Religious Freedom: All For One, One For All

The following piece is reprinted from The Observer at the University of Notre Dame, February 22, 2017, where it was titled, “Stand Against Persecution and Exclusion.”

By now, a wide array of critics of President Donald Trump’s recent executive order on refugees — including a passel of United States Catholic bishops — have explained with force and perspicacity how the action amounts to a failure of charity, hospitality and justice. Among the many baneful dimensions of the order is President Trump’s rhetorical insistence that Christians are to be favored and Muslims disfavored for entry into the U.S.

In fairness, the order itself does not privilege Christians or bar Muslims per se, and, in fact, makes religious persecution a factor that enhances a refugee’s case for entry — arguably a positive development that has historical precedent in the refugee policy of the United States. Even this gain, though, is offset by an indefinite bar of all refugees — whatever their religion — from Syria, one of the worst sites of religious persecution in the globe.

More troubling still, though, are Trump’s many statements that have advocated banning Muslims from immigration to the U.S., spoke of Muslims in derogatory terms and called for privileging the protection of Christians. These statements, undoubtedly designed to please the president’s most ardent supporters, are unjust and unwise. Making this case and denouncing the order are numerous leaders of Catholic, mainline Protestant and evangelical churches and of Christian organizations dedicated to relief, development and the alleviation of persecution.   

I applaud the protest of these leaders as co-director of a project, “Under Caesar’s Sword,” whose purpose is to promote solidarity with the world’s persecuted Christians. Based jointly at Notre Dame’s Center for Ethics and Culture and the Religious Freedom Institute in Washington, D.C., and funded by a grant of $1.1 million from the Templeton Religion Trust, “Under Caesar’s Sword” is the world’s first systematic global investigation of Christian responses to persecution.

The project is timely and urgent. Nearly 3/4 of the world’s population lives in a country where religious freedom is strongly curtailed, and Christians suffer persecution and discrimination more than people of any other faith. The advocacy group Open Doors reports that persecution only increased in 2016, when some 90,000 Christians were killed for their faith and some 215 million Christians faced persecution. Among the worst violators are the governments of North Korea, Iran, Saudi Arabia, China, Eritrea and India, as well as the Islamic State.

“Under Caesar’s Sword” reports the reality of this persecution but more centrally conveys the range of Christian responses to it, many of these hopeful and courageous. A better understanding of these responses can help the rest of the world, not least a Catholic university, stand in solidarity with persecuted Christians. On Thursday, Bishop Kevin C. Rhoades will be celebrating a mass for persecuted Christians at 5:15 p.m. in the Basilica of the Sacred Heart, followed by the screening of a short documentary film on the subject in Washington Hall at 6 p.m.

Solidarity with persecuted Christians, though, in no way justifies the exclusion of vulnerable Muslims from sanctuary in the U.S. or indifference to any human right of Muslims. Religious persecution of any kind and against anyone is a violation of the human right to religious freedom, which several major human rights conventions articulate. The Catholic Church committed itself to this human right definitively in its landmark declaration of 1965, “Dignitatis Humanae,” rooting religious freedom in the dignity of the human person and his or her search for religious truth.

Muslims themselves suffer the violation of religious freedom in great numbers. In some countries, Muslim minorities like Shias, Ahmadis and Sufis are persecuted at the hands of Sunni Muslim governments. Elsewhere, Muslims face repression at the hands of governments dominated by other religions, like Hindu India and Buddhist Burma, or secular governments, as is the case in China, Syria, Egypt, Turkey and several Central Asian republics. Muslims have faced harsh discrimination in the West, too. Even in the United States, which is relatively tolerant and open to Muslim assimilation, Muslims have been denied the right to build mosques and attacked by other citizens, as they were in a wave of incidents following President Trump’s election.

This is not to deny the frequency of violence committed by Islamist militants in the U.S. and around the world. President Trump’s policy, though, will do little to reduce this violence. The vetting of refugees is already remarkably stringent. The U.S. has accepted some 750,000 refugees since Sept. 11, 2001, not a single one of whom has committed a terrorist attack. 

Worse, the policy is likely to set back, not privilege, the cause of persecuted Christians. First, it undermines the credibility of these Christians’ appeals to universal human rights, makes their protests look like special pleading and hinders their already difficult task of gaining sympathy from human rights groups, the mainstream media, Western governments and international organizations. 

Second, the policy bequeaths recruiters of terrorists a perfect argument, confirming their contention that the United States wishes to fight a clash of civilizations between the West and Islam.

Finally, the policy suffocates a narrative that deserves far more attention: that of solidarity between Christians and Muslims in common cause against violence and persecution. One of the major findings of “Under Caesar’s Sword” is that Christians often respond to persecution by forming bonds with people of other faiths as a bulwark against extremists. “Under Caesar’s Sword” scholars document such cooperation with Muslims in Nigeria, Kenya, Syria, Iraq, India and Indonesia.

After Islamist attacks on Coptic Churches on New Year’s Day in 2011 in Alexandria, Egypt, Muslims joined hands in a human shield around Coptic churches during their worship services, and Christians likewise surrounded mosques. In the U.S., when Florida pastor Terry Jones burned the Quran on the ninth anniversary of the Sep. 11, 2001 attacks, Christian, Jewish and Muslim leaders joined to demonstrate against Jones’ deeds. 

We best promote religious freedom for one faith by doing the same for all faiths, and when we promote the religious freedom of one faith to the exclusion of others, we undermine our efforts even for that one faith.

Daniel Philpott

professor of political science

Feb. 20

Winning Clean

This op-ed in this past Sunday’s New York Times is one of the profoundest pieces I’ve read on military ethics in a long time. Again and again we hear about the allegedly excruciating dilemmas — can we torture this person to save scores of others?, and so on. The author, a soldier in Iraq, argues something very different: to compromise on ethics not only undermines the purposes the U.S. is fighting for but delays and hinders victory. He commends his piece to us in this age of Trump. Rightly so.

Arguing More With the New Critics of Religious Freedom

Over the past year or so, I and my colleague, friend, and fellow ArcU contributor, Tim Shah, have been arguing with what we call the “new critics” of religious freedom. They hold that religious freedom is a Western principle, reflecting Western power and history, and should not be exported, especially to the Muslim world. We demur.  Some previous pieces are here, here, here, and here.

Now, Tim and I have written an extended review essay of their most recent work, published in the Journal of Law and Religion. It’s our most extensive critique yet. We welcome continuing debate!

Intervening in our Culture War Over Islam

President Donald Trump’s executive orders on immigration and refugees have much to do with Islam. They are outrageous, in my view, and I will have more to say about them in a post to come soon. The orders are likely to play into a culture war over Islam that has been going on in the West at least as far back as the attacks of September 11th, 2001. It’s the same debate over and over again, flaring up every time there is an incident somewhere involving a Muslim or group of Muslims committing violence: Paris, San Bernardino, Berlin, Benghazi, ISIS, and so on. There are hawks who think that Islam is hardwired for violence and doves who think that Islam, like all religions, is basically peaceful but has its extremists.

Who is right? I take up this question through two pieces published in Public Discourse. See here and here. My arguments preview a book that I am revising for publication, Religious Freedom in Islam? Intervening in a Culture War. To preview my position, both hawks and doves are right and wrong. Understanding how can calm the culture wars and give us a more constructive approach to Islam, both within and outside the West. The key to it all is religious freedom.

The Abortion Paradox

This year, when I and most likely hundreds of thousands of other people walk in the March for Life in Washington, D.C., we will be doing so with greater optimism than we have had in many years. We have a president in the White House who promises strong measures to protect the unborn.

This is ironic. I did not vote for Trump in good part because of his many statements that augured exclusions of entire classes of people from our national life as well as the compromise of human rights. Yet he is quite likely to take serious measures towards including the unborn in our national community. Meanwhile, the other candidate promised inclusion and tolerance but would exclude the unborn from the human family right up to the moment of birth. Her party brashly celebrated its extreme abortion rights stance and made no room for pro-life voices in its 2016 national convention, just as in 2012.

This is what may be called the abortion paradox: Powerful organizations and sectors that profess themselves devoted to human rights and the protection of the weak are indifferent to or even support the largest human rights violation in the world. Major mainstream human rights organizations, much of the development community, and the preponderance of voices for justice in academia practice this paradox.

The largest human rights violation in the world? Yes, these are strong words. Readers of this post may not agree that unborn persons are fully human and so may demur. Suffice it to say that at the moment of conception, the fertilized ovum is an entirely unified individual human being, wholly distinct from (albeit highly dependent upon) his or her mother, and begins a process of development that, unless halted by nature or human hands, will last the entire career of his or her life. Embryo textbooks make it clear: Conception is when you started being you.

When a person starts being a person, he or she has human rights. It follows that the right of unborn persons to life is violated on a scale of around one million annually in the U.S. Globally, the World Health Organization estimates that some 40-50 million abortions take place every year, though other estimates place it around 12 million. Either way, the numbers are orders of magnitude beyond other classes of human rights violations, including those committed in the largest civil wars and massacres of the past generation.

Yet, in 2007, Amnesty International, the world’s most venerable human rights organization, declared its support for abortion rights – the human right to carry out a major human rights violation. Human Rights Watch supports abortion rights, too, as do major development organizations like Oxfam, as have top United Nations officials in human rights and development. Often they cite their goal as providing clean, safe abortions for women but almost never do they mention the rights of the other person affected by abortions.

The Democratic Party included leaders who professed pro-life stances around the time of Roe V. Wade, including Massachusetts Senator Edward Kennedy and civil rights leader Jesse Jackson. It was not at all inevitable that the Democrats — the party of the little guy — would be the party of abortion rights. Once the abortion lobby gained control of the issue in the early 1980s, though, it became impossible to become a national leader in the party and still be in favor of the right to life for unborn persons. Politicians like Albert Gore and Richard Gephardt abandoned their previous pro-life stances. Now legendary is the denial of a speaking spot at the 1992 Democratic National Convention to Pennsylvania Governor Bob Casey, who watched the proceedings from the rafters of the arena.

The upshot of the abortion paradox is that advocates of the right to life for the unborn receive no help from and are in fact opposed by some of the most powerful organizations that advocate for human rights and for the welfare of the world’s most vulnerable people. Compromised is the credibility of the human rights movement, which comes to look more like an ideology. The same paradox stands in the way of a unified coalition for human rights and of the possibility of a political platform that would support the right to life as well as provide substantial material help to women giving birth and to children at the youngest age. Instead, we are left with Trump for Life. In this endeavor, may he prosper.

Democrats Need to Get Religion

At least two friends forwarded me this interview conducted in The Atlantic Monthly by religion writer Emma Green, a journalist whom I always find insightful. Here, she interviews a former Obama White House staffer, Michael Wear, on the failure of the Democratic Party to understand and appeal to religion — arguably a major reason for Hillary Clinton’s defeat. The whole interview is worth reading, but here were some of the most salient moments for me:

Green: I’ve written before about the rare breed that is the pro-life Democrat. Some portion of voters would likely identify as both pro-life and Democrat, but from a party point of view, it’s basically impossible to be a pro-life Democrat. Why do you think it is that the party has moved in that direction, and what, if anything, do you think it should do differently?

Wear: The spending that women’s groups have done is profound. 2012 was a year of historic investment from Planned Parenthood, and the campaign in 2016 topped it.

Number two, we’re seeing party disaffiliation as a way of signaling moral discomfort. A lot of pro-life Democrats were formerly saying, “My presence here doesn’t mean I agree with everything—I’m going to be an internal force that acts as a constraint or a voice of opposition on abortion.” Those people have mostly left the party.

Third, I think Democrats felt like their outreach wouldn’t be rewarded. For example: The president went to Notre Dame in May of 2009 and gave a speech about reducing the number of women seeking abortions. It was literally met by protests from the pro-life community. Now, there are reasons for this—I don’t mean to say that Obama gave a great speech and the pro-life community should have [acknowledged that]. But I think there was an expectation by Obama and the White House team that there would be more eagerness to find common ground.

And this:

Green: One could argue that among most Democratic leaders, there’s a lack of willingness to engage with the question of abortion on moral terms. Even Tim Kaine, for example—a guy who, by all accounts, deeply cares about his Catholic faith, and has talked about his personal discomfort with abortion—fell into line.

How would you characterize Democrats’ willingness to engage with the moral question of abortion, and why is it that way?

Wear: There were a lot of things that were surprising about Hillary’s answer [to a question about abortion] in the third debate. She didn’t advance moral reservations she had in the past about abortion. She also made the exact kind of positive moral argument for abortion that women’s groups—who have been calling on people to tell their abortion stories—had been demanding.

The Democratic Party used to welcome people who didn’t support abortion into the party. We are now so far from that, it’s insane. This debate, for both sides, is not just about the abortion rate; it’s not just about the legality of it. It’s a symbolic debate. It’s symbolic on the pro-choice side about the autonomy of women and their freedom to do what they want with their bodies. On the pro-life side, they care not just about the regulations around abortion, but whether there’s a cultural affirmation of life.

Even the symbolic olive branches have become less acceptable.

 

Apology for Rwandan Genocide Comes from Catholic Church

This past November 20th, the Catholic bishops of Rwanda issued an apology for the Church’s complicity in the genocide in Rwanda in 1994. The apology and reactions to it are covered in this nice piece in the online Catholic journal, Millennial.

A Church apologizing?  The phenomenon joins a global trend of the last quarter century, namely a sharp historical spike in apologies issued by heads of corporate entities – sovereign states, churches, business corporations – for misdeeds committed in the name of their organization. In the Catholic Church, it was John Paul II who practiced apology most famously, offering over 100 apologies concerning some 21 different historical episodes and people groups.  This excellent book by journalist Luigi Accattoli covers it well.

As the Millennial piece suggests, political apologies are complex and not always well received.  The Rwandan Church’s apology met with sharp criticism from the Rwandan government. One might suspect, though, that this government has narrow political reasons for its stance. Rwanda’s President Kagame can be credited for keeping the peace and promoting development in Rwanda since the genocide but has done so through favoring an elite of the Tutsi minority, repressing political opposition, promoting and enforcing a narrative that blames the genocide exclusively on the majority Hutus and almost entirely avoids acknowledgment of Tutsi crimes, and links the Catholic Church to a narrative of complicity in this genocide. There is much truth to this complicity, of course, as the apology attests and the article explains. Far from the heroic role that the Catholic Church played in standing up to dictatorship and violence in countries like Poland, the Philippines, Chile, and Malawi, the Rwandan Church, including priests and members of the hierarchy, associated themselves closely with leaders who carried out the genocide and in some cases participated in carrying it out. It is also probable, though, that Kagame wishes to maintain the Catholic Church in a position of weakness so that it will not become an alternative center of authority that can challenge the government (as the Church has become in many African countries). By continually insisting on the Church’s guilt and its constant need to atone, Kagame keeps the Church on the defensive and thus crippled in its moral authority.

Political apologies can be strong or weak. Do those articulating them take responsibility for the full range of deeds done? Do they acknowledge the role of powerful members of their hierarchies in the misdeeds and speak for their institutions? Prior to the apology, did those voicing it make efforts to listen to members of the victims’ community and to discover what was desired? How well was the apology received by victims?  Was it answered with forgiveness and reconciliation?

By the first set of criteria – governing performance – the Rwandan Church’s apology seems like a good one. Whether it meets the latter criteria – being well received – is still an open question. The Rwandan government has criticized the apology, but this does not mean that others will not welcome it. We can pray that they do and that it will bring healing, which is ever critical even over 22 years after the genocide.

Good News for Religious Freedom Act

Six days ago Congress passed a bill strengthening the International Religious Freedom Act, which it passed in 1998.  Three days ago, President Obama signed the bill into law.

Here is a piece detailing the good news.

From the piece, here are three features of the law that enhance the religious freedom capacities of the U.S. government:

  • Requiring the ambassador-at-large for international religious freedom to report directly to the secretary of State;
  • Establishing an “entities of particular concern” category—a companion to the “countries of particular concern” classification used for nearly 20 years by the State Department—for non-government actors, such as the Islamic State (IS) and the Nigerian terrorist organization Boko Haram.
  • Instituting a “designated persons list” for individuals who violate religious freedom and authorizing the president to issue sanctions against those who participate in persecution.

Let us now urge President-Elect Trump to appoint a strong Ambassador-at-Large for International Religious Freedom — though it would be hard to improve upon the present one, Rabbi David Saperstein.

Atrocity in China

A piece in the Boston Globe today by Jeff Jacoby floored me.   He reports an atrocity in China — the government is killing more than ten thousand  prisoners every year by harvesting their organs while they are alive and then selling the organs.  The story, Jacoby reports, is being aired through two new films.

Here is how he describes that is happening:

The evidence, assembled by human-rights researchers and investigative journalists, added up to something unimaginable: China was killing enormous numbers of imprisoned men and women by strapping them down to operating tables, still conscious, and forcibly extracting their organs — and then delivering those organs to the hospital transplant centers that have become a major source of revenue.

To boot, those being killed are people being persecuted for their religious beliefs:

Chinese officials claim that organs come from violent criminals on death row. But “Human Harvest” makes it clear that most of those killed are peaceful citizens persecuted for their beliefs: Tibetans, Uighurs, Christians — and, above all, practitioners of Falun Gong, a Buddhist-style spiritual movement of peaceful meditation and ethical commitment.

Here is what he says about the two new films:

This week, two extraordinary Canadian films — one a chilling documentary, the other a riveting drama based on its findings — were released for sale on iTunes. Directed by Leon Lee, the films illuminate what may be the most depraved of all systematic human-rights atrocities in the world today: China’s industrial-scale harvesting of vital organs from prisoners of conscience, to be transplanted into patients paying exorbitant fees for a heart, kidney, or liver made available on demand.

The documentary, “Human Harvest,” won the coveted Peabody Award for its exposé of an unspeakable crime against humanity.

And more on the drama:

Hence Lee’s newest movie: a feature-length thriller, “The Bleeding Edge.”

The film stars Anastasia Lin, a gifted Chinese-Canadian actress who also happens to be the reigning Miss World Canada. She plays Chen Jing, a young Falun Gong practitioner who is jailed and brutally tortured for her refusal to “transform.” A simultaneous plot line follows James Branton (played by Jay Clift), a hard-charging tech entrepreneur whose heart collapses while on a business trip to China to close a major deal with the government. Branton receives an emergency transplant that saves his life — and motivates him to find out how a suitable organ could have been located so quickly.

Lin drew international headlines last year when she was forbidden to enter China, where the 2015 Miss World pageant was being held. For Lin, who was born and lived in China until she was 13, beauty pageants are a means of calling attention to human-rights abuses in her native land, and Beijing was intent on denying her a Chinese platform from which to speak.

This deserves attention!

Religious Freedom: For Me, For Thee, For a Divided America

This essay first appeared in the Irish Rover at the University of Notre Dame, December 1, 2016.

Donald Trump’s victory on November 8th has elicited deeper divisions than perhaps any U.S. election result since 1860, when the Civil War loomed.  Furious demonstrations, calls for violence from both sides, and a surge of assaults on minorities ignited by Trump’s campaign rhetoric make clear that if the Republic is going to function civilly as a democracy for the next four years, Americans who are bitterly divided must find a basis on which to live and deliberate together.  No mere truce will do.  We are divided by principles, so only a principle that we can all endorse can help us contest our positions peacefully.

One principle, kneaded into the American founding, long regarded as part of our collective heritage, yet called into question as of late, can help us a great deal: religious freedom.  Religion is far from the only source of our divisions.  Class, race, and the status of immigrants obviously featured prominently in the election.  Religion, however, persisted as a fault line, much to the surprise of analysts who thought its relevance had faded.  At stake in the election were not only religious concerns but the very freedom of Americans to express and practice their religion.

Both left and right rued compromises of this freedom.  Among the minority groups against whom Trump stoked resentment through his skillful demagoguery, Muslims stood out.  Shunning the United States’ heritage, exemplary among Western countries, of integrating Muslims into our common life as citizens and economic actors, an achievement enabled in no small part by our tradition of religious freedom, Trump promised to bar Muslims from entry into the United States and thus expanded Americans’ legitimate worries about terrorism into a fear of all Muslims.  His proposal was a form of discrimination that violated the spirit, if not the strict letter, of religious freedom and instigated acts that violated religious freedom directly.  An FBI report of mid-November showed that hate crimes in the U.S. have surged as of late and most acutely against Muslims.  Among people who did not vote for Trump – like myself – his incitement of such animus was chief among our objections.

Religion and religious freedom, though, were also on the minds of those – like myself – who did not pull the lever for Clinton.  Trump received a record 81% of white evangelical votes and won 56% – 40% among weekly churchgoers.  In Clinton, these voters perceived a commitment to continue the Obama administration’s aggressive secularism.  This perception offers an explanation for why Clinton lost the commanding lead that she enjoyed among Catholics in summer 2016, only to lose to Trump among Catholics, 52-45%, on Election Day.  In the interim, e-mails hacked from the Democratic campaign revealed cynical and condescending plans to divide and conquer Catholics voters, while Trump wrote a letter to Catholics speaking to their concerns about life and freedom that played well in Pennsylvania, Ohio, and the other Rust Belt states critical to his victory.

At the core of the Obama Administration’s aggressive secularism have been its sharp curtailments of the religious liberty of Americans in the realms of life, marriage, and sexuality.  Through administrative decrees, judicial appointments, and the pedagogical power of the presidential podium, the administration imposed and inculcated restrictions of the sort that Pope Francis has termed “polite persecution,” implying that they are similar in kind, if not in degree, to far more serious persecution.  Motivated by a secular ideology, they involve the imposition of serious material costs on Christian believers on account of their commitment to traditional Christian teachings. The costs have been borne by merchants, universities, schools, hospitals, charities, campus fellowships, students, public officials, employees, and citizens, who have been variously fired, fined, denied accreditation, evicted from campuses, seen their businesses ruined, and otherwise barred from living out their convictions.

While the mandate of the Health and Human Services Department, challenged by the Little Sisters of the Poor in the U.S. Supreme Court, stands as the most famous of these impositions, many others have been applied at other levels of government and by a wide range of institutions.  Combined, the restrictions amount to the largest curtailment of religious freedom in the history of the Republic, a judgment derived from factoring together the number of these restrictions, their frequency, the number of people to whom they apply, and the scope of affairs that they restrict, including norms of marriage and sexuality held by every society, every religion, until 11:59 pm on the clock of history.

Americans who disregard the religious freedom of other Americans, or of citizens of other countries, are afflicted with amnesia.  They have forgotten that religious freedom is in the First Amendment to our Constitution, and in our heritage.  Religious freedom has enabled religious people who were persecuted elsewhere to find not only refuge but also equality of citizenship in the United States: Mennonites, Amish, Mormons, Muslims, Methodists, Catholics, Seventh Day Adventists, Jehovah’s Witnesses.  In other times and places, too, the principle of religious freedom has been instrumental in ending strife and establishing peace among people divided by religious convictions.  The Emperor Constantine, influenced by the great Christian philosopher, Lactantius, declared religious freedom in the Roman Empire just following the colossal Diocletian Persecution.  Theologians and philosophers in Europe and colonial America in the 17th and 18th centuries articulated religious freedom as a principle by which Catholics and various and fractious Protestants could live together in peace.

A principle that establishes peace among people who differ over what they believe to be most important is one that Americans would do well not to forget at this moment.  Citizens wanting to make America great again should remember that welcoming religious (and other) minorities is what made America great in the first place.  Citizens wanting to advance new norms of marriage and sexuality should affirm that those who believe traditional norms to be the contours of God’s love must not be fired or fined for conducting their lives accordingly.  If religious freedom is for anyone, it must be for everyone.