ANNUAL REPORT 2018

international center for law and religion studies 3 International Center for Law and Religion Studies DIRECTOR’S MESSAGE

Human Dignity for Everyone Everywhere MISSION STATEMENT TABLE OF CONTENTS

The year 2018 marked two important milestones: the 70th anniversary implications of this declaration is that the best way to promote and It is the mission of the International Center for of the adoption of the Universal Declaration of Human Rights (udhr) protect religious freedom for all is to promote and protect human Law and Religion Studies at Brigham Young, Punta del Este Declaration on 2 by the General Assembly of the United Nations and the 25th Annual dignity for everyone everywhere. Human Dignity Law and Religion Symposium at BYU Law School. The symposium, Additionally, this annual report highlights many of our regional University to help secure the blessings of which predates the creation of the International Center for Law and conferences and international teaching programs, our scholarly work freedom of religion and belief for all people by 25th Annual International Law and 10 Religion Studies in 2000, was an important moment for reflection and and publications, and, as always, the many activities and contributions Religion Symposium recommitment to the Center’s mission of striving to help secure the of our students and visiting scholars. rights of freedom of thought, conscience, and religion for all people We are also pleased to include an important address made by Elder expanding, deepening, and 14 in all places. We are confident that the symposium has become one of L. Whitney Clayton of the Presidency of the Seventy of The Church Religious Freedom Annual Review the principal gathering places for worldwide discussions of law and of Jesus Christ of Latter-day Saints at the Religious Freedom Annual disseminating knowledge and expertise religion, bringing together leading global religious, academic, and Review in June 2018. His defense of religious identity as a counterpoint regarding the interrelationship of Keynote: “In the Marrow of 16 governmental leaders and thinkers. to other types of identity is a powerful reminder that religious freedom Their Bones” We commemorated both anniversaries by highlighting the key (sometimes called our “first freedom”) must not be neglected in our law and religion, value underlying the udhr—human dignity for everyone everywhere. efforts to protect other rights and freedoms. He also explains that as we Young Scholars Program on Religion 24 The topic of human dignity was the subject of conferences held in address problems of discrimination, we must remember that religious and the Rule of Law Budapest at Central European University in May; in Oxford at Christ discrimination is one of the principal types of discrimination that facilitating the growth of networks of scholars, Church in August, in conjunction with the charter class of our Young people suffer around the world. Regional Conferences 26 Scholars Fellowship on Religion and the Rule of Law; and in Provo We hope you will share our sense of energy and meaning that we experts, and policy makers involved in the at the Law and Religion Symposium in October. Along the way, we find in the work described on these pages. We are grateful to our many field of religion and law, and Publications 35 worked hard to help create a draft declaration that would strive for the supporters, colleagues, and friends, whose partnership makes this broad and universal embrace that was afforded to the udhr by the work possible. Event Timeline 36 nations and peoples of the world 70 years ago. contributing to law reform processes and The human dignity project culminated in a gathering of Gratefully, as always, approximately 40 of the world’s leading human rights scholars in broader implementation of principles of Students 38 Punta del Este, Uruguay, in December to complete and adopt the religious freedom worldwide. landmark Declaration on Human Dignity for Everyone Everywhere. International Advisory Council 42 The Punta del Este Declaration is reproduced in this annual report, Brett G. Scharffs along with the story of its drafting and adoption. One of the central Director, International Center for Law and Religion Studies Academic Advisory Board, Fellows, 45 and Staff

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ON 10 DECEMBER 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, stating that “the inherent dignity and . . . the equal and inalienable rights of all members of the human family [are] the foundation of freedom, justice and peace in the world.” For the declaration’s 70th anniversary, three iclrs conferences commemorated its creation. It was then reaffirmed in Punta del Este, Uruguay, with the creation of the Punta del Este Declaration on Human Dignity for Everyone Everywhere.

1–2 JUNE 2018 REAFFIRMED Regional Conference at Central European University 2–4 DECEMBER 2018 Budapest, Hungary Punta del Este Conference on Human Dignity for Everyone Everywhere 3–4 AUGUST 2018 Punta del Este, Uruguay Regional Conference at Christ Church Oxford, United Kingdom

7–9 OCTOBER 2018 25th Annual International Law and Religion Symposium at Brigham Young University Provo, Utah, usa

MORE ABOUT THE DECLARATION CAN BE UN PHOTO FOUND AT DIGNITYFOREVERYONE.ORG.

UN PHOTO

2 annual report 2018 MCCURRY STEVE

SEVENTY YEARS AFTER THE UNIVERSAL DECLARATION ON HUMAN RIGHTS Recognizing that severe violations and abuses of human dignity continue to this day, including through The Punta del Este Declaration on Human wars, armed conflicts, genocides, crimes against human- ity, war crimes, and the global crises concerning refu- Dignity for Everyone Everywhere gees, migrants, asylum seekers, and human trafficking, and that such depredations continue to threaten peace, December 2018 justice, and the rights of all;

Recognizing that human rights can easily be frag- mented, eroded, or neglected and that constant vigilance is necessary for human rights to be implemented, real- ized, and carried forward in the world; Whereas seventy years ago in the aftermath of Recalling that in spite of all of their differences, World War II, the nations and peoples of the world nations of the world concurred that the dignity of all Recognizing that human dignity for everyone came together in solidarity and solemnity and with- people is the basic foundation of human rights and of everywhere and at every level is threatened when the We, the undersigned, out dissent adopted the Universal Declaration of freedom, justice, and peace in the world; needs, interests, and rights of one group or individual are do solemnly reaffirm:

PREAMBLE Human Rights (udhr) as a common standard of placed ahead of those of other groups and individuals; achievement for all peoples and all nations; Recalling that human dignity is the wellspring of and underpins all the rights and freedoms recog- Emphasizing that equal human dignity is a status The Universal Declaration Whereas the Preamble of the udhr declares nized in the udhr as fundamental; with which all human beings are endowed, but also a of Human Rights continues that “recognition of the inherent dignity and of the value that must be learned, nurtured, and lived; to be “a common standard of equal and inalienable rights of all members of the Recalling that the udhr has served as the inspi- achievement for all peoples and human family is the foundation of freedom, justice, ration for an array of international and regional cov- Emphasizing that violations of human dignity and peace in the world”; enants and other instruments, as well as numerous require appropriate redress; all nations, to the end that every national constitutions, bills and charters of rights, individual and every organ of Whereas Article 1 of the udhr proclaims that and legislation protecting human rights; Emphasizing that human dignity is now a time- society, keeping the Declaration “All human beings are born free and equal in dig- tested principle that can help find common ground, rec- constantly in mind, shall strive nity and rights. They are endowed with reason and Recognizing that human dignity is not a static oncile competing conceptions of what justice demands, by teaching and education to conscience and should act towards one another in a concept but accommodates respect for diversity and facilitate implementation of human rights, and guide promote respect for these rights spirit of brotherhood”; calls for a dynamic approach to its application in the adjudication in case of conflicts, and that can also help and freedoms and by progressive diverse and ever-changing contexts of our pluralistic us respond to distortions, abuse, and hostility towards Whereas the equal human dignity of everyone world; human rights; measures, local, national everywhere is the foundational principle of human and international, to secure rights and reminds us that every person is of value Recognizing that although the notion of dignity Believing that human rights discourse might be less their universal and effective and is worthy of respect; has been criticized by some as being too abstract, it divisive than it often is and greater efforts might be made recognition and observance.” actually has been and remains a powerful organizing to find common ground; Whereas it is important to remember, reaffirm, force that points humanity towards its highest ide- and recommit ourselves to these basic principles; als and has proven itself as an influential heuristic in Believing that human rights must be read and real- constitutional and human rights discourse; ized together; Recalling that it was grave violations of human dignity during the wars of the twentieth century that Recognizing that the concept of human dignity Believing that the concept of human dignity can help preceded and precipitated the udhr; emphasizes the uniqueness and irreplaceability of us understand, protect, and implement human rights every human being; that it implies a right of each globally; and Recalling the international consensus that individual to find and define the meanings of his or domestic law alone had not been sufficient to safe- her own life; that it presupposes respect for pluralism Hoping that the present century will be more guard against and avoid the human rights violations and difference; and that it carries with it the respon- humane, just, and peaceful than the twentieth century; of the World Wars; sibility to honor the dignity of everyone;

4 annual report 2018 international center for law and religion studies 5

We, the undersigned, do solemnly issue the following Declaration on Human Dignity for Everyone Everywhere:

Foundation, Objective, and Criterion. Duties and Responsibilities. 1The inherent human dignity of all people and the importance of respecting, promoting, and protecting 4 Human dignity for everyone everywhere emphasizes the concept in the udhr that rights include accom- human dignity for everyone everywhere is the foundational principle and the key objective or goal of panying obligations and responsibilities, not just of states but also of all human beings with respect to human rights, as well as an invaluable criterion for evaluating laws, policies, and government actions for the rights of others. Dignity is a status shared by every human being, and the emphasis on everyone and how well they accord with human rights standards. Protecting, promoting, and guaranteeing respect for everywhere makes it clear that rights are characterized by reciprocity and involve corresponding duties. the human dignity of everyone is a fundamental obligation of states, governments, and other public bod- Everyone should be concerned not only with his or her own dignity and rights but with the dignity and ies, whether local, regional, national, or international. Promoting human dignity is also a responsibility rights of every human being. Nonetheless, human dignity is not diminished on the ground that persons are of all sectors of society, and of each of us as human beings. Doing so is the key to protecting the equal and not fulfilling their responsibilities to the state and others. inalienable rights of all members of the human family, and remains the foundation of freedom, justice, and peace in the world. Education.

Generating Agreement and Building Common Understanding. 5Recognition of human dignity is a vital basis for teaching and education. Human rights education is of importance to promoting respect for the equal dignity of everyone. Such education is essential for sustain- 2The inherent dignity of every human being was the key idea that helped generate agreement and a com- ing dignity and human rights into the future. Equal access to education is a crucial aspect of respecting mon understanding at the time of the adoption of the udhr about human rights of all people, in spite of human dignity. diversity and deep differences, notwithstanding divergent political and legal systems. Human dignity for everyone everywhere is valuable as a point of departure for exploring and understanding the meaning of human rights, as a basis for finding common ground regarding human rights and consensus about their content and meaning. It provides an approach to building bridges between various normative justifica- Seeking Common Ground. tions of human rights, including those with religious and secular theoretical groundings. Respecting human dignity for everyone everywhere facilitates discussions on different conceptions of shared values. Focusing on human dignity for everyone everywhere encourages people to search for ways to find com- Human dignity is a broad concept that nevertheless invites in-depth reflection within differing traditions 6 mon ground regarding competing claims and to move beyond exclusively legal mechanisms for harmoniz- and perspectives. Human dignity for all reminds us that human rights are universal, inalienable, indivis- ing, implementing, and mutually vindicating human rights and finding solutions to conflicts. ible, interdependent and interrelated.

Implementing and Realizing Human Rights in Legislation. Defining and Specifying Human Rights. 3 7Recognition of human dignity for everyone everywhere is a foundational principle of law and is central to Dignity is an essential part of what it means to be human. Respect for human dignity for everyone every- developing and protecting human rights in law and policy. The richness of the concept of dignity resists where helps us define and understand the meaning and scope of all human rights. Focusing concretely exhaustive definition, but it encourages the pursuit of optimum mutual vindication where conflicting and in actual situations on human dignity and its implications for particular human rights claims can help rights and values are involved. It is critical for moving beyond thinking exclusively in terms of balancing identify the specific content of these rights as well as how we understand human dignity itself. and tradeoffs of rights and interests.

6 annual report 2018 international center for law and religion studies 7 Original Signatories to the Declaration Gabriel Gonzáles Merlano (Uruguay), Professor and Clelia Piperno (Italy), Professor of Comparative Consti- Coordinator of the Humanities, Universidad Católica tutional Law, University of Teramo David Alton, Lord Alton of Liverpool (United Kingdom) del Uruguay Ann Power-Forde (Ireland), Human Rights Jurist Rodrigo Vitorino Souza Alves (Brazil), Director, Brazilian T. Jeremy Gunn (Morocco), Professor of Law and Politi- Frank Ravitch (United States), Professor of Law and Wal- Center of Studies in Law and Religion cal Science, International University of Rabat ter H. Stowers Chair of Law and Religion, Michigan State Kristina Arriaga (United States), Vice Chair, United Muhammed Haron (Botswana), Professor, Depart- University College of Law States Commission on International Religious Freedom ment of Theology and Religious Studies, University of Gerhard Robbers (Germany), Emeritus Professor, Uni- (uscirf) Botswana versity of Trier; Former Minister of Justice and Consumer Carmen Asiaín Pereira (Uruguay), Alternate Senator, Charles Haynes (United States), Vice President, Freedom Protection of Rhineland-Palatinate Parliament of Uruguay; Professor of Law and Religion, Forum Institute / Religious Freedom Center; Senior Neville Rochow SC (Australia), Barrister / Board Mem- University of Montevideo Scholar, First Amendment Center ber, University of Adelaide Research Unit for Society, Paul Babie (Australia), Director, Law and Religion Proj- Mark Hill QC (United Kingdom), Professor, Centre for Law and Religion ect, Research Unit for the Study of Society, Ethics, and Law and Religion, Cardiff University Melissa Rogers (United States), Nonresident Senior Fel- Reconciliation and Adjudication. Law, Adelaide Amineh Ahmed Hoti (Pakistan / United Kingdom), Exec- low in Governance Studies, Brookings Institution Andrew Bennett (Canada), Program Director, Cardus utive Director, Centre for Dialogue and Action Hans Ingvar Filip Roth (Sweden), Professor of Human Recognition of human dignity for everyone everywhere is an important constitutional and legal principle Law; Former Ambassador for Religious Freedom and 8 Scott E. Isaacson (United States), Senior Fellow and Rights, Stockholm University Institute for Turkish Stud- Head of the Office of Religious Freedom, Canada for reconciling and adjudicating competing human rights claims, as well as claims between human rights Regional Advisor for Latin America, International Center ies (suits) Thomas C. Berg (United States), James L. Oberstar Pro- and other important national and societal interests. Mutual vindication of rights may be possible in adju- for Law and Religion Studies, Brigham Young University Vanja-Ivan Savić (Croatia), Associate Professor, Depart- fessor of Law and Public Policy, University of St. Thomas dication and may be further facilitated if all involved focus on respecting the human dignity of everyone. Merilin Kiviorg (Estonia), Senior Research Fellow in Pub- ment for Legal Theory, University of Zagreb, Faculty of School of Law When mutual vindication of rights is not possible, dignity for all can help us to delineate the scope of lic International Law and Human Rights, University of Law Heiner Bielefeldt (Germany), Professor of Human Rights Tartu Faculty of Law Brett G. Scharffs (United States), Director, International rights, to set the boundaries of permissible restrictions on the exercise of rights and freedoms, and to seek and Human Rights Policy, University of Erlangen; For- Douglas Laycock (United States), Robert E. Scott Dis- Center for Law and Religion Studies, Brigham Young to bring into fair balance competing rights claims. Respect for dignity plays an important role not only in mer UN Special Rapporteur for Freedom of Religion or tinguished Professor of Law and Professor of Religious University formal adjudication but also in mediation or other forms of alternative dispute resolution. Belief Studies, University of Virginia Chris Seiple (United States), President Emeritus, Insti- Sophie van Bijsterveld (Netherlands), Senator, Dutch Tore Lindholm (Norway), Emeritus Professor, Norwe- tute for Global Engagement Upper House of Parliament; Professor of Religion, Law, gian Centre for Human Rights, University of Oslo and Society, Radboud University Ahmed Shaheed (Maldives), United Nations Special Rap- Nikos Maghioros (Greece), Assistant Professor of Canon porteur for Freedom of Religion or Belief Potential Difficulties Involving Competing Human Rights Claims. Ana María Celis Brunet (Chile), Associate Professor, and Ecclesiastical Law, Faculty of Theology, Aristotle Center for Law and Religion, Faculty of Law, Pontificia Marek Šmid (Slovakia), Rector, Trnava University; Presi- University of Thessaloniki Universidad Católica de Chile; President, National Coun- dent, Slovak Rectors’ Conference 9 cil of the Chilean Church for the Prevention of Sexual Tahir Mahmood (India), Distinguished Jurist Chair and Dicky Sofjan (Indonesia), Indonesian Consortium for Reli- Respecting the human dignity of everyone everywhere supports effective human rights advocacy. Abuse and Accompaniment of Victims Professor of Eminence, Faculty of Law, Amity University gious Studies, Graduate School, Universitas Gadja Mada Recognizing the universal and reciprocal character of human dignity is a corrective to positions claiming S. David Colton (United States), Chair, International Kishan Manocha (Poland), Senior Adviser on Freedom Pinghua Sun (China), Professor, China University of rights for some but not for others. It helps to defuse the hostility that is often associated with human rights Advisory Council, International Center for Law and of Religion or Belief, osce/odihr Political Science and Law Religion Studies, Brigham Young University controversies and to foster constructive dialogue. It also helps mitigate the distortion, avoidance, and Javier Martínez-Torrón (Spain), Director, Department Katrina Lantos Swett (United States), President, Lantos of Law and Religion, Complutense University Madrid selective recognition of human dignity. Simona Cruciani (United States), Political Affairs Officer, Foundation for Human Rights & Justice; Former Chair, United Nations Office on Genocide Prevention and the School of Law United States Commission on International Religious Responsibility to Protect Nicholas Miller (United States), Director, International Freedom Fadi Daou (Lebanon), Chair and ceo, Adyan Founda- Religious Liberty Institute, Andrews University Nayla Tabbara (Lebanon), Director, Institute of Citizen- tion, Beirut Dato’ Dr. Mohd Asri Zainul Abidin (Malaysia), Associate ship and Diversity Management, Adyan Foundation, Most Egregious and Most Feasible. Ganoune Diop (Senegal), Secretary General, Interna- Professor, Universiti Sains Malaysia Beirut tional Religious Liberty Association Juan G. Navarro Floria (Argentina), Professor of Law, Eiichiro Takahata (Japan), Professor of Law, Nihon Uni- Human dignity for everyone everywhere reminds us to work toward the elimination of the most egregious Gary B. Doxey (United States), Associate Director, Inter- Pontificia Universidad Catòlica Argentina versity College of Law, Tokyo 10 national Center for Law and Religion Studies, Brigham abuses of the human rights of individuals and groups, including genocide, crimes against humanity, war Jaclyn L. Neo (Singapore), Assistant Professor of Law, Jeroen Temperman (Netherlands), Professor of Public Young University National University of Singapore Faculty of Law; Deputy International Law, Erasmus University Rotterdam crimes, and other atrocities. It also reminds us to protect those human beings most at-risk of human rights Thomas David DuBois (China), Visiting Research Fel- Director, Asian Law Institute Rik Torfs (Belgium), Chair, Faculty of Canon Law, Katho- violations. At the same time, it encourages efforts to respond to problems that may be amenable to practi- low, Fudan University Development Institute, Shanghai Ewelina Ochab (United Kingdom), Author of Never Again: lieke Universiteit Leuven cal and feasible solutions. W. Cole Durham, Jr. (United States), Founding Direc- Legal Responses to a Broken Promise in the Middle East Renáta Uitz (Hungary), Chair/Director, Comparative tor, International Center for Law and Religion Studies, Norberto Padilla (Argentina), President, Latin American Constitutional Law Program, Department of Legal Stud- Brigham Young University Consortium for Religious Liberty ies, Central European University Boris Falikov (Russia), Associate Professor, Russian State Patrick Parkinson (Australia), Dean of Law, TC Beirne Marco Ventura (Italy), Professor of Law and Religion, University for the Humanities School of Law, University of Queensland University of Siena; Director, Centre for Religious Stud- Alessandro Ferrari (Italy), Associate Professor, Depart- Fabio Petito (United Kingdom / Italy), Senior Lecturer in ies, Fondazione Bruno Kessler ment of Law, Economy, and Cultures, University of International Relations, University of Sussex; Scientific Juan Martin Vives (Argentina), Director, Center for Insubria Coordinator, Italian Ministry of Foreign Affairs–ISPI Ini- Studies on Law and Religion, Universidad Adventista Silvio Ferrari (Italy), Emeritus Professor of Canon Law, tiative on Religions and International Relations del Plata University of Milan; Founder and Honorary Life President, Peter Petkoff (United Kingdom), Director, Religion, Law Dmytro Vovk (Ukraine), Director, Center for Rule of International Consortium for Law and Religion Studies and International Relations Programme, Regent’s Park Law and Religion Studies, Yaroslav the Wise National Ján Figeľ (Slovakia), Special Envoy for the Promotion College, Oxford; Law Lecturer, Brunel Law School Law University of Freedom of Religion or Belief Outside the European Andrea Pin (Italy), Associate Professor in Comparative Robin Fretwell Wilson (United States), Director, Program Union Law, University of Padua in Family Law and Policy, University of Illinois

8 annual report 2018 international center for law and religion studies 9 International Law and Religion Symposium CELEBRATING 25 YEARS Interna aw & Religion Symposiu m

LOOKING BACK: A BRIEF HISTORY OF THE SYMPOSIUM expanded and drawn from national and international Throughout the 1980s, W. Cole networks of colleagues and friends, with whom the Durham, Jr., organized a variety of comparative law Center has also come to co-organize and co-sponsor conferences with the purpose of sharing ideas, creating about 30 other conferences each year worldwide. By networks, and contributing to publications before 2018, some 1,300 people from 125 countries have deciding to focus on one comparative law and religion participated in the symposium. Sessions are regularly conference a year. The first conference of what would translated into as many as 16 languages, and video and become the annual International Law and Religion audio recordings from most past years are available at Symposium at Brigham Young University was the the Center’s website (iclrs.org). International Church-State Symposium of 1994. This In his closing remarks at the 25th annual conference of international colleagues, done with symposium, Professor Durham said, “Twenty-five “Scotch tape and bobby pins,” as Professor Durham says, years ago I had a dream of having annual conferences eventually led to the establishment of an entity within that could attract practitioners from around the world. the J. Reuben Clark Law School: the International What you have experienced over the past two days is an Center for Law and Religion Studies (ICLRS), formally outgrowth of that early dream. What you have seen is launched on 1 January 2000 with Professor Durham as the result of the dedication, consecration, and work of director and with a mission to “secure the blessings of people far too numerous to mention.” religious liberty for all people everywhere.” The annual symposium has become the Center’s signature event. The conference has continually HUMAN DIGNITY AND FREEDOM OF RELIGION OR BELIEF 25 YEARS | 1,300 PEOPLE | 125 COUNTRIES The Universal Declaration of Human Rights at 70

Provo, Utah | 7–9 OCTOBER 2018

The Center commemorated two anniversaries with this freedom challenges in various regions of the world, the year’s annual International Law and Religion Symposium: role of interfaith cooperation in protecting human dignity the 70th anniversary of the Universal Declaration of and religious freedom, civil society efforts to foster human Human Rights and the 25th anniversary of the symposium. dignity and religious freedom, judicial perspectives, and “Anniversaries provide a wonderful opportunity to reflect other themes. on changes over time and to distill lessons learned from At the conclusion of the symposium, Center associ- shared experience,” said Professor Scharffs. “We hope ate director and conference organizer Elizabeth Clark this conference will provide an opportunity to reflect on expressed her gratitude for “the chance to think together the aspirations and impact of the Universal Declaration. . . . on questions of dignity.” She said, “[Dignity] strikes at the We have learned much over the years from the more than core of what it means to be human, regardless of race or 1,000 participants of the symposium and look forward to religion or gender or status as immigrant or prisoner. It continuing the discussion.” strikes at the heart of what it means to respond to one’s The theme of human dignity continued in plenary tradition to one’s family, the call of one’s conscience, the sessions and breakout sessions, which looked at religious life that one has.”

10 annual report 2018 international center for law and religion studies 11 INTERNATIONAL LAW AND RELIGION SYMPOSIUM: CELEBRATING 25 YEARS

Ann Power-Forde International Religious Liberty Presiding Judge, Constitutional Court Chamber of the Kosovo Specialist Chambers, The Hague Former Judge of the European Court of Human Rights (2008–15) Dinner and Award

Monaco Hotel, Washington, DC | OCTOBER 11, 2018 Ann Power-Forde delivered the opening remarks at the 25th Annual International Law and Religion Symposium. Following are excerpts from her address. The J. Reuben Clark Law Society and the International Respecting the religious freedoms of those Center for Law and Religion Studies presented the perceived as "outsiders" and making reasonable 2018 International Religious Liberty Award to Rabbi accommodations for them, where possible, is a David Saperstein for his many years of defending and requirement of respecting their human dignity. supporting freedom of religion or belief for all. The Difficult as it may be to embrace the implica- award was presented by Professor Durham, and Rabbi tions which respect for human dignity requires Saperstein delivered a keynote address. The Religious in some cases, it is the thread that weaves the Liberty Student Writing Competition winners were also human rights fabric of protection together. Our announced at the dinner. commitment to upholding human dignity for everyone is forged on the basis of the fact that to Rabbi David Saperstein be human is to be a good in and of itself. A rabbi and a lawyer, David Saperstein served as If we lose sight of that principle [human the U.S. Ambassador-at-Large for International dignity], then we may quickly find ourselves in a Religious Freedom from 2014 to 2017. He was also the world where some people are more deserving of first chair of the U.S. Commission on International protection than others, where some people are of Religious Freedom, and in 2009 he was appointed 2018 RELIGIOUS LIBERTY STUDENT WRITING COMPETITION WINNERS more value than others, where external factors to the first White House Council on Faith-Based and such as race, ethnicity, orientation, or political Neighborhood Partnerships. For 40 years he repre- FIRST PLACE Trilce Gabriela Valdivia Aguilar opinions may become the basis for discrimi- sented the Reform Jewish Movement as director of ($4,000) Northwestern Pritzker School of Law and nation—and we don’t have to look very far to the Religious Action Center of Reform Judaism. Rabbi Universidad Católica San Pablo remember where that can lead us. Saperstein has served on the boards or executive com- Dignity is the human glue that binds us. mittees of the NAACP, the Leadership Conference SECOND PLACE John T. Melcon Whereas secularists and believers may be divided on Civil and Human Rights, and the World Faiths ($3,000) University of Virginia School of Law fundamentally on issues of religious freedom, a Development Dialogue. belief in respect for human dignity is something THIRD PLACE Tanner J. Bean that unites them. Though a broad concept and ($2,000) Brigham Young University difficult to define, it invites us to acknowledge J. Reuben Clark Law School the existence of good, the existence of value, the existence of fraternity. HONORABLE Craig Thomas Allen MENTIONS Oxford Brookes University ($1,000) Hailey M. Vrdolyak Notre Dame Law School Fahira Brodlija University of Pittsburgh School of Law and University of Sarajevo Faculty of Law Randi D. Brandon Charleston School of Law

12 annual report 2018 international center for law and religion studies 13

HUMAN DIGNITY AND FREEDOM OF RELIGION OR BELIEF Religious Freedom Annual Review

Provo, Utah | 20–21 JUNE 2018

The goal of the fifth Religious Freedom cannot be compartmentalized and stuffed of Latter-day Saints. Topics included Annual Review was to bring together into a box labeled ‘private.’” communicating about religious freedom people from a variety of backgrounds This year’s program included a track with millennials, understanding religious to listen to one another and engage on media coverage of religious freedom freedom issues facing American Muslims, thoughtfully on the important issues of issues, and Emma Green, an award-win- teaching about religion in schools, and religious freedom and religion in public ning staff writer for the Atlantic, delivered finding common ground on religious life. Professor Elizabeth Clark, chair of a keynote discussing fractures within reli- liberty and LGBTQ rights. The latter topic the Annual Review, said, “You may not gious communities that find themselves was covered in both a plenary session on agree with everyone you hear, but we hope under pressure over issues of religious lib- the first day and in a workshop session the review will be a place where we can erty. The track offered a series of Religious with LGBTQ students on fostering faith discuss these topics in mutually respectful Freedom 101 sessions in which academics and community at BYU. ways that can foster understanding and and journalists looked at where religious The Religious Freedom Annual genuine pluralism.” journalism is today, where they see it going, Review began as a conference for lawyers The Annual Review opened with a key- where reliable sources can be found, and but has expanded to include the general note from Elder L. Whitney Clayton of the how to get media coverage right. public as an opportunity to educate and Presidency of the Seventy of The Church Others speakers included authors work with attendees in an increasingly of Jesus Christ of Latter-day Saints. He Terryl and Fiona Givens; Reverend diverse space. Professor Clark said, “These spoke on the need to offer the same legal Eugene F. Rivers III, cofounder of the discussions illustrate what pluralism looks and social protections to religious identity Boston TenPoint Coalition, and his wife, like in practice. It’s hard and messy, and no Clockwise from top left: Emma Green, Staff Writer at the Atlantic; Jacqueline C. Rivers, Executive Director and Senior as to racial, gender, and sexual identities. Jacqueline C. Rivers of the William J. one may end up perfectly satisfied, but it’s Fellow for Social Science and Policy, the Seymour Institute for Black Church and Policy Studies, and Lecturer, Harvard “One cannot check religious identity at the Seymour Institute for Black Church and a crucial part of the American project.” University; Neill F. Marriott, Former Second Counselor, Young Women General Presidency, The Church of Jesus Christ of Latter- church or synagogue exit or the door of Policy Studies; and Neill F. Marriott, for- day Saints; Eugene F. Rivers III, Reverend, Activist, and Political Analyst and Cofounder, the Boston TenPoint Coalition. one’s home any more than one can check mer member of the Young Women General their race or ethnicity. Religious identity Presidency of The Church of Jesus Christ

14 annual report 2018 international center for law and religion studies 15

Address delivered at the Religious Freedom Annual Review at Brigham Young University on June 20, 2018

’ve heard about this conference for years, but I’ve never been privileged to attend. I’m personally thankful for all those at BYU’s International ICenter for Law and Religion Studies who organized this conference and for their gra- cious invitation to speak to you. This is a real honor for me. I say that sincerely, because as I’ve looked over the conference schedule, I’ve been amazed to see so many prominent IN THE academics, thinkers, writers, and advocates whose academic and professional creden- tials humble my own. This is truly a high- powered gathering. I also acknowledge the generous and important assistance with the MARROW thinking and presenting of these remarks. On behalf of The Church of Jesus Christ of Latter-day Saints, I would like to thank OF THEIR those of the many different faith traditions who have come—sometimes from great dis- tances—to participate in this vitally impor- tant discussion about religious freedom; religious freedom is an issue for people of all faiths. But I also want to express grati- BONES tude for those who are here and yet do not profess any religious belief nor consider themselves believers. At times, the faith of BY ELDER L. WHITNEY CLAYTON the religious may seem to you like some- thing inexplicable and irrational. Thank you Of the Presidency of the Seventy, The Church of Jesus Christ of Latter-day Saints “If you believe that taking for caring enough to come anyway—to share constitutional and human rights your views and learn more about religious seriously requires social respect and freedom and why it is so important to so The Latter-day Saint Experience legal safeguards so people can live out many of us. their core identities openly as equal I speak today about the role of religion and religious freedom from a unique per- of Religion as Identity participants in our communities spective: that of a believing member and and nation, then I hope that same leader of The Church of Jesus Christ of conviction also extends to religious Latter-day Saints. I also speak as one whose people and their core beliefs.” family (on my father’s side) has been in the Church, and has been defined by it, for gen-

16 annual report 2018 international center for law and religion studies 17 erations—since its earliest days in the first The Fateful Choice to Believe become a teacher, lawyer, or journalist. In of salvation and peace. It gives us hope to half of the 19th century. And yet I can confi- Now let me be very clear: I am not sug- this view, one’s religious identity is just an press forward and rejoice in the journey. dently say that my remarks re ect the senti- “For tens of millions of Americans, gesting for a moment that all secular elites ordinary choice and thus not something It is no wonder, then, that in the New ments of millions of others who have joined hold these views. I feel confident that non- fundamental to one’s being. I think this Testament Jesus Christ spoke of being born the Church more recently but whose identi- faith and religious conviction are believers attending this conference don’t view is profoundly mistaken. For many again, of becoming a new man or woman in ties have been just as profoundly shaped by hold these views, because if they did, they believers, religion is simply not something God. For Christians, taking upon oneself a our shared beliefs and by a common sacred the most powerful and defining almost certainly wouldn’t be here. But I am one can put on or remove like a favorite new identity as a disciple of Christ is essential history. In speaking about experiences from suggesting that many secular people in posi- T-shirt. Dispelling this myth is key to for ultimate redemption (see John 3:5). There my own faith tradition, I, of course, recog- sources of personal and family tions of influence—be it in government, aca- greater understanding between religious are similar concepts in other faith traditions. nize that every faith community has its own demia, or the media—do hold such views to and nonreligious people. It is no wonder that something this per- sacred stories too. identity in their lives.” one degree or another. It is certainly true that God does sonally powerful and defining cannot be A few years ago, Elder Jeffrey R. Hol- Perhaps one reason for this is that many not force us to believe in Him. Faith in confined to the private portions of believ- land, a member of the Church’s Quorum of of them have never truly experienced the God is ultimately something we choose ers’ lives. Yet, as Washington Post columnist the Twelve Apostles, spoke about impov- power of faith. Boyd K. Packer, late presi- to accept by exercising our God-given Christine Emba recently observed: do are rewarded for their efforts with jobs Perhaps that would be harmless by itself, erished 19th-century Mormon handcart dent of the Church’s Quorum of the Twelve agency. But that does not mean it is an that make them comparatively wealthy. We but too often secular elites and government pioneers who walked the dusty or freezing Apostles, once asked an atheist, “[Do] you ordinary choice or merely a preference It is now commonly held that citizens can— have endless gadgets and gizmos and thou- officials also see faith and faith communi- 1,300-mile trail to the Salt Lake Valley, often know what salt tastes like[?]” When the athe- in the sense that many secular thinkers and should—practice their religious beliefs sands of hours of entertainment on demand. ties, with their competing demands of loy- burying spouses and children along the ist said yes, President Packer asked him to understand it. In fact, it is just the oppo- in private but remain neutral in public Most of us carry phones that provide instant alty and their adherence to tradition, as way. Why did they do it? How did they do describe it, which of course is impossible.2 So site. Once experienced and accepted, spaces. . . . It’s possible, technically, but access to more information than we could an intractable obstacle that interferes with it? Elder Holland observed: “[T]hey didn’t it is with faith. Many secular people simply faith in God is life altering. The fateful, that approach rests on the assumption that consume in a lifetime. achieving their own ideological views of a do [it] for a program, they didn’t do it for a don’t understand how something they have life-changing choice to believe influences “beliefs” are not things that influence every- Like never before, we are free to just and modern society. social activity, they did it because the faith never experienced, something they ideologi- deeply one’s personal, familial, and cul- day life. For many religious people, that become what and who we want to be. As I fear that too often they even see reli- of the gospel of Jesus Christ was in their cally reject as false and even absurd, can in tural identity. It defines who and what we isn’t the case; for them, belief—religious 1 sources of individual meaning have pro- gion itself—not only particular beliefs to soul, it was in the marrow of their bones.” fact be true and profoundly real in the life of are, how we understand our purpose for faith—is all about acting out your faith liferated, we now better understand that which they object but faith in God itself—as With that in mind, I’ve entitled my another person—indeed, so true and real that being, how we relate to others, and how in real life. Those without religious faith respect for human dignity requires appro- outright dangerous, as an uneducated and remarks “‘In the Marrow of Their Bones’: it defines one’s life, one’s very identity. we deal with pain, suffering, and death. often fail to understand how untenable it priate accommodation for the many ways superstitious way of thinking that ought to The Latter-day Saint Experience of Religion Thus, one legal scholar at a prestigious Through our faith, we comprehend more is to insist on a dichotomy between private human identity finds expression. With that be cast aside as soon as reasonably possible. 4 as Identity.” university recently argued: deeply the meanings of marriage and beliefs and public performance. realization have come, albeit sometimes “Religion is obviously a fraud,” this think- family, gender and sexuality. slowly, greater social acceptance of those ing seems to go, “and while sometimes it A World of Freedom and the Search [T]here is no apparent moral reason why In nearly all religions, personal faith I agree. Just as society has increasingly once marginalized and greater legal safe- is harmless enough, the sooner it is aban- for Identity states should carve out special protections brings us into communities of faith, where recognized that other identities should not guards to protect basic human rights and doned in favor of reason and reality, the Modern life has afforded us enormous free- that encourage individuals to structure individual belief and practice combine be required to be hid from the public’s view, accommodate people’s identities. sooner we can be secure against its danger- dom. In many ways, people are now freer their lives around categorical demands with communal worship, sacred cer- society also must recognize the same for reli- ous consequences.” Some are increasingly than ever to choose the life they want. The that are insulated from the standards of emonies, shared traditions, and holy gious identity. One cannot check religious The Failure of Secular Elites to willing to use social and legal forces to pres- vast majority of Americans are wealthy by evidence and reasoning we everywhere else celebrations. Indeed, for many, faith is Understand Religion as a Primary sure people to change their religious beliefs, any historical standard. With rare excep- expect to constitute constraints on judg- experienced primarily in community. We Source of Identity convinced that people will be better off for tion, we have been almost totally liberated ment and action.3 become part of something larger than having discarded those beliefs as quaint from the extreme poverty that was expe- I think that too often secular elites and gov- ourselves, bound in beautiful and com- “For many ernment officials focus so much on certain anachronisms. rienced throughout nearly all of human In other words, goes the argument, there is plex relationships with those of similar favored identities—such as race, ethnicity, But this view is profoundly naïve. It fails history and that still exists today in many nothing special about religion, so why give conviction. Religious faith often entails believers, sex, sexual orientation, and gender identity— to account for the fact that, for tens of mil- other areas of the world. We have health it special legal protection? That is an argu- duty and personal sacrifice, where obliga- that they miss the importance of religion as lions of Americans, faith and religious con- care that not even kings and queens could ment that only someone without vibrant tion to a higher truth and the good of oth- religion is simply a profound source of identity. Too often they viction are the most powerful and defining have dreamed of a century ago, with many religious belief and without a true under- ers is placed before the demands of self. see religion and religious faith—especially sources of personal and family identity in of our biggest health problems today com- standing of the role faith plays in the life Religious authority—whether in the form traditional Christian faith—as something their lives. To borrow from Elder Holland not something ing from eating too much, rather than from and identity of a believer could ever make. of sacred writ, revered teachers, priestly akin to a quirky, private belief or hobby, like again, their faith is marrow to the very history’s omnipresent linked challenges: There is another reason why many sec- intermediaries, vows and covenantal secretly believing in the yeti or UFOs or bones of who and what they are. Naturally, one can put on hunger and starvation. Most of us have not ular people fail to understand how powerful obligations, or simply a conscience pow- belonging to a weekly bowling league. “You the failure to understand this results in dis- known the pains of war and deprivation. We religion can be in forming one’s identity: that erfully informed by faith—shapes our are welcome to have your own private fantasy counting the importance of the religious or remove like a live in a time of relative peace and tremen- is the view that faith is really just one more hearts, minds, and actions in profound world, but keep it private and don’t make me freedom that allows people of faith to live dous plenty. Nearly everyone in the United personal preference, like deciding whether ways. Our faith lifts us beyond the trials acknowledge it!” out their core identity in dignity and peace. favorite T-shirt.” States can get an education, and most who to become a Yankees fan or even whether to and tribulations of this life to a lofty vision

18 annual report 2018 international center for law and religion studies 19 identity at the church or synagogue exit or at The Latter-day Saint Experience of “The promised land is out there somewhere. prominently includes the emigration west- hymn he wrote is sung today all over the world in congregations of The Church the door of one’s home any more than one Religion as Identity We’re going to make it to the valley.” ward from Nauvoo, Illinois, on the eastern of Jesus Christ of Latter-day Saints. Its stirring text includes these words: can check one’s race or ethnicity. Religious That is certainly the case for faithful mem- They could say that because of covenants banks of the Mississippi River to the pres- identity cannot be compartmentalized and bers of The Church of Jesus Christ of Latter- and doctrine and faith and revelation and ent Salt Lake Valley. Under the direction stuffed into a box labeled “private.” day Saints. The narrow, undemanding, spirit. . . . [Our faith is] the substance of our of Brigham Young, between 60,000 and My point is that misconstruing religious personal-pastime conception of religious soul; it’s the stuff right down in the marrow of 70,000 Church members migrated west 7 faith as a mere choice or preference—as faith does not remotely account for its mean- our bones. about 1,300 miles. Some traveled by horse- something that can be adopted and dis- ing in my life or in the lives of millions of my back or in covered wagons. Others walked or carded at will—radically misconceives the fellow Church members. And it could never Jeremiah spoke of the word of God being were carried by their parents. About 3,000 nature of religion in the lives of millions of account for its meaning in the lives of my like “a burning fire shut up in my bones” of those pioneers traveled with handcarts, faithful people. It makes light of faith, treat- pioneer forebears who sought a gathering (Jeremiah 20:9). Or, as Sister Linda K. which were basically large wooden boxes ing it, in the words of the Supreme Court, place to build what they would call Zion— Burton, former general president of the with two wheels similar to those found on as “something insubstantial and even insin- the name their modern revelations gave Relief Society, the Church’s international covered wagons. Handcarts had space for 5 cere.” It reduces a way of life and a state of to a place where “the pure in heart” would organization for women, put it, our faith very few possessions and a small child or two. 8 being to a pastime. It takes an identity that, dwell in unity and righteousness (Doctrine “is written in our hearts!” The pioneers’ migration west commenced in for millions, is vastly more important and and Covenants 97:21), where there would be That faith sustained early Latter-day about 1847 and continued through 1868 and profound than race, color, national origin, “no poor among them” (Moses 7:18), where Saints as they uprooted themselves and was composed of about 250 separate compa- ethnicity, sexual orientation, education, in time they would be prepared to meet God. their families and moved from upstate New nies or groups of Church members. profession, wealth, and so on and dismisses Their faith was indeed, as Elder Holland York, where the Church was founded, to The first pioneer account I will share it as trivial or something to grow out of, like put it, “in the marrow of their bones,” or, as Kirtland, Ohio, to rural Missouri and then is from my great-great-grandfather, whose a childhood belief in Santa Claus. Brigham Young said in a related context, it to Nauvoo, Illinois—all in the span of a little name was William Clayton. On 27 February Again, not all secularists refuse to see the was “the fire of the covenant” that early Saints more than a decade—with prejudice, mob 1846, William was compelled to leave Nauvoo reality of religious faith. And I admit that not had “burn[ing] in [their] hearts, like flame violence, plunder, and murder driving them in the company of other prominent Church all people of faith experience it so thoroughly. unquenchable.”6 Elder Holland continued: to each new location. That faith brought members by unfriendly, threatening neigh- Every person is unique. But the simple fact is them to the fateful decision to abandon bors. It was winter. He and the others who that many millions do experience religion as That’s the only way [that while on the trek to their Illinois homes, their temple, and the fled the city at that time (some prominent, a fundamental human identity, if not the fun- the Salt Lake] those mothers could bury [their country they loved and make the 1,300-mile some not) took what few possessions they damental identity of their lives. babies] in a breadbox and move on, saying, trek west to a barren wilderness that they could and crossed the Mississippi River. were determined to make their Zion—their William was appointed as the clerk for the place of gathering, worship, freedom, and entire Camp of Zion, as the pioneers were peace. Thousands of others left comfortable called. Because of wet, often freezing homes, extended families, and professions weather and deep mud, it would take the “Just as society has in England and continental Europe and company in which he traveled, which was crossed the Atlantic Ocean and America’s one of the first, about three months—90 increasingly recognized plains to settle in what must have seemed days—to cross the state of Iowa and reach like a desert wasteland. the Missouri River. that other identities Much of my own religious identity and William had left his wife, Diantha, at that of my father’s forebears was forged in home with her parents in Nauvoo. She should not be required to the crucible of those terrible trials. I can- was expecting their first child. On 15 April, not separate who I am from the faith that William received a letter informing him The second pioneer account I will share is about Emma Jane Dixon, who was be hid from the public’s inspired those pioneer ancestors to sacri- that on 30 March, Diantha had given birth born the seventh of nine children in 1855 in Kirtland, Ohio, which in an earlier fice everything for the gospel of Jesus Christ. to “a fine fat boy.” He records in his journal and brief season had been the headquarters of the Church. In her early child- view, society also must That faith continues to inspire and define that after hearing the news, he wrote a new hood, Emma’s family moved to St. Louis, where her father obtained temporary my life and that of my family. song, which he entitled “All Is Well.”9 The employment building covered wagons for groups of pioneers who were begin- recognize the same for Let me share with you two family stories song became an anthem for the pioneers. It ning the trek west to the Salt Lake Valley. Too poor to buy a wagon for their own to illustrate what I mean. Pardon the pun— is reputed to have been sung frequently as large family when they began the trek, Emma’s father and mother moved their religious identity.” both stories have musical notes. the pioneers worked their way west. Now family across the plains by handcart and settled in Payson, Utah, about 20 miles As I said earlier, the history of The known as “Come, Come, Ye Saints,” the southwest of Brigham Young University. Church of Jesus Christ of Latter-day Saints

20 annual report 2018 international center for law and religion studies 21 Emma walked the entire way from If you have concluded that certain should reasonably accommodate an employ- disciples of Jesus Christ and as a covenant Conclusion Cakeshop case makes clear. We cannot St. Louis to Payson barefoot. She was favored classes deserve special legal protec- ee’s religious needs. Likewise, religion religious community. Religion remains one of the greatest sources escape what Elder Lance B. Wickman, the six years old. During the journey, Emma tions and accommodations but that people of should not be a basis for denying the right to One small step out from this core of max- of human identity and meaning for tens of Church’s general counsel, has called “the became ill and lost her hearing entirely and faith do not because they have chosen their participate in one’s chosen profession or run imal religious freedom is the protection of millions of Americans—and countless mil- hard work of citizenship”12—the work of permanently. Emma remembered how to beliefs and can just as easily “un-choose” a business. Governmental efforts to punish religious schools like Brigham Young Univer- lions more worldwide. The Latter-day Saint finding common ground and generous, even talk and retained that capacity throughout them, I would ask you to reconsider. If you or threaten the licenses of professionals or sity, including its religious conduct standards experience is but one powerful illustration loving, accommodations for those whose her life, although family members remem- believe public and private institutions should business owners for expressing their reli- for admission and continuing enrollment. of that reality; there are many similar exam- beliefs, personal needs, and lives are dif- ber that she spoke with a funny accent. She credit the dignitary claims of racial, ethnic, gious convictions, especially on issues of The importance of such schools to the per- ples from other faith traditions. I believe ferent than our own. We may not get it right learned to read lips proficiently. gender, and sexual minorities, then please sexuality, are deeply disturbing. petuation of the faith among the next genera- that no democratic government that claims at first. There will surely be tense moments When she had just turned 19, she mar- consider that many of the same reasons for The Church also acknowledges the tion can hardly be overstated. There, tens of to value personal dignity and human rights along the way. And no one need affirm the ried Samuel Douglass. Emma bore and doing so apply with equal or greater force right of others to live according to their thousands of young Church members gather can ignore the moral imperative to respect ultimate truth of another’s identity, religious raised 11 children, the eldest of whom was to the dignitary claims of religious believ- core convictions and needs. It has openly to obtain a first-rate education and associate the fundamental right to freely, openly, and or otherwise. But I believe that religious and my great-grandmother Mary. Mary married ers. If you believe that taking constitutional supported LGBT rights in areas such as with—and often marry!—other Latter-day peacefully exercise one’s religion—to be secular Americans of good will—citizens of John Jasper McClellan, who became the and human rights seriously requires social employment and housing. That support Saint youth who share the same religious who one truly is, faith and all, in the private a great nation that over time has found a chief Tabernacle organist and accompanist respect and legal safeguards so people was pivotal to the passage of well-known convictions, all in an environment shaped and public spaces where people live out their way to tolerate and even embrace my people, for the famed Tabernacle Choir. Emma can live out their core identities openly as 2015 Utah legislation, the so-called Utah by Church teachings and ideals. The same lives. I believe religious identity deserves to members of The Church of Jesus Christ of died in Payson at age 87, shortly after the equal participants in our communities and compromise, which protected both LGBT occurs with religious schools in other faith be taken at least as seriously—and that it Latter-day Saints—have big enough hearts, end of World War II. She never heard her nation, then I hope that same conviction rights and religious freedom. communities. They too are places of religious should be afforded at least as much protec- broad enough minds, and strong enough husband speak, never heard any of her 11 also extends to religious people and their Also of vital importance to the Church’s gathering for many thousands of believers tion and accommodation—as other forms of wills to forge the hard compromises that will children speak, never heard her grand- core beliefs, even when those beliefs may religious freedom efforts is what might be and thus, in our view, should receive strong identity that now attract far more attention allow all of us, whatever our identities, to children and great-grandchildren speak, be deeply unpopular. called the “right to gather.” Much of the legal protections to ensure that they can pur- and sympathy. It is that essential. live together in dignity, respect, and peace. and never heard her first son-in-law, John Latter-day Saint experience I have just sue their religious mission. Yes, there are challenging situations to It is to that task that we must commit our- Jasper McClellan, play the famous pioneer How Religious Identity and Experience touched upon can be understood as the By contrast, the Church’s religious free- be worked out, as the recent Masterpiece selves for the good of all. Thank you. anthem “Come, Come, Ye Saints”—or any Shape the Latter-day Saint Approach to quest of a people for a place to freely gather dom efforts tend to focus relatively less on other number—on the Tabernacle organ. Religious Freedom in families and communities of faith in the purely commercial interests, where govern- The profound faith of the early pioneer Finally, I want to touch briefly on how the name of their God, without interference ment has heavily regulated for over a cen- notes Saints, tested and strengthened by these unique religious identity and experience of from the government or those who do not tury and where public expectations of equal 1. Jeffrey R. Holland, in “Roundtable Discus- 9. William Clayton, 15 April 1846, William Clay- and innumerable other profoundly di - share our beliefs. We seek the greatest pro- access are greater and more legitimate. The the Latter-day Saints shapes the Church’s sion,” Worldwide Leadership Training ton’s Journal: A Daily Record of the Journey of cult pioneer experiences, helped bind the tection for areas that are most sensitive and larger and less personally intimate the busi- approach to religious freedom. While the Meeting: Building Up a Righteous Posterity, the Original Company of “Mormon” Pioneers Latter-day Saints together, welding tens Church shares with all faith communities a essential to the perpetuation of our religion. ness, the more legitimate government’s 9 February 2008, 28; italics added. from Nauvoo, Illinois, to the Valley of the Great of thousands of people from diverse back- desire to strengthen religious liberty, in some At the center of the Church’s priorities, interests are in regulating it for the protec- 2. See Boyd K. Packer, “The Candle of the Lord,” Salt Lake (Salt Lake City: Clayton Family grounds into a united people with a heroic, respects our approach differs from that of therefore, lie the protection of families and tion of the community. That is not to say Ensign, January 1983. Association, Deseret News, 1921), 19. sacred history and a distinct religious iden- other faiths. the right of parents to pass on their faith to government should be able to force business 3. Brian Leiter, Why Tolerate Religion? (Princeton: 10. “Come, Come, Ye Saints,” Hymns, 2002, tity. Millions of Church members owners to leave their religion at home. There Princeton University Press, 2014), 63. no. 30. around the world who have no are numerous ways faith can be expressed 4. Christine Emba, “The Supreme Court Wasn’t 11.  See Masterpiece v. Colorado. 12. Lance B. Wickman, “Promoting Religious blood ancestors among the pio- in the business context. In-N-Out Burger’s Ready to Decide on the Wedding Cake. Nei- ther Are We,” Washington Post, 5 June 2018. Freedom in a Secular Age: Fundamental neers count them as their spiritual “The fire of the covenant burn[ing] in decision to print John 3:16 on the bottom of 5. Masterpiece Cakeshop v. Colorado Civil Principles, Practical Priorities, and Fair- forebears nevertheless. Their sac- its soda cups is no business of the state. Gov- Rights Commission, 584 U.S. (2018), slip ness for All,” address at the 2016 Religious rifices to be true to the faith and [their] hearts, like flame unquenchable.” ernment must not be allowed to marginal- op. at 14. Freedom Annual Review, Brigham Young to keep the covenants they made ize and delegitimize religion by confining it 6. Brigham Young, letter to the high council, University, 8 July 2016; see “Elder Lance —BRIGHAM YOUNG with God are part of every Church to purely private spheres, as if it were some Journal History of The Church of Jesus Christ of B. Wickman Speech at 2016 BYU Religious member’s personal, sacred narra- kind of infection to be quarantined. As a large Latter-day Saints, 28 September 1846, 5. Freedom Conference,” Newsroom of The tive. It is part of our identity as members of A history of fierce persecution against their children. Also at the center is the pro- majority of the Supreme Court just held, offi- 7. Holland, in “Roundtable Discussion,” 28. Church of Jesus Christ of Latter-day Saints, mormonnewsroom.org/article/promoting The Church of Jesus Christ of Latter-day members of The Church of Jesus Christ tection of core Church institutions that pre- cial bigotry against religious business owners, 8. Linda K. Burton, “Is Faith in the Atonement of Jesus Christ Written in Our Hearts?” Ensign, -religious-freedom-secular-age-fundamental Saints and as disciples of Jesus Christ. The of Latter-day Saints has made the Church serve, teach, and administer the Church’s including those with traditional beliefs about November 2012; italics in original. -principles-practical-priorities-fairness-for-all. same faith that sustained 19th-century pio- sensitive to laws and practices that deny doctrines, sacraments, and covenants. marriage and sexuality, has no place in our 11 neers through terrible trials as they sought believers the right to participate as equals These religious institutions must have a nation. Even so, I recognize that the com- to build their Zion continues to sustain and in society without abandoning their faith. very broad freedom to govern themselves mercial realm is far less vital as a place of reli- define the identities and lives of faithful No one should be denied free speech rights in their ecclesiastical affairs, free from gov- gious gathering and thus legitimately subject Church members to this day. That same or the ability to have a job or a place to live ernment regulation. Why? Because these to greater regulation for the public good than faith is still “in the marrow of [our] bones.” based on their religious convictions, prac- zones of family and religious autonomy are the family, ecclesiastical, and educational It is still who we are. tices, or speech, and corporate employers vital to preserving our identity as individual spaces I have just mentioned.

22 annual report 2018 international center for law and religion studies 23 Young Scholars Fellowship on Religion and the Rule of Law

Christ Church, Oxford, United Kingdom | 22 JULY–10 AUGUST 2018

In 1948 the UN General Assembly declared religious freedom a basic human right. At present, however, more than 70 percent of the world’s population does not enjoy religious freedom, and legal restrictions and social hostilities regarding religious practices and beliefs are on the rise. Seeing the crucial need to have leaders who are prepared to work on changing laws and social norms—and recognizing that the process of training them is often long and arduous—the International Center for Law and Religion Studies conducts Religion and Rule of Law certificate trainings, pri- marily in Asia. Additionally, in the summer of 2018, the Center launched an advanced certificate training program called the Young Scholars Fellowship on Religion and the Rule of Law, hosted at Christ Church in monitor changes in religious communities It provides instruction and interactions Oxford, England. and advocate for religious liberties. with world-renowned religion and law For the inaugural 2018 fellowship pro- The new program offers in-depth train- writers, academics, and scholars and con- gram, 15 participants from countries such ing on the interrelationship of religion and sists of three parts: (1) 12 weeks of online as Afghanistan, Argentina, Bangladesh, law to international faculty, graduate stu- writing tutorials, (2) three weeks of inten- Brazil, Canada, China, Greece, Israel, dents, and government officials in coun- sive on-site coursework at the University Poland, Turkey, and Ukraine were chosen tries facing religious freedom challenges. of Oxford, and (3) a two-day academic from among 70 applicants. Upon success- This goal for training the next generation conference held during the program at ful completion of the fellowship program, of religious freedom academics will help Oxford. participants were awarded a certificate countries improve their laws, educate Much like other distinguished pro- of completion and recommended for their communities, and gain the levels of grams such as the Fulbright Program or the membership in regional and interna- religious freedom they desire. Graduates American Council for Learned Societies, tional learned societies in the field of law will be called on to do the work of drafting, the fellowship program is poised to and religion. They completed an article advising on, and administering govern- become an important professional creden- to submit for publication, established a ment policies and programs pertinent to tial for academic scholars in the field of law professional global network of peers, and religious freedom around the world. and religion. returned to their respective countries to The program is not sponsored by any government entity or religious affiliation.

24 annual report 2018 international center for law and religion studies 25

Africa South Asia REGIONAL CONFERENCE REGIONAL CONFERENCE

THE SIXTH ACLARS CONFERENCE SACRALS CONFERENCE Law, Religion, and Human Flourishing Religio-Legal Parameters for Social Harmony

Abuja, Nigeria | 20–22 MAY 2018 New Delhi, India | 1–3 FEBRUARY 2018

Participants of the 2018 African Consortium for Law and with forces of conflict and scarce resources. Moreover, various Under the direction of its founding president, Professor Tahir member of the National Commission for Women and the Religion Studies (ACLARS) Conference gathered to explore the legal, religious, and ethical traditions suggest different norms Mahmood, the South Asia Consortium for Religion and Law Planning Commission of India. Opening and closing addresses relationship between law and religion and the advancement for measuring quality of life and designing the institutional Studies (SACRALS) convened the South Asia regional confer- were given by Cole Durham, patron d’honneur of SACRALS. of human flourishing. The conference was co-sponsored by structures that could best facilitate and preserve it. The sixth ence in New Delhi, India. The inaugural session was chaired Professor Faizan Mustafa, vice chancellor at NALSAR Law ACLARS, ICLARS (the International Consortium for Law and ACLARS Conference explored how law might help understand by Professor Mahmood, and participants were welcomed by University in Hyderabad, India, gave the valedictory address, Religion Studies, Milan, Italy), WARCLARS (the West African these various components. The conference also saw the launch SACRALS Board of Trustees chair Dr. Saif Mahmood. They and Dr. Moinudding Ahmad, news editor for Indiatimes.com Regional Center for Law and Religion Studies, University of of the book Religion, Law and Security in Africa, which includes then heard an inaugural address by Professor Upendra Baxi, and SACRALS honorary secretary, delivered the vote of thanks Lagos Faculty of Law, Nigeria), and the ICLRS. contributions from the fifth ACLARS Conference in May 2017 in former vice chancellor at Delhi University and visiting profes- to participants. IAC member Firoz King Husein and Donlu The concept of human flourishing is especially important in Rabat, Morocco. sor at Warrick University, United Kingdom, and stirring words Thayer also participated in the conference. Africa, where community and national development compete from guest speaker Dr. Syeda Saiyidain Hameed, former

26 annual report 2018 international center for law and religion studies 27

Europe REGIONAL CONFERENCES

In recognition of the 70th anniversary, in HUMAN DIGNITY FOR EVERYONE EVERYWHERE December 2018, of the adoption of the Universal Declaration of Human Rights From Tensions and (UDHR), the ICLRS organized a series of conferences on the theme “Human Conflict to Reconciliation Dignity for Everyone Everywhere,” which Central European University, Budapest, Hungary derives its language from the preamble of HUMAN DIGNITY FOR EVERYONE EVERYWHERE 1–2 JUNE 2018 the UDHR itself. The long-term aim of the Center’s efforts to explore human dignity, The Central European University conference brought together a small Founding Figures, Foundations, extending beyond the conferences, was to group of experts from a variety of backgrounds to launch the human dignity project. Their presentations and discussions elucidated link- and the Uses of Human Dignity identify and provide in-depth explanations ages between the idea of dignity and particular human rights claims for a set of dignity-based principles that and explored in particular whether a more nuanced understanding Christ Church, Oxford, United Kingdom | 3–4 AUGUST 2018 can help anchor the protection of dignity of dignity can provide a basis for principled reconciliation or at least mutual protection of otherwise conflicting rights claims. for everyone everywhere. Such principles The Oxford conference was co-sponsored with the could be found at the level of foundations, Oxford Journal of Law and Religion; the Programme for the Foundations of Law and Constitutional Government, objectives, and criteria for evaluating University of Oxford Faculty of Law; and the Religion, Law human rights. But those principles could and International Relations Programme at the Centre for also address building common under- Christianity and Culture, Regent’s Park College, Oxford. Members of the charter class of the Young Scholars standing, finding better ways to implement Fellowship on Religion and the Rule of Law participated in human rights, and reconciling human and assisted at the conference. rights claims in plural societies. The first day’s morning sessions focused on the found- The two regional conferences in ing figures of the UDHR and their views on human dignity. The afternoon included presentations on religious and Europe specifically addressed human dig- other philosophical views of human dignity. The second day nity for everyone everywhere in anticipa- included panel discussions of various uses of human dignity tion of the UDHR’s 70th anniversary. in practical contexts as well as group discussions and reports on draft materials from the planned declaration Human Dignity for Everyone Everywhere.

28 annual report 2018 international center for law and religion studies 29

Eastern Europe Middle East REGIONAL CONFERENCE REGIONAL CONFERENCE

STATE RESPONSES TO SECURITY THREATS AND RELIGIOUS DIVERSITY The Amman Message in a Changing World What Future for Europe in the Beginning of the Third Millennium? University of Jordan, Amman, Jordan | 22–23 APRIL 2018 The Center’s first Middle East regional conference looked Professor Dr. Azmi Mahafzah, opened the conference. The Prague, Czechia | 26–28 NOVEMBER 2018 retrospectively at the Amman Message, a vision of peace- former prime minister of Jordan, His Excellency Professor ful Islam promulgated by King Abdullah II of Jordan a Dr. Senator Adnan Badran, chair of the board of the decade ago. The conference was sponsored by the ICLRS, University of Jordan, delivered the keynote address. Religious The Department for the Study of Religions at the University the University of Jordan School of Law, and BYU Religious leaders, educational leaders, and the highest-ranking leaders of Pardubice and the ICLRS cosponsored a conference in Education. International and Jordanian speakers reflected in the Jordanian government and the Jordanian judiciary Eastern Europe. The main objective of the conference was on the lessons and continued significance of the Amman attended the opening session, and the conference was cov- to analyze state responses to security threats and the impact Message, including constitutional and judicial perspectives, ered by television and print media. these have on religious diversity in Central and Eastern the implementation of the Amman Message, human rights A key partner in Jordan was Professor Fayyad Alqudah, Europe. Much of the discussion focused on how to protect and minority protection, and responses to violent extremism. dean of the University of Jordan Law School. Special thanks both state security and religious freedom and looked at His Royal Highness Prince Hassan bin Talal, the uncle goes to IAC member Helen Leon for her support of the how Islamic groups and new religious movements have of King Abdullah II, was the royal patron of the confer- conference. suffered from overbroad efforts to protect national secu- ence. The former president of the University of Jordan, rity. The conference was presented in Czech, Russian, and English. Selected conference papers will be published in the University of Pardubice’s Pantheon: Journal for the Study of Religions.

30 annual report 2018 international center for law and religion studies 31

Latin America Latin America REGIONAL CONFERENCES REGIONAL CONFERENCES

LIVING TOGETHER IN DIVERSITY Strategies from Law and Religion

Pontifical Catholic University, Rio de Janeiro, Brazil | 15 SEPTEMBER 2018

BUILDING CONSENSUS FOR FAIR AND SUSTAINABLE DEVELOPMENT The Fifth Biannual Conference of the International Consortium for Law and Religion Studies (ICLARS) Religious Contributions for a Dignified Future The 2018 ICLARS conference was built upon awareness of demographic projections indicating that cultural and Buenos Aires, Argentina | 26–28 SEPTEMBER 2018 religious diversity will increase dramatically in the coming decades in many parts of the world. Consequently, par- ticipants sought to answer the following questions: What G20 Interfaith Forum contributions can law and religion studies make to face the challenges posed by the growing religious and cultural diver- The overarching focus for this year’s G20 Interfaith Forum sity? What are the political and legal strategies from law and was on building consensus. The 2018 program consisted of religion that can enable citizens to live together in respect of presentations and panels that drew on leading expertise and their religious and cultural differences? highlighted the enormous role that religion plays in society A highlight of the conference was a special session to promote achievement of the United Nation’s post-2015 noting the 70th birthdays of and honoring the life work of Sustainable Development Goals. The forum addressed such former ICLARS presidents Cole Durham and Silvio Ferrari. issues as the economy, the environment, women, children, A luncheon was held to launch the newest book in the work, humanitarian aid, education, global security, and Routledge ICLARS Series on Law and Religion: Religious human rights and the rule of law. Perspectives of indigenous Freedom and the Law: Emerging Contexts for Freedom for and peoples were also brought into the discussions. from Religion. The event brought together key players from prior G20 The event was sponsored by the ICLRS with the ICLARS Interfaith Forums and an expanding array of experts and Steering Committee and secretariat; ICLARS president groups interested in helping to build the network of reli- Ana María Celis from the Center for Law and Religion at gious voices concerned with G20 outcomes and in provid- Pontifical Catholic University of Chile in Santiago; and the ing concrete policy recommendations from the religious hosting institution, Pontifical Catholic University Rio de sector to G20 Economic Summit participants. The 2018 G20 Janeiro. Special Spanish-language sessions were organized Interfaith Forum was organized by the G20 Interfaith Forum by Complutense University of Madrid, with assistance from Association in collaboration with many other organizations. the University of Milan. For more details, visit g20interfaith.org. 32 annual report 2018 international center for law and religion studies 33

Pacific PUBLICATIONS MEDIA Elizabeth Clark, “The Ascendancy of Brett G. Scharffs. “Audacious Faith: Gary B. Doxey “Will Kavanaugh’s REGIONAL CONFERENCE Equality in Multi-Tier Religious Systems,” Appreciating the Unique Power and Catholicism Affect His Confirmation to the Philosophy of Law and General Theory of Singular Appeal of LDS Doctrine,” Supreme Court?” interview by Julie Rose, Law (Ukraine) (2018). Brigham Young University Speeches, Top of Mind, BYU Radio, 18 July 2018. 2016–17. Elizabeth Clark, “Headscarf Bans, Equal Brett G. Scharffs. “Masterpiece Cakeshop FREEDOM OF RELIGION OR BELIEF Treatment, and Minority Integration into Brett G. Scharffs, “Latter-day Saint Wins at Supreme Court,” interview by Julie the Workplace,” Notre Dame Law Review Online Missionaries Can Teach Us Rose, Top of Mind, BYU Radio, 4 June Online 93(101) (2018). How to Respond to David Cross and 2018. Creating the Constitutional Space Incivility,” Deseret News, 21 August 2018, Elizabeth Clark, “Neutrality, Public deseretnews.com/article/900028879/ Space, and Discrimination by guest-opinion-latter-day-saint-online- for Other Fundamental Freedoms Religious Organizations in the United missionaries-can-teach-us-how-to- States,” Quaderni di Diritto e Politica 14–16 FEBRUARY 2018 respond-to-david-cross-and-incivility. Sydney and Adelaide, Australia | Ecclesiastica (2018). html. Elizabeth Clark, “Religious Freedom The Pacific conference was held at a critical point in The Center partnered with the University of Adelaide Brett G. Scharffs. “The (Not So) and the Functioning of Religious Australia’s constitutional history: the Australian prime Law and Religion Project, part of the Research Unit for the Exceptional Establishment Clause of Organizations in the U.S.,” in Religion minister had appointed an expert panel to report in April Study of Society, Ethics & the Law, and with the School the United States Constitution,” Journal in the Context of Globalization: Legal 2018 on whether and how Australia should change its laws of Law at the University of Notre Dame Australia, Sydney, of Law and Religion 33(2), April 2018, Aspects of the Functioning of Religious to better allow for freedom of religion or belief. The panel for the conference. Key organizers were Center Senior 137–154. Organizations, Henryk Hoffman et al., eds. asked conference organizers to hold a roundtable session on Fellow Neville Rochow SC and Professor Paul Babie of the (Baden-Baden: Nomos, 2018). Professor Brett G. Scharffs. “Point-Counterpoint: the subject with leading academics and other experts who University of Adelaide. The first two days of the conference Clark also served as an editorial board Piece of Cake?” Judicature 102(1), Spring were present at the conference. Brett Scharffs and Neville were held at the Sydney campus of the University of Notre member for the publication. 2018, Duke University School of Law. Rochow were among those asked to make oral submissions Dame Australia, and the last day was held in the moot court- to the panel. At a dedicated session on 16 February, all in room of the Adelaide Law School. Elizabeth Clark, “Symposium: And the Brett G. Scharffs, Asher Maoz, Ashley attendance agreed to produce a substantial academic book Winner Is . . . Pluralism?” SCOTUSblog, Isaacson Woolley, eds., Religious and possibly other more generally accessible publications 6 June 2018, scotusblog.com/2018/06/ Freedom and the Law: Emerging Contexts from the papers and proceedings of the conference. symposium-and-the-winner-is-pluralism. for Freedom for and from Religions (Routledge, 2018). W. Cole Durham, Jr., and Brett G. Scharffs, with contributions by Donlu D. Thayer, Brett G. Scharffs, “Towards an Law and Religion: National, International, Understanding of Accelerants and and Comparative Perspectives (“the Decelerants: A Non-Juriscentric Casebook”), 2nd ed. (Wolters Kluwer Approach to Offensive or Hateful Speech Legal & Regulatory, January 2019). Concerning Religion,” Blasphemy and Freedom of Expression: Comparative, W. Cole Durham, Jr., and Donlu D. Thayer, Theoretical and Historical Reflections eds., Religion, Pluralism, and Reconciling After the Charlie Hebdo Massacre, Jeroen Difference (Routledge, 2018). Temperman and Andras Koltay, eds. Brett G. Scharffs, “After Theory: An (Cambridge University Press, 2018). Aristotelian Conception of Legal Judgment,” Clark Memorandum, Spring 2018, 23–27.

34 annual report 2018 international center for law and religion studies 35 ADDITIONAL 2018 ICLRS CONFERENCES, EVENTS, AND CERTIFICATE PROGRAMS

JANUARY APRIL APRIL–MAY JUNE AUGUST OCTOBER

30 Third Summit on Religious Freedom 2 “Women Making a World of Guest Teaching at Central European 4–6 Organization of American States 23–24 UN Department of Public 7–9 25th Annual International Law and Orlando, Florida, USA Difference” at the International Society University General Assembly Information / Nongovernmental Religion Symposium Conference Budapest, Hungary Washington, DC, USA Organizations Conference Provo, Utah, USA Provo, Utah, USA New York, New York, USA FEBRUARY 24–26 Advanced Course on Religion 11–12 25th Anniversary Annual 6 ODIHR Programme on Freedom of MAY and Human Rights 27–31 Symposium on Strengthening Symposium Extension 1 World Interfaith Harmony Week Religion or Belief Meeting Yogyakarta, Indonesia Society Through Strong Families Newseum, Washington, DC, USA Lecture by Shaun Casey, Former U.S. BYU London Centre, London, UK 1 Elder D. Todd Christofferson Asunción, Paraguay Special Representative for Religion and Addresses All-Party Parliamentary Group 28–29 Launch of Center for Law and 25 Interfaith Conference on Religious Global Affairs, Former U.S. 7 Stakeholder Work Meeting with London, UK Religion, University of Social Sciences and Freedom Provo, Utah, USA the All-Party Parliamentary Group for Humanities, Vietnam National University Dallas, Texas, USA International Freedom of Religion or 3–4 Grassroots Mobilize Conference: Hanoi, Vietnam Belief “Religion at the European Court of Human SEPTEMBER 25 Lecture at McGill University London, UK Rights” 29 AMAR Foundation Reception and Montreal, Canada MARCH 9 Interfaith Devotional Athens, Greece Dinner, Hosted by Baroness Nicholson of Rio de Janeiro, Brazil 1–5 UN Special Rapporteur on Freedom 10 Lecture at Ukrainian Academy of Winterbourne of Religion or Belief Report Sciences: “Developments in Law and 4 The Kokkinakis Papers Book Launch at House of Lords, London, UK NOVEMBER 10–12 18th Annual Colloquium: Latin Geneva, Switzerland Religion in the United States” the Between State and Citizen Conference American Consortium for Religious 11 Amar Conference for the Yazidi Kiev, Ukraine Athens, Greece Liberty People 5–8 European Academy of Religion JULY Rio de Janeiro, Brazil Baghdad, Iraq Annual Conference 12 “Theory of Change” Conference 4 “Religious Freedom: A Cherished Bologna, Italy Sponsored by the Commonwealth Heritage to Defend” at BYU Women’s 1–15 Visiting Professor for Law and 15 “Emerging Challenges for Religious 29 International Religious Liberty Initiative for Freedom of Religion and Conference Religion Course Freedom Globally” SBA Event Association’s 19th Meeting of Experts 6 Conference at the Institute of Human Belief Provo, UT, USA Beijing, China Recife, Brazil Cordoba, Spain Rights of the Universidad de San Carlos Oxford, UK San Carlos, Guatemala 21–23 Atlantic Council of Montenegro’s 12 All Party Parliamentary Group on 16 Religious Freedom Devotional with 12–13 “Religious Freedom During the Eighth “To Be Secure” Forum International Freedom of Religion or The Church of Jesus Christ of Latter-day “Religious Freedom, the Secular State, Russian-Ukrainian Conflict” Budva, Montenegro Belief Consultation Meeting 7 Saints DECEMBER and Conscientious Objection” Conference Conference at the Ukrainian Academy of London, UK Recife, Brazil Guatemala City, Guatemala Sciences 23–25 Oxford McDonald Conference 12–14 National University of Singapore/ Kharkiv, Ukraine Oxford, UK 16–22 10th Annual Certificate Training BYU Conference 17–18 Mackenzie University Conference 2018 Global Business and Peace Program on Religion and Rule of Law Singapore 7–8 São Paulo, Brazil Symposium 24–28 “Foro de interés ciudadano” 28–30 Conference on Religious Beijing, China Seoul and Pyeongchang, South Korea Sponsored by the ICLRS, Latin American Violence and Extremism 17–22 Certificate Training Program on Consortium, and Catholic University of Ramat-Gan, Israel 17 United Kingdom Parliamentary Religion and the Rule of Law Annual Meeting of the Law School Bolivia Seminary on Status of Religious Freedom 16 Can Tho, Vietnam Board of Visitors in China Provo, Utah, USA London, UK 19 “Religion and the Global Refugee Crisis” Conference “The Power and Vision of Women 24–26 State Department Ministerial 30 Curitiba, Brazil of Faith” at the Women’s Leadership Washington, DC, USA Conference 26–28 G20 Interfaith Forum Provo, Utah, USA Buenos Aires, Argentina

36 annual report 2018 international center for law and religion studies 37 STUDENTS ICLRS Student Research Fellows ICLRS Student Management Board

Each year the Center invites several outstanding BYU Law 2018 STUDENT RESEARCH FELLOWS BYU Law students are chosen to be members of the Student 2017–2018 STUDENT MANAGEMENT students to become Student Research Fellows. These fellows Management Board based on their interest in law and religion BOARD MEMBERS spend the summer between their first and second years in Austin Atkinson Diana Flores and their skills in writing, research, editing, and languages. externships at Area Legal Counsel Offices of The Church of Moscow, Russia Hong Kong, China Throughout the school year, board members participate in Third-Year Law Students Second-Year Law Students Jesus Christ of Latter-day Saints in many parts of the world Andrew Birkinsha Abdullah Hassan writing and editing projects, research, conferences, and other Shaun Belliston and at the Church’s Office of General Counsel in Salt Lake City, Johannesburg, South Africa Frankfurt, Germany assignments with the Center. Reed Adlish Jarom Blackhurst Utah. In addition, they participate in Center research, writing, Bekah Chamberlin Madison Moss Alexander Alton Adam Bouka and publishing projects. Auckland, New Zealand Accra, Ghana Jessica Farnsworth Melissa Hartman Miranda Cherkas Chase Olsen Rebecca Horne “My time on the Student Management Board has been one Kyle Harvey Hong Kong, China Salt Lake City, Utah, USA Ryan Hughes of the highlights of my time at BYU Law. I loved being a Justin Miller MaKade Claypool Gabriell Sabalones Minji Kim “This externship has exceeded all my expectations for part of the Center and seeing the impact of their work. Malea Moody Moscow, Russia Santo Domingo, Dominican Thomas Palmer learning, challenge, and skills development. I have received While on the board, I have had the opportunity to travel Joe Moxon Erin Cranor Republic Joshua Prince great mentoring both with respect to the practice of law and to Argentina and Italy. Everywhere I go, the Center is well Sara Plater Salt Lake City, Utah, USA Rachel Mabey Whipple Benjamin Thornell with respect to my personal continued preparation for a known, respected, and admired. I count being associated Shelise Rupp Michael Duval Brussels, Belgium career in the law. After this, I am totally convinced I chose with the Center as a great privilege, and I hope to continue Taylor Shaw Frankfurt, Germany the right career. I love the law!” my relationship with the Center in the future.” —Erin Cranor (Salt Lake City, Utah, USA) —Justin Miller

38 annual report 2018 international center for law and religion studies 39 Law and Religion Symposium Student Moot Court Competition

Executive Committee Bologna, Italy | 6–7 MARCH 2018

Every year, a talented group of BYU Law students devote countless volunteer hours to the success Eight BYU Law students competed in an international moot court competition in Bologna, Italy, on of the International Law and Religion Symposium. Under the direction of Professor Elizabeth Clark, 6–7 March 2018. The competition was organized by the European Academy of Religion in collabora- committee members begin preparing weeks in advance. From the arrival of the first delegate a few tion with the International Consortium for Law and Religion Studies. Teams from the United States days before the symposium until the last delegate departs, these students are available, cheerful, and and Europe argued a case before either the European Court of Human Rights or the Supreme Court hardworking. Past symposium delegates have commented on the dedication and commitment of the of the United States composed of preeminent scholars and actual judges from both jurisdictions. Student Executive Committee, and we at the Center are grateful for their exemplary work. The BYU Law students were divided into two teams and argued before both courts.

STUDENT EXECUTIVE COMMITTEE FOR THE 25TH ANNUAL INTERNATIONAL LAW AND RELIGION SYMPOSIUM

Master Schedule Shelise Rupp, chair Erin Cranor McKenna Rammell Representing BYU Law Joe Moxon, Joshua Prince, Shelise Rupp, The team coordinates Jessica Farnsworth, Justin Miller, and oversees the master Jacob Crump, Sara Plater, Malea Moody schedule of all sympo- sium events, including delegates’ schedules. This involves knowing the comings and goings Meritorious Service Awards of all subcommittees and adjusting on the fly. for BYU Law Students

Publicity The ICLRS presented 12 third-year law students with Meritorious Service Awards at the annual Barrister’s Joe Moxon Ball and Awards Banquet. Students were selected based on their dedicated service to the Center and the cause of religious freedom. Recognized students have served as Student Research Fellows, on the Center’s Student Management Board, or on the Symposium Student Executive Committee.

Recruitment Interpretation and Transportation Concierge Rhonda Peck, co-chair Documents Stephanie Lenhart, co-chair Justin Miller, co-chair 2018 MERITORIOUS SERVICE AWARDEES Sara Plater, co-chair Athelia Graham, co-chair Scott Mosley, co-chair Malea Moody, co-chair Bekah Chamberlin Emily Parkinson, co-chair George Simons, co-chair Amy Lynn Andrus Taylor Shaw Scott Balmsmeier Hayley Brooks Cousin Austin Atkinson Andrew Birkinsha Madison Moss Gabriell Sabalones The team recruits, orga- Kevin Moscon nizes, and supervises all The team’s responsi- The team oversees the student volunteers from The team gathers bilities include ensuring concierge desks during the Law School and the delegate presentations, the safe travel of each the symposium and coor- BYU student body and coordinates with transla- delegate to and from the dinates other hosting coordinates campus- tors, compiles moderator airport and each venue. and logistical details for wide events for sympo- packets, prepares docu- They coordinate the vol- delegates and attendees. sium delegates. ments for publication, unteer drivers but often and takes care of various spend hours themselves other important details. chauffeuring delegates. Joshua Prince, Reed Adlish, Thomas Palmer, Nathan Kinghorn, Alexander Alton, Elizabeth McLaughlin, David Headley, Jacob Crump, Sarah Clifford, Ryan Hughes; not pictured: Kaleb Brimhall and Jessica Farnsworth

40 annual report 2018 international center for law and religion studies 41 ICLRS INTERNATIONAL ADVISORY COUNCIL

The Center wishes to express its thanks to the members of the International Advisory Council for their IAC Members continued support. Their gifts of time, talent, resources, and dedication enable the Center to move ahead Allen & Denise Alexander William & Patricia Child Larry Miner Gibson Duane & Erlyn Madsen Duane & Marci Shaw with its mission to secure the blessings of freedom of religion or belief for all people. Wilford & Kathleen Andersen David & Mary Christensen David & Doris Gillette Stan & Susan Martineau Milt & Heidi Shipp Lynn Anderson Jordan & Julie Clements Scott & Cheri Gubler Carlos & Vania Martins Greg & Sharon Slater Scott & Jesselie Anderson David & Julie Colton Wayne & Connie Hancock Derek & Shelaine Maxfield David & Laurea Stirling INTERNATIONAL ADVISORY COUNCIL EXECUTIVE COMMITTEE Brent & Cheri Andrus J. Phil & Barbara Colton Curtis & Irene Hill David & Lora McAllister Wayne & Patrice Tew Bill & Ann Atkin Sterling & Eleanor Colton Richard & Nan Hunter Reid & Melanie Moon Noel & Corrine Vallejo Brent & Bonnie Beesley Greg & Julie Cook King & Diane Husein Rulon & Jaquelin Munns Bryce & Peggy Wade Christi Belliston Jim & Sandy Cook Blair & Katrina Jackson David & Linda Nearon Steven & Marcia Wade Bill & Barbara Benac Lew & Barbara Cramer Eric & Kaye Jackson David Jr. & Tiffany Nearon Blake & Leslie Walker Brian & Rachel Bertha Mark & Janette Cressler Heber Jacobsen & Jeff & Janet Nelson Lance & Patricia Wickman John & Diane Blatter Gary & Ann Crocker Christine Lake Robert & Joy Orton Mark & Laura Willes Jim & Sharman Blood Jennifer Darger Ray Johnson David & Kathryn Paxman Kim Wilson & Gail Miller Brad & Ann Botteron Ralph & Mary Dewsnup Jim & Allyson Larkins Catherine Pedersen Larry & Linda Wilson Bob & Lonnie Bradley Greg & Monica Drennan Justin & Tahna Lee Wayne & Robyn Petty Mark & Carol Wolfert Merrill & Nancy Bryan Cole & Louise Durham Helen Leon David & Mary Ann Pollei Ken & Athelia Woolley Doug & Ann Bush Paul & Maren Durham David & Nancy LeSueur Margaret McConkie Pope Tim & Teresa Wright Stacey Campbell Richard & Christena Durham David & Bianca Lisonbee Bruce & Sara Robinson Craig & Deborah Cardon Bryson & Jan Garbett Kent & Karen Lundquist Jeff & Michelle Robinson Sheldon & Joan Child Blair & Sue Garff Larry & Susan Lunt Gene & Martha Schaerr

IAC ENRICHMENT EXTENSION TOUR: DANUBE RIVER

In April 2018, S. David Colton assumed the position of chair. Long-time chair David Christensen (left) continues to serve on the IAC Executive Committee.

A group of IAC members, guests, and Center personnel partici- Hungary. Center leaders shared stories about religious freedom pated in an enrichment extension tour along the Danube River challenges and changes in Central Europe, and other present- from 5 to 18 May 2018. Extension tours are usually coordinated ers shared their experiences—Radovan and Marie Čanĕk in around a regional conference and give IAC members an oppor- Prague; Johann Wondra, emeritus Area Authority Seventy of tunity to witness the work of the Center and learn more about The Church of Jesus Christ of Latter-day Saints, in Vienna; and religious freedom efforts in other parts of the world. The tour Andras Sájo, former judge and vice president of the European included stops in the cities of Prague and Český Krumlov, Czech Court of Human Rights, and Renata Uitz, director of the IAC EXECUTIVE COMMITTEE Milt and Heidi Shipp, David and Mary Christensen, David Colton, Chair, and Julie Colton, Bill Benac, Republic; Passau, Germany; Linz, Krems, Göttweig, and Vienna, Comparative Constitutional Law program at Central European Linda and David Nearon; not pictured: Lynn Anderson, Mark Cressler, Blair Garff, Duane Madsen, Erlyn Gould Madsen, Bryce Wade, Austria; Bratislava, Slovakia; and Budapest and Szentendre, University, in Budapest. Athelia Woolley, Ken Woolley

42 annual report 2018 international center for law and religion studies 43 IAC SPRING MEETING ACADEMIC ADVISORY BOARD

Professor Sophie van Bijsterveld Reverend Doctor Kim-Kwong Professor Carolyn Evans Professor Silvio Ferrari Universiteit Radboud, Netherlands; Chan Dean of the Law School, University Dipartimento di Scienze Giuridiche Member, Dutch Upper House of Executive Secretary, Hong Kong of Melbourne, Melbourne, Victoria, “Cesare Beccaria,” Università degli Studi Parliament Christian Council, Hong Kong, China Australia di Milano, Milan, Italy

The 2018 International Advisory Council Spring Meeting took place on Thursday, March 29, and Friday, Doctor Ján Figeľ Professor Mohammad Hashim Professor Tore Lindholm Professor Tahir Mahmood International Expert on Freedom of Kamali Professor Emeritus of Philosophy, Founder Chairman, Amity University March 30, at the Grand America Hotel in Salt Lake City. The theme was “Religious Freedom for All: Religion or Belief, Bratislava, Slovakia International Institute of Advanced Norwegian Centre for Human Rights, Institute of Advanced Legal Studies, Special Focus on Eastern Europe.” This annual meeting is an opportunity for IAC members to review the Islamic Studies, Kuala Lumpur, Malaysia University of Oslo Faculty of Law, Oslo, New Delhi, India Norway progress made in the past year and to receive briefings about upcoming activities.

Professor Javier Martínez-Torrón Professor Juan G. Navarro Floria Doctor Liu Peng Professor Gerhard Robbers Universidad Complutense, Madrid, Spain Pontificia Universidad Católica, Pu Shi Institute for Social Science, Professor Emeritus, Unversität Trier, Buenos Aires, Argentina Beijing, China Trier, Germany

IN REMEMBRANCE The Center mourns the passing of Angus H. Belliston and Robert Pedersen in 2018. We are grateful for their long-time friendship and support of the Center and its mission. Professor Rik Torfs Professor Juan Carlos A. Rector Katholieke Universiteit Leuven, Valderrama Angus H. Belliston Robert Pedersen Leuven, Belgium Universidad Católica, Lima, Peru

44 annual report 2018 international center for law and religion studies 45 SENIOR FELLOWS CENTER STAFF

Scott Isaacson David Kirkham Gregory C. Clark Michael L. Jensen Brett G. Scharffs W. Cole Durham, Jr. Elizabeth A. Clark Gary B. Doxey Regional Advisor for Latin America Regional Advisor for Europe Director Founding Director Associate Director Associate Director

Denise Posse-Blanco Lindberg Neil A. Lindberg Adesina J. Olukanni Erlend "Pete" Peterson

Jane Wise Donlu Thayer Deborah Wright Sharman Blood Associate Director Publications Director Center Coordinator and Conference Liaison Executive Assistant

Ruth Lybbert Renlund Neville Rochow SC Hannah Clayson Smith Patrick J. Thurston

VISITING FELLOWS

Sherie Rogde Blythe Shupe Sandy Stephenson Conference Liaison Communications Specialist International Advisory Council Liaison

Cekli Setya Pratiwi Qian Qin (China) Dmytro Vovk (Ukraine) (Indonesia) Associate Professor of International Associate Professor, Yaroslav the Head of the Legal Office and Politics, Fudan University of Wise National Law University Senior Law Lecturer, University of China; Researcher, Study Center Muhammadiyah Malang for Religion and International Relations; Vice Dean, Institute for Policy on Integrative Medicine

46 annual report 2018 international center for law and religion studies 47

48 annual report 2018 INTERNATIONAL CENTER FOR LAW AND RELIGION STUDIES 452 JRCB, PROVO, UT 84602, USA

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