Journal of Catholic Legal Studies

The Liberal State’s Response to Religious Visions of Education

Symposium: Religious Education and the Liberal State

By: James G. Dwyer

The symposium centers on the work of James Dwyer, whose skepticism toward a reflexive embrace of parental rights has opened up new fronts in the debate over religion and education. Building on a Rawlsian understanding of liberalism, Dwyer has constructed a theoretical framework for the proposition that the state must take a more aggressive role in protecting children’s well-being, and that such well-being must embody certain universally applicable ideals of human flourishing, regardless of the religious convictions that may hold sway over child-rearing decisions in a given family. Unlike many liberal theorists, Dwyer welcomes—indeed demands—the widespread implementation of school vouchers, as he recognizes their potential to improve the quality of the secular education provided at the many religious schools that currently lack adequate resources. Dwyer also sees the regulatory strings accompanying vouchers as playing a valuable role in ensuring that children are not precluded from meaningful self-development simply by the accident of their birth into a family that rejects the educational promises of modern liberalism.

Dwyer’s proposition, of course, has not been met with open arms in all circles. Critics insist that Dwyer’s vision threatens to elevate a distant, faceless state bureaucracy over the intimacy and immediacy of parental love as the locus of child-rearing authority. Others claim that Dwyer’s secularized conception of a child’s best interests reflects an eviscerated understanding of the human person, and that his argument that the healthy formation of children is compromised in some religious traditions emanates from a caricature of religious education. The symposium’s participants now have the opportunity to supplement Dwyer’s portrayal of liberalism’s expectations of religious education with their own understandings of religion’s expectations of education.

Dwyer responds to these religious perspectives by revisiting his call for certain non-negotiable educational norms to be articulated and enforced by the state. He focuses his attention on the absence of compelling justifications for allowing parents’ religiously shaped preferences to deprive children of the tools necessary to develop their own autonomy. Emphasizing that his approach does not call for transforming children into “creatures of the state,” Dwyer recasts parental authority as a fiduciary relationship akin to stewardship, rather than an absolutist exercise of constitutionally protected power. At the boundaries, parental authority is checked by state authority.  The objective, in Dwyer’s view, is not to produce generations of state-approved, cookie-cutter children, but to ensure that children have the opportunity to define and pursue their own conceptions of the good.