A Church-State Cage Match?

Reflecting on recent church-state legal disputes in Europe and America, Peter Berger offers a hypothesis as to their cause:

The new American secularism is in defense of the sexual revolution. Since the 1960s there has indeed been a sexual revolution in America. It has been very successful in changing the mores and the law. It should not be surprising that many people, especially younger ones, enjoy the new libidinous benefits of this revolution. Whether one approves or deplores the new sexual culture, it seems unlikely to be reversed. Yet Christian churches (notably the Catholic and Evangelical ones) are in the forefront of those who do want to reverse the libertine victory. Its beneficiaries are haunted by the nightmare of being forced into chastity belts by an all too holy alliance of clerics and conservative politicians. No wonder they are hostile!

Walter Russell Mead disagrees, arguing that for much of Western history “the church and the people agreed more than they disagreed” about basic issues of public morality, and the breakdown of this consensus has complicated our political life in ways Berger misses:

In a democratic society, laws about marriage reflect the majority’s views. A century ago, this wasn’t a problem because the majority of individuals, as well as churches, agreed about what marriage was. Today, no such consensus exists.

Where we disagree with Berger, then, is that the conflict over public morality isn’t a cage match between a unified Christian body and a unified secular movement. Society is becoming so diverse that any civil law on marriage will coincide with fewer people’s beliefs about what the law should be. This breakdown of cultural consensus is going to haunt American jurisprudence and political discourse for the foreseeable future.