Many have come to see religious liberty as a polarizing issue in America. How did this happen, and what do you think can be done about it? (The interview below was conducted by WORLD reporter Steve West.)

From WORLD. Americans are a litigious people and no less so in clashes over religious liberty. Every Supreme Court term, the court wrestles with questions about the place and importance of religion in society vis-a-vis other interests—like public health or LGBTQ rights. …

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In a 2023 book, Religious Liberty in a Polarized Age, constitutional law scholar Thomas Berg takes on hot topics. … I recently conducted an email interview with Berg, the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas School of Law in Minnesota. Here are edited excerpts from our conversation.

Polarization is nothing new in American society, and yet you rightly point out that the divisions—and the rhetoric—have become sharper and more heated in recent years. Sometimes it seems as if we are having two different conversations, talking past each other, presuming the worst of our opponents. How have we come to this point?

Social scientists say it began with the “sorting” of political parties from loose coalitions into more ideological blocs. … When you disagree with political opponents on every issue, not just some, it magnifies distrust. …

You make the argument that even religious liberty disputes have fueled this polarization. How do you see that continuing to play out in the coming year?

My book emphasizes two sets of disputes: attacks on the freedom of Muslims in the name of national security, and attacks on the freedom of religious conservatives (primarily Christians, but also Jews and Muslims) in the name of progressive interpretations of nondiscrimination. Although conservatives have won several recent cases, I expect they’ll face continued legal pressure, especially now that federal employment law has been read to prohibit LGBTQ discrimination. …

Your argument is that religious freedom should be a calming influence and not aggravate these often ugly disputes. Doesn’t that require a measure of trust many don’t seem to be able to muster? Where do we begin?

It requires small steps that can reduce distrust incrementally. I do argue in the book that the general direction must be bipartisan: laws protecting LGBTQ Americans from discrimination in employment, housing, etc., with substantial exemptions protecting objecting religious organizations and individuals. …

You are not alone in arguing that religious liberty, to be meaningful, must mean religious liberty for all faiths. And yet looking around the world, many Christians are skeptical that the Islamic faith produces tolerance for other religions. How do you respond to those concerns? …

The overwhelming number [of American Muslims] simply want to live out their faith in a free society. Indeed, they can help attest to the importance of faith in our secularizing times. Of course, extremism and terrorism are threats that demand great vigilance from security agencies, but that’s involved very small numbers in America.

Many Christians opposed federal legislation like the Fairness for All bill that guaranteed LGBTQ nondiscrimination rights with meaningful religious exemptions. What’s their best argument against such a law? Why do you believe it was a good path forward?

Skeptics of the Fairness for All bill correctly note that, with respect to nondiscrimination laws and religious freedom, the devil is in the details. Religious-freedom protections in such a bill must be strong, not easily evaded. I support Fairness for All because it has carefully constructed provisions that substantially achieve this goal. I wouldn’t claim it’s perfect—but the perfect shouldn’t be the enemy of the good. A legislative solution protecting both sides would be helpful, even crucial, to preserving religious liberty’s broad appeal in the future. The ongoing polarization over religious liberty harms its appeal. …

Hope in the midst of these religious liberty battles can be a challenge. Are you hopeful?

Since protecting both sides is important, I’m hopeful in noting that the Supreme Court has already done so — protecting religious liberty vigorously in multiple decisions while also protecting key LGBTQ rights in civil marriage and employment. … The lesson is important: In our pluralistic society, acknowledging other interests can help achieve real protections for religious liberty.

We know that religious freedom is one of the most important rights guaranteed in the Constitution. Share your prayers below for religious liberty in America.

(Excerpt from WORLD. Photo Credit: AndreyPopov/Getty Images via Canva Pro)