Posts tagged with: Freedom of expression

Blog author: jcarter
posted by on Wednesday, August 6, 2014

church-sunsetThe first kind of religious freedom to appear in the Western world was “freedom of the church.” Although that freedom has been all but ignored by the Courts in the past few decades, its place in American jurisprudence is once again being recognized.

Notre Dame law professor Richard Garnett explains how we should think about and defend the liberty of religious institutions:

To embrace this idea as still-relevant is to claim that religious institutions have a distinctive place in our constitutional order—and not only a distinctively worrisome or harmful one. It is to suggest that churches are not “just like the Boy Scouts” and that, while they to a large extent function in civil society in the same way and deliver the same Tocquevillian benefits as any number of voluntary associations, they are, in the end, different.

True, it is increasingly difficult, within the boundaries of argument set down by some versions of liberal political theory, to justify, on principled grounds, special treatment for religious liberty. Still, in our history and tradition, “religious” institutions and authorities have acted, and have been regarded, as special and distinct, whether or not “religion” has been understood as neatly separate from “culture,” “conscience,” or “morality.” We live under a written Constitution that “singles out” religion and we inhabit a tradition in which “church” and “state” have, in a special way, cooperated and contended. If it is anachronistic to invoke the freedom of the church, it seems even more ahistorical to deny the distinctive (for better or worse) place and role of religious actors in that tradition, and today.

Read more . . .

irf-reportYesterday the State Department released its International Religious Freedom Report for 2013. A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.”

“In 2013, the world witnessed the largest displacement of religious communities in recent memory,” is the depressing introduction to the report. “In almost every corner of the globe, millions of Christians, Muslims, Hindus, and others representing a range of faiths were forced from their homes on account of their religious beliefs.”
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Blog author: jcarter
posted by on Friday, September 20, 2013

UntitledIn an interview with Christianity Today, social critic Os Guinness explains why religious liberty it necessary for societal flourishing:

Americans employ the term “religious freedom,” while Europeans prefer the roughly synonymous term “freedom of religion and belief.” In the book, you suggest something deeper and broader with the term “soul freedom.” What is “soul freedom”?

“Soul Liberty” was Roger Williams’s magnificent term for religious freedom. It stands over against those who confuse religious freedom with mere toleration, or shrink it to mean only the freedom to worship. It challenges those who view it simply as “freedom for the religious,” or think that when religion is dismissed, religious freedom can be ignored. As Article 1 of the Global Charter of Conscience declares, religious freedom is “the right to adopt, hold, freely exercise, share, or change one’s beliefs subject solely to the dictates of conscience and independent of all outside, especially governmental control.” Seen this way, freedom of religion and belief (which covers secularist worldviews too) is essential because it involves nothing less that our freedom to be human.

You call “soul freedom” the “golden key” to building a free, just, and equitable public square. How so?

Religious freedom is a foundational human right that should be guaranteed and protected simply for its own sake. But over and above that, numerous studies show that when religious freedom is respected, there are many social and political benefits, such as civility in public life, harmony in society as a whole, and vitality in the entrepreneurial sectors of civil society. Violations of religious freedom, such as the recent health care mandates hitting Catholic hospitals and other religious employers, are therefore not only wrong, but blind. As such requirements spread, they will cramp, if not kill the goose that lays the golden egg. One day our brave new government officials will go out in the morning and find there is no golden egg—and therefore they must spend more, and grow government even larger, to cover the gap created by the diminishing of the faith-based organizations.

Read more . . .

Boy-Scouts-of-AmericaCalifornia lawmakers are moving close to a final vote on a bill that could threaten the tax-exempt status of a variety of groups — ranging from the Boy Scouts to Little League — if their membership policies are found to differentiate on “gender identity,” “sexual orientation,” and other bases. As Alliance Defending Freedom explains, the proposed legislation also threatens religious liberties:

SB 323, which bans discrimination based on “religion” and “religious affiliation,” and which contains no exemption from these bans for religious organizations, would strip religious youth organizations of d1cir tax-exempt status if they continued to select leaders and other persons responsible for carrying out their missions based on a shared set of religious beliefs.

Like SB 323′s ban on religious discrimination, its ban on sexual orientation discrimination, which is designed to punish BSA over its membership and leadership policy, will also severely and negatively impact religious organizations. Most religious organizations, undoubtedly including many covered by SB 323, require their leaders and members to express and conduct themselves in a manner that is consistent with their religious beliefs regarding sexual conduct. Under these types of policies, individuals who approve of or engage in conduct that contradicts a group’s religious teaching regarding sexual morality may be denied membership or leadership positions. Such policies likely conflict with SB 323. Thus, if passed, the bill will require religious organizations to choose between complying with the law and abandoning their religious convictions, or defying the law and losing their tax exemptions.

Religious organizations that select members and leaders who share their religious convictions to maintain a coherent religious identity and message are not engaging in invidious discrimination. Rather, they arc engaging in d1e most basic and fundamental exercise of religious freedom guaranteed by the First Amendment of the United States Constitution.

Read more . . .

(Via: The Foundry)

Blog author: jcarter
posted by on Friday, July 5, 2013

spyingThe stunning news that the United States may be the most surveilled society in human history has opened a fierce debate on security, privacy, and accountability, says Timothy George, dean of Beeson Divinity School. He says religious believers should be particularly concerned:

Persons of faith should be deeply concerned about the current surveillance flap not because privacy is an absolute end in itself but rather because it points to and safeguards something else even more basic and fundamental, namely, human dignity. According to Vatican II’s Declaration on Religious Freedom, Dignitatis Humanae, real dignity requires that human beings “should act on their own judgment, enjoying and making use of a responsible freedom, not driven by coercion but motivated by sense of duty.” Such responsible freedom is the basis for both the establishment of friendships and the maintenance of family life. Without the possibility of non-coercive self-disclosure, which is vitiated by unfettered intrusion, such relationships are fatuous.

In the same way, conscientious religious commitment also requires a personal fiducial response to the divine. Thus religious freedom presupposes the recognition of privacy as an expression of human dignity. By no means is this a strictly Catholic or even Christian issue. The Southern Baptist Convention was right to pass a resolution at its annual meeting in Houston this month defining religious liberty as “the freedom of the individual to live in accordance with his or her religiously informed values and beliefs,” and citing in support Article 18 of the United Nations Declaration on Human Rights: “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.”

Read more . . .

“Is there a religious way to pump gas, sell groceries, or advertise for a craft store?”

In a new paper, “God and the Profits: Is There Religious Liberty for Money-Makers?,” Mark Rienzi asks the question. (HT)

Rienzi, an assistant professor at the Columbus School of Law at The Catholic University of America, writes in direct response to the federal government’s HHS contraception mandate, focusing on the religious liberty challenges faced by for-profit companies. As Rienzi argues, imposing such penalties requires “singling out religion for disfavored treatment in ways forbidden by the Free Exercise Clause and federal law.”

From the abstract:

Litigation over the HHS contraceptive mandate has raised the question whether a for-profit business and its owner can engage in religious exercise under federal law. The federal government has argued, and some courts have found, that the activities of a profit-making business are ineligible for religious freedom protection.

This article offers a comprehensive look at the relationship between profit-making and religious liberty, arguing that the act of earning money does not preclude profit-making businesses and their owners from engaging in protected religious exercise.

Many religions impose, and at least some businesses follow, religious requirements for the conduct of profit-making businesses. Thus businesses can be observed to engage in actions that are obviously motivated by religious beliefs: from preparing food according to ancient Jewish religious laws, to seeking out loans that comply with Islamic legal requirements, to encouraging people to “know Jesus Christ as Lord and Savior.” These actions easily qualify as exercises of religion. (more…)

Blog author: jcarter
posted by on Monday, March 4, 2013

When future historians attempt to narrow down the exact point at which the concept of free speech died in Canada, they’ll likely point to Saskatchewan (Human Rights Commission) v. Whatcott, specifically this sentence:

censoredTruthful statements can be presented in a manner that would meet the definition of hate speech, and not all truthful statements must be free from restriction.

Jesus might have claimed that “the truth will set you free” but in Canada speaking the same truths proclaimed in God’s Word could potentially land you in jail.

“The ruling and the reasoning [behind it] is terrible,” defendant Bill Whatcott told LifeSiteNews.com. “They actually used the concept that truth is not a defense.”

The court ruled that making claims which could be construed as “detesting or vilifying” homosexual behavior is enough to classify speech as “hate speech”:
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During his address to German students yesterday, Secretary of State John Kerry offered a defense of freedom of speech and religion by saying that in the United States “you have a right to be stupid if you want to be.”

john-kerry“As a country, as a society, we live and breathe the idea of religious freedom and religious tolerance, whatever the religion, and political freedom and political tolerance, whatever the point of view,” Kerry told the students in Berlin, the second stop on his inaugural trip as secretary of state.

“People have sometimes wondered about why our Supreme Court allows one group or another to march in a parade even though it’s the most provocative thing in the world and they carry signs that are an insult to one group or another,” he added.

“The reason is, that’s freedom, freedom of speech. In America you have a right to be stupid – if you want to be,” he said, prompting laughter. “And you have a right to be disconnected to somebody else if you want to be.

“And we tolerate it. We somehow make it through that. Now, I think that’s a virtue. I think that’s something worth fighting for,” he added. “The important thing is to have the tolerance to say, you know, you can have a different point of view.”

No one familiar with John Kerry’s career should be surprised that he is snootily dismissive of Americans who hold views different from his own. And perhaps we should be grateful that a man who could have been president of the United States believes in “tolerating” those of us who stupidly oppose infringements on our religious liberties.

Still, as Ken Blackwell says, instead of talking of “tolerance” and how we “tolerate” ideas we think are stupid, Kerry might have told the young Germans about George Washington’s eloquent Letter to the Hebrew Congregation at Newport.

(more…)

Blog author: kspence
posted by on Thursday, October 13, 2011

There are no more Christian churches in Afghanistan — not a single public house of Christian worship is left standing. In other news, NATO success against the Taliban may have been intentionally exaggerated, although we already knew that progress in that country is… slow. It’s no surprise, of course, that the United States hasn’t been able to establish self government-in-a-box in a country where, according to the State Department, religious liberty has declined measurably even in the last year.

Religious liberty must be at the heart of any free society, because if it is not protected, all other defenses are sure to fall. The abuses of Christians in Afghanistan violate not only their rights of conscience, but also their rights of property and even of free movement — their churches are seized and they are imprisoned. Contracts with Christians are not enforced, converts to Christianity are openly persecuted, and Afghan politicians approve of all of this.

We should not expect that in ten years our diplomats could have effected a constitutional transformation of Afghanistan. Liberty “is the delicate fruit of a mature civilization,” as Lord Acton said, “from the sowing of the seed at Athens, two thousand four hundred and sixty years ago, until the ripened harvest was gathered” in Western Europe. (He delivered that address in 1877, so you’ll want to update the numbers.)

But a backslide is cause for concern. It suggests that there is something wrong with the conception of human freedom that is motivating our efforts.