond private belief. Such animus is evident in our culture's frequent refrains of "I'm spiritual but not religious" and "Christianity is a relationship, not a religion." Both sayings connect to our hatred of religious hypocrisy. But a living Christian faith is greater than one's feelings or a "Jesus and me" emphasis that neglects the Second Great Commandment.

The state would have smiled approvingly if Catholic Charities and the Salvation Army had preached only to the choir. If the Boy Scouts were brave, trustworthy, and irreverent, they would still have their lease.

But biblically aware Christians cannot live by private faith alone.

We know what religion is. God himself has told us, through the apostle James: "Pure and undefiled religion before God and the Father is this: To visit orphans and widows in their trouble, and to keep oneself unspotted from the world."

Copyright © 2004 Christianity Today. Click for reprint information.

Christianity Today articles referred to in this article include:

Charity Defies California Law on Contraception | Court to decide if state can require Catholic ministries to pay for birth control. (June 25, 2002)

Weblog: California Supreme Court Orders Catholic Charities to Pay for Birth Control (March 02, 2004)

Out in the Cold? | Salvation Army sued for asking employees to support its mission (May 2004)

Scholarship Wars | Supreme Court says states can deny public funds to some religious students. (March 17, 2004)

Locke vs. Davey Won't Hinder Voucher Expansion, Say Legal Experts | Religious institutions must be included in federally funded programs. (March 17, 2004)

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May 2004, Vol. 48, No. 5