You cannot say, “The People must remain absolutely neutral as to whether the People, as such, owe any allegiance to God, to acknowledge His benefits, and to pray for His protection.” To say it is to deny the debt. It is to take a position while trying to appear to take none. To decline to choose to pray, now and ever, is to choose not to pray. It is to choose irreligion. One should at least be honest about it.

We have all heard what has come to be a liberal dictum, that the State must remain neutral as regards religion or irreligion. One can show fairly easily that the men who wrote our constitution had no such neutrality in mind, given the laws that they and their fellows subsequently passed, their habits of public prayer at meetings, and their common understanding that freedom without virtue, and virtue without piety, were chimeras. To show that that understanding persisted, all one need do is open every textbook for school children published for almost two hundred years; or recall that Catholic immigrants established their own schools not so that their pupils might read the Bible, but so that they might choose which translation they were to read.

Still, there are two more fundamental reasons for rejecting the dictum. One is that it is not possible. The other is that it is not conceivable, even if it were possible. It is a contradiction in terms.

The Nude Beach Principle

On the impossibility: consider the effects of a permission that radically alters the nature of the context in which the action is permitted. We might call this the Nude Beach Principle. Suppose that Surftown has one beautiful beach, where young and old, boys and girls, single people and whole families, have been used to relax, go swimming, and have picnics. Now suppose that a small group of nudists petitions the town council to allow for nude bathing. Their argument is simple—actually, it is no more than a fig leaf for the mere expression of desire. They say, “We want to do this, and we, tolerant as we are, do not wish to impose our standards on anyone else. No one will be required to bathe in the raw. Live and let live, that’s our motto.”

But you cannot have a Half-Nude Beach. A beach on which some people stroll without a stitch of clothing is a nude beach, period. A councilman cannot say, “I remain entirely neutral on whether clothing should be required on a beach,” because that is equivalent to saying that it is not opprobrious or not despicable to walk naked in front of other people, including children.

Two factors must be at work, for the Nude Beach Principle to apply. One is whether we can expect some people to act upon the permission. The other is an easily predictable harm that the permission so acted upon will bring to people who do not act upon it, or who, because of moral disapprobation, disgust, fear, or pain, would never act upon it.

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