Religion in Public Bioethics: A Necessary Player

Abstract

In a liberal, religiously pluralistic country like the United States, what role should religion play in public bioethics? In particular, how should a public commission, like the National Bioethics Advisory Commission (NBAC), address the concerns of people of faith? Can NBAC consider religious positions in identifying, developing, and justifying its policy recommendations, or do the First Amendment protections of freedom of religion preclude consideration of religious belief in public policy development?

The broad question of the appropriate role for religion in law and public policy has generated significant litigation1 and much literature. Here I focus on one aspect of this question: What role should religion play in the formation of public policy based upon explicitly moral values?

I will begin by considering whether the First Amendment protections of freedom of religion allow the explicit participation of religion in the formation of public bioethics policy. I will argue that they do. However, just because it is constitutional to do something does not mean that the government should do it. Therefore, I will then consider arguments that religious participation in bioethics policymaking is uniquely dangerous and should be discouraged. Finally, I will counter by advocating the engagement of religious voices in public policy debate. In short, I will argue that the inclusion of religious voices in the formation of public policy is not only constitutionally allowed but something to be encouraged.

Keywords: first amendment, religious freedom, public policy, liberalism, jurisprudence, constitutional morality, law and morality

JEL Classification: L18, K10, K32