MLK on the law

A slightly late post for Martin Luther King Day, when it is worth recalling MLK’s argument from the Letter from Birmingham Jail when he quotes Catholic saints Augustine and Thomas Aquinas to the make the case that an unjust law is not a law at all.  It’s worth rereading every year.  Remember that he is writing to other Christian clergy who have criticized him for being too confrontational.

YOU express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, it is rather strange and paradoxical to find us consciously breaking laws. One may well ask, “How can you advocate breaking some laws and obeying others?” The answer is found in the fact that there are two types of laws: there are just laws, and there are unjust laws. I would agree with St. Augustine that “An unjust law is no law at all.”

Now, what is the difference between the two? How does one determine when a law is just or unjust? A just law is a man-made code that squares with the moral law, or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. To use the words of Martin Buber, the great Jewish philosopher, segregation substitutes an “I – it”relationship for the “I – thou” relationship and ends up relegating persons to the status of things. So segregation is not only politically, economically, and sociologically unsound, but it is morally wrong and sinful. Paul Tillich has said that sin is separation. Isn’t segregation an existential expression of man’s tragic separation, an expression of his awful estrangement, his terrible sinfulness? So I can urge men to obey the 1954 decision of the Supreme Court because it is morally right, and I can urge them to disobey segregation ordinances because they are morally wrong.
Let us turn to a more concrete example of just and unjust laws. An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal.
Let me give another explanation. An unjust law is a code inflicted upon a minority which that minority had no part in enacting or creating because it did not have the unhampered right to vote. Who can say that the legislature of Alabama which set up the segregation laws was democratically elected? Throughout the state of Alabama all types of conniving methods are used to prevent Negroes from becoming registered voters, and there are some counties without a single Negro registered to vote, despite the fact that the Negroes constitute a majority of the population. Can any law set up in such a state be considered democratically
structured?
These are just a few examples of unjust and just laws. There are some instances when a law is just on its face and unjust in its application. For instance, I was arrested Friday on a charge of parading without a permit. Now, there is nothing wrong with an ordinance which requires a permit for a parade, but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.
Of course, there is nothing new about this kind of civil disobedience. It was seen sublimely in the refusal of Shadrach, Meshach, and Abednego to obey the laws of Nebuchadnezzar because a higher moral law was involved. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks before submitting to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience.
We can never forget that everything Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s Germany. But I am sure that if I had lived in Germany during that time, I would have aided and comforted my Jewish brothers even though it was illegal. If I lived in a Communist country today where certain principles dear to the Christian faith are suppressed, I believe I would openly advocate disobeying these anti-religious laws.

Paul Bhatti Takes Up His Fallen Brother’s Standard

At the conference in Rome last month, “Under Caesar’s Sword: Christians in Response to Persecution,” (see recent post)  one of the most riveting speakers was Paul Bhatti of Pakistan, brother of Shahbaz Bhatti, Pakistan’s first Federal Minister of Minority Affairs, a Christian, who was slain by extremist Islamic militants on March 2, 2011.  Now, Paul Bhatti is in the news for opposing Pakistan’s blasphemy law in the aftermath of three death sentences being handed down against people accused of defaming the Prophet Muhammad.  See the story here.  Note how Bhatti speaks of religious freedom in the language of peacebuilding and reconciliation.

 

Sunni and Shia Superpowers in a Cold War

The recent diplomatic row between Saudi Arabia and Iran over the Saudi government’s execution of a Shia cleric both exemplifies and deepens the division between Shias and Sunnis within Islam.  Saudi Arabia and Iran are respectively the Sunni and Shia superpowers within Islam and they are in a Cold War.  Longtime observer of Islam Robin Wright details the conflict in a piece worth reading in The New Yorker.

These sentences from the final paragraph are stark:

The current split mirrors a fundamental ideological and strategic division across the Middle East that is now at least as significant as the Arab-Israeli divide, which defined Mideast conflicts over the past six decades. The escalating sectarian rift in recent years is also one of the deepest fractures since the original schism between Sunnis and Shiites, nearly fourteen centuries ago, shortly after the death of the Prophet Muhammad.

In Solidarity With Persecuted Christians: From a Conference in Rome

Last week, December 10-12, an international conference, “Under Caesar’s Sword: Christians in Response to Persecution,” took place in Rome, hosted by the Center for Civil and Human Rights at the University of Notre Dame and the Religious Freedom Project at Georgetown University. The conference was designed to learn how Christian communities around the world respond to persecution and to increase solidarity with them. It introduced the results of the world’s first systematic global investigation into the responses of Christian communities to the violation of their religious freedom. The conference was not just the reports of scholars, though, but also featured the testimonies from global church leaders as well as activists who have experienced persecution directly. A major theme was also recognizing the 50th anniversary of Dignitatis Humanae, the Second Vatican Council’s Declaration on Religious Freedom. Here can be found the agenda, speakers, background information, and the like.

Here are some of the highlights of the conference:

** On the opening day, we heard from two patriarchs from the part of the world where the persecution of Christians is most in the headlines — Iraq and Syria.  Patriarch Louis Raphael Sako of the Chaldean Catholic Church in Iraq and Patriarch Youssef Younan of the Syriac Catholic Church both spoke emotionally about the plight of Christians in their region.  Patriarch Sako called for greater military intervention from the West in order to defeat the Islamic State.  Both lamented the exodus of communities that date back to the earliest times of Christianity and hoped that Christians would stay even while respecting the choice of people to leave or stay.

** What I think many of the participants, including myself, did not expect, were moving and inspiring testimonies from people who have suffered persecution at the grassroots.  There was Fr. Bernard Kinvi of the Central African Republic, who sheltered Muslims during his country’s war between Christians and Muslims. There was Helen Berhane, a gospel singer from Eritrea who spent over two years living in a shipping container because she would not renounce her faith. At the end of her panel she offered a song that she had composed while in captivity. Bishop Borys Gudziak of the Ukrainian Greek Catholic Church recounted his church’s long history of suffering underground under Soviet Communism and its heroic role more recently in the protests at Maidan Square in Kiev. Pakistan’s Paul Bhatti, a Catholic, spoke of his journey towards forgiveness and his decision to stay with the people of Pakistan after the assassination there of his brother, Shabhaz Bhatti, who had dedicated his life to protecting religious minorities in Pakistan.

** An extraordinary array of people attended the conference, portending the development of an integrated movement for religious freedom on behalf of persecuted Christians.  There were activist ngos like Aid to the Church in Need, Open Doors, Christian Solidarity Worldwide, and Oasis International; scholars; diplomats and ambassadors; and clerics and laypeople from numerous Christian churches around the world.  In terms of numbers, my own (rough) estimate is that about 300 were in attendance at the opening session and then around 150-250 over the remaining two days.

** The conference received impressive media attention. In attendance were journalists from The Wall Street Journal, Reuters, National Public Radio, the Osservatore Romano, The Boston Globe, Commonweal, Ave Maria Radio, and numerous other media outlets. See, for instance, this piece by Ines San Martin at Crux.  Al Kresta of Ave Maria Radio, host of “Al Kresta in the Afternoon,” interviewed numerous speakers and attendees and has decided to make these interviews a major theme of his show. This very week, I have been gratified to hear his interviews broadcast, including one with Joshua Landis of the University of Oklahoma, the Iraq and Syria expert among our scholars. Kresta’s show is syndicated among over 300 stations around the U.S.

** The second night of the conference featured a beautiful and haunting ecumenical prayer service at the Church of San Bartolomeo, a shrine to contemporary martyrs established by Pope John Paul II. The church is now run by the Community of Sant’Egidio, who hosted the prayer. Cardinal John Onaiyekan of Nigeria gave the homily, reflecting on the place of martyrdom in the Christian life.

** Central to the conference was the presentation of the findings of Under Caesar’s Sword’s team of 14 scholars, who have been researching firsthand some 30 countries where Christians have suffered persecution.  Some findings:

** There are a strikingly diverse array of countries and regimes where persecution takes place.  It’s not all Islam or even close to it.  There are regnant Communist regimes like China, Vietnam, and North Korea.  There are surprising countries like India, which is pluralist and peaceful in the popular imagination.  There are democracies and semi-democracies like Pakistan, Indonesia, India, and Nigeria.  We also looked at the increasing curtailment of religious freedom in the West, where it is exaggerated to say that persecution is taking place but where serious restrictions on religious freedom are rising.

** Responses to persecution fall into three categories ranging from reactive to proactive.  First are strategies of survival, or “coping”; second are strategies of construction where churches assert their mission in ways ranging among building bridges to other faith communities to extending social services and education, but do not directly confront the regime; third are strategies of confrontation, including popular protest and underground organized opposition.

** Strikingly rare among persecuted Christian minorities are resorts to violence.  Certainly there are cases of Christian violence, usually undertaken in self-defense, as in Nigeria, Central African Republic, and Indonesia.  Sometimes it becomes disproportionate and indiscriminate, as in the Central African Republic.  There are almost no instances of the formation of terrorist cells, though, among the Christian communities we heard about.

** In some cases, responses to persecution vivify the Christian gospel in a striking way. For instance, some Christians practice forgiveness. Paul Bhatti is a prominent example.  Others are willing to accept martyrdom. Bhatti’s brother Shabhaz stands out here.

** In part, the kind of response that Christians muster to persecution depends on the degree of repression and the size of the community — common sense, right?  But that doesn’t explain everything. China scholar Fenggang Yang of Purdue University gave the example of small Protestant communities who practiced “evangelization under all circumstances” under China’s most repressive period, 1966-1979.  Today the spectacular growth of Christianity in China can be attributed to these communities.  The blood of martyrs is seed of the Church, said Tertullian.

Dignitatis Humanae Then And Now

As the 50th anniversary of Dignitatis Humanae, the Second Vatican Council’s historical declaration on religious liberty, approaches on December 7th, 2015, the Wall Street Journal has published an excellent op-ed reflecting on the declaration by Fr. Arne Panula.   The human right that the Catholic Church finally came to embrace is now under fire around the world.

The Catholic Church’s Road to Religious Freedom: A Model For Islam?

I am pleased to share an op-ed of mine that The New York Daily News published this morning, “A Catholic Model for Muslim Awakening.”  The Paris massacres have brought still another round of debate on what sort of religion Islam is.  Predictably, there are renewed calls for an Islamic Reformation.  Others have called for an Islamic Enlightenment. Both are bad analogies, I argue.  A far better model is the Catholic Church’s long road to religious freedom, culminating in Dignitatis Humanae — the Church’s declaration on religious freedom — at the Second Vatican Council.   The Church’s historical trajectory shows how a religious community that once did not embrace religious freedom found a way to endorse it on grounds consistent with its traditional core commitments rather than on the basis of secularism or otherwise a departure from these commitments.   Arguments welcome!

From Godless to Godly: How Religion is Reshaping Russia’s Relations With the West

The following post is written by Jekatyerina Dunajeva of the Political Capital Institute and Eotvos Lorand University in Hungary and Karrie Koesel of the University of Notre Dame.  It is based on observations from fieldwork in Russia during July-August 2015 for “Under Caesar’s Sword,”  a global research project supported by the Templeton Religion Trust. The authors visited three major cities in Russia and conducted interviews with lawyers, religious leaders and laypersons, social workers, academics, and politicians. To protect identities, all informants are anonymous.

At the height of the Cold War Russia was frequently depicted in the West as a country ruled by godless communists—a brutal regime that set out to eradicate religion and thus, one that also lacked a strong moral compass. These same charges are again resurfacing many years later, but this time Russia is directing the charges at the West. Over the past several years, Russian leaders have played up its moral superiority and defense of traditional values, while openly criticizing the West as amoral and devoid of spiritual values.

How does a country redefine itself from godless to godly in just over two decades?

This shift must first be understood within Russia’s distinct pathway from communism. From a Western perspective, the Russian transition to democracy in the 1990s is generally considered a disappointment. This disappointment has again been reaffirmed under the rule of Vladimir Putin. Putin’s Russia has become increasingly autocratic with the centralization of power, decline in competitive elections, greater control over civil society and the media, and growing international isolation. Russia, in other words, failed to embrace democracy and democratic values.

From a Russian perspective, however, it is democracy and the West that have failed Russia. Political transitions are rarely seamless, and many Russians maintain that the West abandoned Russia in its time of need. The 1990s were awash with crumbling stability, social chaos, Ponzi schemes, the privatization of lucrative national industries, and extreme corruption. It is hardly surprising then that this same “democratic decade” is commonly associated with lawlessness, instability, and the decline of international prestige; and the fact that 61 percent of Russians prefer order to democracy, even when order means the curtailing of rights and freedoms.

The failure of Russian democracy has seeped into popular culture. In one telling instance, the word “democracy” in Russian slang is “dermokratiya” [дермократия]—a portmanteau of the words “crap” and “democracy”—in other words, “demo-crap-ia.” Even Russian police violence is associated with democracy. The rubber batons carried by police are nicknamed “democratizers” [демократизаторы]—a term that came of age in the 1990s when police used them to repress popular protests. Democracy, quite simply, is often seen as a destructive and destabilizing force, an imposed foreign political system that the misguided West exported. Religious communities have expressed similar opposition toward democracy. Roman Lunkin, one of the leading scholars of religion and society in Russia explained, “Orthodoxy is associated with resistance to democracy and with the ideology of Putin’s majority.”

The failed export of democracy alone, however, cannot explain the striking shift from a godless to a godly Russia. We must also consider the revised role of religion. In contemporary Russia there is now not only greater religious freedom and expression than in the Soviet past, but also some religious groups are playing a decisive political role. The Russian Orthodox Church, in particular, has waded into political waters declaring Orthodox Christianity as a sine qua non marker of Russian identity—in other words, to be Russian in a post-Soviet context is also to be Orthodox. Alexander Agadjanian, a professor of Religious Studies at the Russian State University of the Humanities has written that in many ways the enlisting of the Church to shape “the ‘new nation’ seems natural in Russia… given its dominant position and clear links with a dominant ethnos.” One lawyer working on issues of religious freedom in Russia explained that “There is still a mentality that being Orthodox is the right thing, it’s patriotic.” Indeed, not only do we see that “Russians are perceived as Orthodox,” added another colleague, but even “abroad Russia is symbolized through its Orthodox churches and cupolas.” Thus, both at home and abroad there is the constant reminder that Russian statehood was founded on religious principles.

Given these sentiments, it may seem natural that the Orthodox Church has taken on the role of national defender. Church leaders have become outspoken critics of any and all perceived threats to Russia, including NATO expansion, Western sanctions, the crisis in Ukraine, and domestic opposition groups. The defense of the motherland has also meant that the Church has gone on the offensive against liberalism. Patriarch Kirill has equated liberalism with evil and declared it a pathway that eventually leads to hell. The official website of the Orthodox Church claims that liberalism is not only an anti-Christian value system, but is also an anti-Russian one. Some religious activists warn “The enemies of Holy Russia are everywhere…We must protect holy places from liberals and their satanic ideology.”

Here, it is interesting to note that other religious communities have also gone on the offensive against liberalism in defense of traditional Russian values and joined the circle of anti-Western defenders of Motherland. “I love Russia,” shared a Baptist pastor, “I voted for Putin myself…. Crimea is ours – now that we have it again, fairness has won, and this is a pure Russian position.” The deputy mufti of Tatarstan, Rustam Batro, declared “Russia is the defender of traditional values on the world stage.” Another Protestant pastor we interviewed speculated that Russia is probably the last country “sticking with traditional values in Europe.” Putin’s traditionalism makes him popular among other Christian communities in Russia, suggested yet another Russian expert on religion during our fieldwork. Western consumerism and individualism, many religious leaders suggested, is what most Russians show aversion to.

To be sure, the defense of traditional Russian values feeds conveniently into the larger anti-Western rhetoric of Kremlin. At a Federal Assembly meeting Putin stressed the growing immorality and destruction of traditional values outside of Russia. As tensions with the West have increased this summer, Putin declared: “We can see how many of the Euro-Atlantic countries are actually rejecting their roots, including the Christian values that constitute the basis of Western civilization…. They are implementing policies that equate large families with same-sex partnerships, belief in God with the belief in Satan.” This moral superiority decline of Western values was also echoed among some religious communities. One expert of Evangelical Christianity explained that traditional values are “in the interest of a strong Russia…if we don’t have strong families, which are evidently weakened by same-sex marriage and similar horrific ideologies” it will prohibit the flourishing of the country.

As for the larger implications of the Russian shift from godless to godly, we observed at least two. One is that the Kremlin’s filtering of politics through a religious prism lends support to Russia’s increasingly illiberal and isolated position; it clearly distinguishes Russia from the West; it reinforces the idea that Russia is the only authentic alternative to Western ideology; and it positions Russia as pious and in contrast to an immoral West. This is a dangerous political project.

The other is that religious groups, for the most part, seem uncritically and openly participating in this latest political project. One Orthodox priest explained, “For the moment freedom is not a popular concept [in Russia], because we have to revive tradition and revive the Church. When we are reviving something from the past we have to take freedom away.” And yet, we cannot help wonder if this revival of the Church is also nurturing a precarious position for religious communities—one with hardened boundaries between themselves and their co-religionists abroad, one that props up an increasingly authoritarian regime, and one that encourages religious groups to be on the front lines of civilizational conflict.

New Web Site Launched For Under Caesar’s Sword

Check out the new web site for Under Caesar’s Sword, the project on Christian responses to persecution that I direct at the Center for Civil and Human Rights in partnership with the Religious Freedom Project at Georgetown University.  Thanks goes to our project manager, Zahra Vieneuve, who designed it and arranged the content.

Check out the tab “Rome Conference”for the latest on our upcoming conference of December 10-12, 2015.  And it’s not too late to consider attending!