33 Pages Posted: 25 May 2006
The government exempts religious associations from taxation and, in return, restricts their putatively "political" expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religioni.e., that it is a "private" matterand of its proper placei.e., in the "private" sphere, not "in politics" it tempts believers and faith communities also to embrace this view. The result is a privatized faith, re-shaped to suit the vision and needs of government, and a public square evacuated of religious associations capable of mediating between persons and the state and challenging prophetically the government's claims and conduct.
JEL Classification: K1, K19
Suggested Citation: Suggested Citation
Garnett, Richard W., A Quiet Faith? Taxes, Politics, and the Privatization of Religion. Boston College Law Review, Vol. 42, p. 771, 2001; Notre Dame Legal Studies Paper No. 06-08. Available at SSRN: https://ssrn.com/abstract=904225