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Fides Et Libertas FOI ET LIBERTÉ FE Y LIBERTAD FÉ E LIBERDADE FAITH AND LIBERTY GLAUBE UND FREIHEIT FIDES ET LIBERTAS 2010 Religion, Human Rights, and Religious Freedom A Symposium Issue International Religious Liberty Association Printed in partnership with Liberty Magazine 12501 Old Columbia Pike Silver Spring, Maryland 20904-6600, United States of America Phone: +301.680.6686 Fax: +301.680.6695 E-mail: [email protected] Web site: www.IRLA.org International Religious Liberty Association Board of Directors Erton Kohler (Brazil) Denton Lotz (USA) Anatoly Krasikov (Russia) President, 2001-present Jairyong Lee (South Korea) John Graz (Switzerland) Israel Leito (Netherlands Antilles) Secretary-General Roland Minnerath (France) Delbert Baker (USA) Barry D. Oliver (Australia) Vice President John Rathinaraj (India) Bert B. Beach (USA) Paul S. Ratsara (Madagascar) Vice President Blasious Ruguri (Kenya) Barry W. Bussey (Canada) Gunnar Stålsett (Norway) Williams C Costa Jr (Brazil) Halvard Thomsen (USA) Alberto de la Hera (Spain) Vice President Bruno Vertallier (France) Rosa Maria Martinez de Codes Victor Vitko (Russia) (Spain) Vice President Gilbert Wari (Cameroon) Karnik Doukmetzian (Canada) Bertil Wiklander (Sweden) Vice President Ted N.C. Wilson (USA) Dan Jackson (Canada) Staff Robert Kyte (Canada) Barry Bussey G T Ng (Singapore) Representative to the United Nations Daisy J. F. Orion (Philippines) James Standish Treasurer Representative to the United States Government Robert Seiple (USA) Carol Rasmussen Vice President Executive Assistant James Standish (Australia/USA) Gail Banner Deputy Secretary General IRLA Specialist Todd McFarland (USA) Legal Advisor Advisory Directors Guillermo Biaggi (Argentina) Lee Boothby (USA) Gordon Christo (India) Rajmund Dabrowski (Poland) W. Cole Durham, Jr. (USA) Albert C. Gulfan, Jr. (Philippines) Eugene Hsu (China) International Religious Liberty Association Panel of Experts Robert Seiple Delbert Baker Amjad Shammout Jean Bauberot Henri Sobel Jean-Paul Barquon Gunnar Stalsett Bert B Beach James Standish Lee Boothby Tad Stahnke Barry Bussey H. Knox Thames José Camilo Cardoso Rik Torfs Blandine Chelini-Pont Mitchell Tyner Hui Chen John Witte Jr. Jaime Contreras International Pauline Cote Representatives Rajmund Dabrowski Elkana Kerosi Derek Davis (East-Central Africa Region) Jean-Arnold de Clermont Glenn Mitchell Alberto de la Hera (Northern Asia-Pacific Region) Cole Durham Gordon Christo Silvio Ferrari (Southern Asia Region) Alain Garay Unannounced John Graz (North American Region) Jeremy Gunn Raafat Kamal (Trans-European Region) Eugene Hsu Paul Charles Mar Gregorios Yohanna Ibrahim (Southern Africa Region) Vaughn James Jean Emmanuel Nlo Nlo Anatoly Krasikov (West-Central Africa Region) Michael Kulakov Jonathan C. Catolico Natan Lerner (Southern Asia-Pacific Region) David Little Karel Nowak Denton Lotz (Euro-Africa Region) Rosa Maria Martinez de Codes Brad Kemp Todd McFarland (South Pacific Region) Dallas Miller Roberto Herrera Nicholas Miller (Inter-American Region) Roland Minnerath Vasily D. Stolyar Karel Nowak (Euro-Asia Region) Gerhard Robbers Edson Rosa (South American Region) Jaime Rossell Declaration of Principles We believe that religious liberty is a God-given right. We believe that legislation and other governmental acts which unite church and state are contrary to the best interest of both institutions and are potentially prejudicial to human rights, and hold that religious liberty is best exercised where separation is maintained between church and state. We believe that government is divinely ordained to support and protect citi- zens in their enjoyment of natural rights, and to rule in civil affairs; and that in so doing, government warrants respectful obedience and willing support. We believe in the natural and inalienable right of freedom of conscience— to have or not have a religion; to adopt the religion or belief of one’s choice; to change religious belief according to conscience; to manifest one’s religion indi- vidually or in community with others in worship, observance, practice, promulga- tion, and teaching—subject only to respect for the equivalent rights of others. We believe that religious liberty also includes the freedom to establish and operate appropriate charitable or educational institutions, to solicit or receive voluntary financial contributions, to observe days of rest and celebrate holidays in accordance with the precepts of one’s religion, and to maintain communication with fellow believers at national and international levels. We believe that religious liberty and the elimination of intolerance and dis- crimination based on religion or belief are essential to promote understanding, peace, and friendship among peoples. We believe that citizens should use lawful and honorable means to prevent the reduction of religious liberty. We believe that the spirit of true religious liberty is epitomized in the Golden Rule: Do unto others as you would have others do unto you. Statement of Purposes The purposes of the International Religious Liberty Association are universal and nonsectarian. They include: 1 Dissemination of the principles of religious liberty throughout the world; 2 Defense and safeguarding of the civil right for all people to worship, to adopt a religion or belief of their choice, to manifest their religious convictions in observance, promulgation, and teaching, subject only to the respect for the equivalent rights of others; 3 Support for religious organizations to operate freely in every country through the establishment of charitable or educational institutions; 4 Organization of local, national, and regional chapters, in addition to holding seminars, symposiums, conferences and congresses around the world. Mission Statement The mission of the International Religious Liberty Association is to defend, protect and promote religious liberty for all people everywhere. Fides Et Libertas The Journal of the International Religious Liberty Association 12501 Old Columbia Pike Silver Spring, Maryland 20904-6600, USA Phone: 301.680.6686 Fax: 301.680.6695 www.IRLA.org John Graz, Publisher Barry W. Bussey, Editor Lisa Clark Diller, Book Review Editor Statements of fact in this issue of FIDES ET LIBERTAS are those of the authors as they understand the facts. The views expressed by the authors are their own and do not necessarily represent the International Religious Liberty Association. Copyright © 2009 International Religious Liberty Association. All rights reserved. Price US$10. 7 Editorial t is with great satisfaction that we present to you this year’s edition of Fides et ILibertas. In our effort to ensure that this journal becomes a valuable resource for the “Religious Freedom Practioner”—in other words the scholar, the lawyer, the advocate, the preacher, and the professor with a passion that mankind maintain the freedom of religion for all individuals—we have sought the premier scholars in the field. Professor John Witte, at the Center for the Study of Law and Religion, Emory University was most gracious in offering his assistance to ensure that Fides et Libertas became such a resource. You hold in your hand a spectacular edition. This is not only our largest publica- tion to date but perhaps our most important. The preeminent scholars who present their work in this volume are uniquely qualified for the task. They are people who have thought long and hard about the issues that confront us. Professor Witte has aptly introduced their work and I will not take up further space doing so here. Suf- fice it to say that you are in for a feast. As this journal is the flagship of the International Religious Liberty Associa- tion we continue to highlight the work of our Secretary-General Dr. John Graz. His yearly report includes some notes on his experience attending the Lutheran World Federation Assembly on July 22, in Stuttgart, Germany. The Lutheran commun- ity coming to terms with their past treatment of the Anabaptists is a tremendous example of what benefits flow when there is mutual respect for the religious expres- sions of others. Dr. David Trim’s book review essay tackles two very meaty works on the framing of the First Amendment to the United States Constitution. Trim’s erudite analysis is concise and fair. His reading of the works under review suggests that they “give little comfort to those who confidently affirm that the founders of the American republic clearly and consistently wanted complete and unconditional separation between church and state.” Finally, let me encourage you to spread the word about Fides et Libertas we are passionate about our subject and we want to do things better. If you have an article that you want us to consider for our next publication please feel free to contact us at your pleasure. Note our “Submitting Manuscripts” section for all of the details. Barry W. Bussey November 15, 2010 Casalaba Trent Hills, Ontario Canada 8 Contents Barry W. Bussey Editorial 8 Part One: Human Rights, & Religious Freedom A Symposium Issue John Witte, Jr. Foreword 13 Jeremy Waldron The Image of God: Rights, Reason, and Order 15 Kent Greenawalt Religion and Equality 33 Carolyn Evans Religion and Freedom of Expression 47 Douglas Laycock A Conscripted Prophet’s Guesses About the Future of Religious Liberty in America 62 9 Richard W. Garnett Religious Liberty, Church Autonomy, and the Structure of Freedom 77 William W. Bassett Religious Organizations and the State: The Laws of Ecclesiastical Polity and the Civil Courts 90 Johan D. van der Vyver The Right to Self-Determination
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