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The Foundation of Religious Liberty ---- j THE FOUNDATION OF RELIGIOUS LIBERTY ---- - . -AS DEVELOPED ---BY 'rUE WORLD COUNCIL OF CHURCHES by 'Michael J. Sablica, Bach. Chern. Eng. A Thesis submitted to the Faculty of the Graduate School, Marquette University in Partial Fulfillment of tbe Requirements for the Degree of rvT.aster 0·£ Arts ill Theology Miltiaukee, \'lisconsin January, 1966 PREFACE Religious freedom is an ecumeni cal question of ut~st significance and impor tance in the world today. The whole world i s waiting for the Second Vatican Council to make a Pasoral state~ent on the subject of religious liberty. Bishop End.le Joseph De Sroet '6 of Belgium, schema on religious I liberty was rejected as postphoned by the last session of ( I the Council. His basi s .for rel1gous liberty was theologicaL Father John Courtney Murray, S. J. ot l'/oodst ock College, Maryland has been selected to draw up the schema on the subject of religious freedom. at the next session of the Council. He is a world wide authority on the subject. His articles have appeared in Theological Studies about religious liberty from 1950 onwar ds. There is a strange unexplainable I interruption of Father Courtney's artioles form 1955-1960 ; I and a continuation trom 1960 urtll his most recent scld.arly t reatise, Problem of Relistus Liberty, Judgin~ tro~ the nature of Father Courtney's works . his bas ~ s for rel i~jou s 2 f reedom would be juridic, rather than theological. 1. For the ultimate basi e of human dignity i e the fact that man is a creature of God. He i8 not God Himsel f, but an image of God. From this absolute dependence of man upon God there flows every r ight and duty of man to clainl for himself and for others true religious liberty. pg. 247. On pgs. 244--5, quoting Pope John 2), !:aeemand TerriS (1) by law of nature human person has the right to the free exercise of religion in society according to the dictates of a sincere con­ science. (2) public authority must respect this right as such a way that human perED n in society is kept immune from all coerci on of any kind. Kung . Congar J o. P. 0' Hanlon, S. J ., Riig10us Liberty, Council Speeches of Vatican II, 1964, pgs. 244-5, 47. 2. Interpreting Father Courtney's mind, I would pre­ suppose that he favors the second of the two views, \'1hich he presents. It is not in any sense fuetion of government to 2. Both of these viewpOints will be discussed in this thesis. It was my good fo·rtune at the suggestion of Father Sheets. / B.J., to receive direction from Father Murray on the particu- lar aspect of the problem. I am indebted to both for sUg­ gestions, directions, and also to Dr. Angel F. Carrillo de Albornoz, who supplied me ,With much intoXtation about the ideas of Religbus Freedom as d$veloped by the !oJ:~d Council of Church. Dr. Albornoz is Executive Secretary of the Secretariat on Religi,ous Liberty established in 1948 in Btdt 2:erJald .; The World Council of C~ohes considers re~igious freedom essential to. christian witness. The goal of the 3 wec : ftut unum s1 t " • The ecumenical movement, in caring for religious liberty, not only eon.siciers the churches which belong to it, but it bas l"egard foro and seeks to serve all christians and all men , inoluding those wholere non .. religious. The basiS of religious liberty agreed upon and discussed by specialists and theologians of theWCC are two. The basis of religious liberty is juridic or theological. A turther determination than presents itself. If the basis of religious liberty is juridic, does right flow from man's interior dignity and worth as a person. or from the non-competbce of the state 2 .. ' (continued)authol"ize the existe,nce of any religion true or false PtIJ.34 .... 9. "The legal institutiOn o£ religious t,eedom in its contemporary sense is not a positiW.$ authoriza­ tD.l'1 of either truth or error. The people of the United States inspt.t'ed by theper~nal andpoliticzal eonscioueness, declared tnt the free eXercise of religion is to be imm\U'le from coercive restJi1otion by the power of state Or any other power within $oei ety ft . pg . .3 9. »Wi th thi a growth of saan' s undersiandi ng of his pet§gnal an$! Roliticale.onsci,ousneas or himse~f as a 3. in spiritual matters. If the basis is theological, does religioUS liberty stem from man t s status 1. e. a perso", redeemed, who responds freely to God~s non·cOercive activity with mankind. Theologians not affiliated with the World Council of Chunches are divided in their opinions. Those favoring the theological basis for religious liberty are Congar. Martain" Danielou, Pribella, Hartmann, Leonard, Gustave Thebon, and Bishop De Smedt. Tb~Qlogians favoring the juridic basiS (not affiliated. with WCC) , Murray, LUiggi, Sturzo. Theologians J'elated. to WCC reflect a considerable degree of ecumenieal unanimity. There are two general tend~ncies. The first considers inner christian freedom independent and separate from sccial religious freedom, therefore, religious trf:edom is based on limitation of states power, (a juridic basis). This first opinion, the limitation of states t power has a large numbe r of devotees. Amons these follower:s could be classified such men as Dr. Nolde, Dr. Carrillo, Dean John Bennett (Union Theological Seminary, New York), J. H. Oldhem, Prof. George Peyrot, Prof. Searle Bates, (Pro:f.essor at Union Seminary at New York, member of Commission on Religious Liberty), Dr. John A. Mackay (former Preaident of the Tltlological Seminary, Princeton U.), Prof. N. H. Soe (member eommission of religious liberty), Dr. G. Voight (East GermMY me.r commission religious li bert y) 2. (continued) free persoll in free society, catholic doctrine on religious freed.om must l$.tewise grow in its under­ standing of itself .. pg. 90. Pope john saw the full imp!iication and articulated the concept of freedom as a political end and pol1tical method. pg .. 91. No argument can be made today which would validate the legal insittution of religious intolerance, much less canonize it as a eatholic ideal. The fact is that legal intolerance stands Gondemned today by the common consciousness of the peoples of the world. The condemnation is binding today on all civilized states. Today religiOUS freedom as a human and civil right, personal and corporate, requiring the protection 4. and Prof. Roger Mehl . The opposite opinion maintains (1) that freedom in Christ and social religious freedom are intimately rel&ted. (2) Inner chr'istian t~eedom implies recognition of social freedom. (j) State is viewed~ under GOd, as responsible for spirituaJ. welfare of community. r.1an 'a redeemed status and God's non-coercive . atti~y with man, postulates a free respons,e by man to God . This theological basis for religious freedom has an equally large folloWing. Included are such men ot the WCC as: Prof. H. Berkhot. (member committee on R. L.). Dr . C. Emmanuel Carlson (same committee), Dr. G. Carpenter (International Missionary ~'/ Couneil) J Dr. R. M. Fagley (Executive Sec. \'lCC), Sir Kenneth Grubb (Chairman Commission ot Char.ches on InternS10nal Affairs), Dr. Charles Malik (Former Chairman of U. N. Commission on Human Rights), Bishop Leslie Newbigin(Intemational MiSSionary Council), Dr. Vittorio Subilia, Dr. iW.A. Viseer T'Haft; and finally Dr. Amos N.• Wilder. 2. (Continued) ot a leg.al institution has emerged as an exigence of the personal and political reason. pg. t03-4. Mur~ay. J:ohn Courtney, , S.J.} The Problem otReligious Newman Press, 1964. J. Albornoz, de Carrillo, The Basis of Religious Freedom, Page 9. TABLE OF CONTENTS i PART I - Religious Liberty as Espoused by the World PAGES Council of Chur~hes ••••••••••••••••••••••• 5 - 12 A - Theological Basis of Religious Liberty developed by Theologians not affiliated wi th the ""orid Council of Churches •••• "... 13 - 20 B .. JU1""idic Basis for Religious Liberty developed by Theologians not affiliated with the World Council of Churches •••••••• 21 - 27 r!!ll'. II'" Basis for Religious Liberty as developed by Theologians and Ecumenical Assemblies affiliated with vlorld Council of ChUrches. 28 - 67 A - Theological Grounds for Religious Liberty. 28 - 36 1. The Redeemed Statu! of Man as a Theo­ l 'ogieal Foundation for ReligiQus Liberty ......... e· •• 'Ii' ............. e, ..... 4fo • .37 40 2.. a.od' S Way With Man as a Theological Foundation for Religious L1berty •••••• ~ 41 - 44 B - Juridic Basis for Religious Liberty ••••••• 45 - 55 1. Legal Limitations of Religious Liberty. ~6 - 60 2. Responsible Exercise o£ Religious Lib'ert..y •••••••• ,',........... '••••• ., ........ ,. 61 .... 67 5. j THE NOTION OF RELIGIOUS LIBERTY AS ESPOUSED BY WORLD COUNCIL OF CHURCHES "leligious liberty is a vague term used in designating many diff·erent kinds of religious freedom. The essential elements involved in the type of liberty which the ecumenical bodies of the World Council of Churches are seeking, include the following: (l) aetive s~ject - the whole human race, every human being, individually and collectively, who has the capability of exercising religious liberty within SOCiety! without any limitations regarding nation, color, sex, relig on. (2) The passive subject, whose duty it is to respect th~ religious liberty ot others. is human society in general. 0) Religious liberty must liberate from social coercion, :f.e~ physieal or ~oral restraint which undermines the Ultimate freedom of choice. (4) ReligiQus Inatters to be protected include the exercise of one's own chosen religion, or the right to change onete religion or belief, also all external activities of worship, preaching, teaching, practice, and obseX"Vance, and even the manifestattons in words and deeds of the imp&ations of one's own religious convictions for political, economic, or social relEtions.
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