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'Cheerful' Anti-religious Sentiments Flourish in Europe
by Michael K. Young

For those who travel the world in search of cities that play an important role in world affairs, Brussels, Belgium is hard to beat. As the host city to the headquarters of the European Union, it is the heart and soul of perhaps the most interesting attempt in history to link great—and historically highly antagonistic—nations together.

But Brussels is also home to some of the most relentlessly cheerful anti-religious sentiment that you can find anywhere in the world.. I saw this first hand during a recent trip to the European capital on behalf of the Commission on International Religious Freedom, which I chair.

"Harmful Sectarian Organizations"
Perhaps the most disturbing—though highly amusing, if that is an appropriate word to use in this context—manifestation of that sentiment emerged during a conversation with the Executive Director of Belgium's new Sectarian Activities Observation Commission, created to keep an eye on what the Belgium legislature has labeled (with far more enthusiasm and optimism than wisdom) "harmful sectarian organizations" or, more prosaically, cults. In expressing our concern about these laws and their potential impact on religious liberties in Belgium (and, even more importantly, in other countries, like Russia and the Ukraine, that might take cues from Europe), I noted a series of disturbing developments, including the Belgium government's decision to deny all visas to Mormon missionaries for almost a year. It seemed unlikely to me, I told the Executive Director, that young Mormons were so dangerous to the minds of the average Belgium burgher that they must be kept at bay, like Al Queda terrorists or Colombian drug lords.

Of course I expected the director to defend his government's actions. But I was not prepared for the precise nature of his defense. Upon raising this practice as an example of precisely the kind of mischief these laws can cause, he said dismissively—and in rather good humor—that I should not worry. This clearly was not an example of anti-Mormonism, he said. Rather, he told me, the official who denied the visas was not anti-Mormon at all; in fact, he was universally anti-religion and anti-cleric and had denied visas to all foreign religious workers, including those from Korea, Africa and South America. After a stunned silence, I finally told him that he might be surprised just how little comfort his response gave me.

A Contrast
But at some levels, I suppose I should not have been surprised at all. After all, in 1789, just as the United States was debating and then adopting the Bill of Rights to the Constitution, the National Assembly of France, reflecting France's own revolutionary impulses, was passing a national decree also designed to define and establish the relationship between the church and the state.

At some level, both countries were addressing a similar concern. Many Americans had come to the New World precisely to escape the tyranny of a majority religion. They desired protection against the incursions such a religion might make on their personal liberties. In particular, they did not want the federal government to take sides in the various disputes between and among religions or to impose some version of a state religion on its citizens who might choose to worship differently from the majority.

France citizens too were concerned about the control the church, in this case, the Catholic Church, had over their lives. The role of the Church and its representatives was considered enormously oppressive by many; indeed, many considered the Church a fellow traveler with the monarch and thus an enemy to true liberty, equality and brotherhood, the three ideological pillars of the French Revolution.

Here, however, the similarities end. As we all know, while fearful of the state, Americans remained enamored of religion and recognized its importance—indeed, centrality—in their lives. They responded by placing limits on the state and its capacity to interfere with religion and otherwise giving religion a special, if somewhat limited place in the public square. Those limitations on the state and that delineation of the favored place of religion are enshrined in perhaps America's greatest contribution to the world's thinking on the state, namely, the First Amendment to the U.S. Constitution. That Amendment reads in relevant part: "Congress shall make no law respective an establishment of religion, or prohibiting the free exercise thereof…"

The French, on the other hand, took a quite different tack. Instead of distancing the state from the Church, the National Assembly essentially confiscated all church property. The decree of 1789, elegant in its simplicity, declared that all church and clerical property was now available for use by the state. In other words, the state now owned the church's assets and those assets could only be used by the church under the direction of the state.

Fast forward over 200 years later, as America and France continue to wrestle with the thorny issues of church-state relations, and that fundamental difference in approach is still glaringly apparent. And, frankly, in the case of France (and now Belgium), the approach to this problem is just as pernicious as it was 200 years ago during the glorious excesses of the French Revolution.

The Anti-Cult Legislation
Nowhere are these differences more apparent than in France's and Belgium's current anti-cult legislation. Passed in the aftermath of the spectacular suicide of the adherents of the Solar Temple in Switzerland and the increase in both membership and the public's awareness of Scientology, these French laws attack the "problem" of "harmful sectarian activity" from four slightly different directions. First, the laws established a so-called cult observatory commission, supposedly composed of political figures of some eminence, to study various religious movements with an eye to identifying "harmful sectarian organizations." The commission is supposed to provide objective information and analysis of such religions to both the general public and to government agencies. It is sort of a religious consumer affairs bureau.

Second, the laws mandate the national security forces to pay particular attention to the activities of these harmful sectarian organizations, with an eye to intercepting and curtailing any activity that is against the law or the public interest. Third, an interagency group is ordered to monitor the activities of these organizations and to take appropriate action throughout each ministry to protect adequately the public interest.

Finally, these laws establish new crimes that might be "committed" by these harmful sectarian organizations. The list of crimes is bizarre, to say the least. For example, the laws prohibit "fraudulent abuses of a state of ignorance or weakness" or "mental manipulation"—whatever those crimes are—at least when the perpetrators are members of harmful sectarian organizations, whatever those organizations are. The "overbearing of the will" is also enjoined, a law that all three of my children undoubtedly would have devoutly desired to invoke and invoke frequently during their respective childhoods.

To someone trained in the law, these various laws and regulations are nutty in the extreme. Of course, thoughtful European lawyers agree. Virtually all the experts who testified before the legislatures in both France and Belgium during the parliamentary debate on these laws opined, for example, that there simply was no way to define a sect. Or, put slightly differently, there is no way to define a sect that permits one to distinguish with any accuracy (and honesty) between one religion and another. All religions possess many of the characteristics of a sect. Indeed, virtually all religions began life as disfavored by the majority religion as any so-called sect is today. In short, all the experts agreed. The legislators were on a fool's errand.

Our Increasing Concern
Our Commission had become increasingly concerned over the application of this law during the past few years. Complaints from such well-known and well-established religions as the Seventh-Day Adventists, the Assemblies of God and the Jehovah's Witnesses had joined a chorus of more esoteric and exotic religions, like the Scientologists, the Hare Krishna and Falun Gong. And as I mentioned earlier, even the Mormons have been caught in the net, though, happily, the policy regarding visas has now been reversed.

We have been concerned in large part because the conventional justification for these laws is almost certainly not the real motivation behind them. Indeed, the major conventional justification appears to be that the French and the Belgiums need special protection from the religious predators, an assumption clearly predicated on the notion that Belgium and France are populated by hundreds of thousands, perhaps even millions, of feeble minded citizens who cannot reason for themselves. After all, the law serves no purpose unless the average Frenchman or Belgium citizen is so addle-minded that his or her will is likely to be overborne by a rousing sermon by a Southern Baptist minister or an Assemblies of God preacher, a number of whom were under expulsion orders, by the way, on exactly the same day I was having this enlightening conversation with my observatory commission interlocutor. Of course, I have certainly been known to fall asleep a time or two during some sacrament meeting talks in our own church, but are the French so simple-minded and weak-willed that they would not fall asleep, but irrationally convert and, heaven forbid, perhaps even pay tithing. It is possible, of course, but it does not reflect the mental capabilities of the French and Belgiums with whom I am acquainted. Perhaps the government knows of millions of weak-minded French, but, so far at least, they have largely escaped my notice.

No, what the French are really concerned about is exactly the opposite, namely, that religion might actually come to play some part in the lives of its citizens. It is not the weak-mindedness of the French that worries these French politicians and bureaucrats. To the contrary, it is precisely their independence and intelligence that they fear. And, most of all, it is the possibility that religion might replace some variation of the prevailing religion of secular humanism that so terrifies the French elite, or at least so it seems.

This takes us back to our original point. Both the United States and France wrestled—and continue to wrestle—with the relationship between church and state. But the solutions devised by both societies could not be more different. The French seem to work assiduously to minimize the room given religion in their society. In the United States, on the other hand, while anti-clerical and anti-religious forces certainly abound, our general approach has been quite different from the French. We generally agree that of all the things the state can do, the one it cannot is to exclude religion from public life. In fact, for the most part, it cannot even interfere. It cannot take sides, of course. Neither can it provide particular comfort or support to any particular religion or even all religions. But neither can it discriminate against religion or diminish religion's capacity to be a force in public life.

None of this is to say that our system works perfectly. Virtually all lawyers who study these issues have quibbles with the way the law and the Constitution are interpreted and applied. But only the least perception among us would not concede that there is a great difference between the way we handle these matters and the way many of our European friends address them.

I have puzzled long and hard over this divergence between us and the Continent. After all, in so many matters our ideology and our basic values are identical, or at least very, very close. What is it about our history, our culture, our experience or our attitudes that causes such a fundamental difference in this area? And while I do not have any sure answer, I am increasingly inclined to think that perhaps at least some part of the problem lies in the historic role of religion in our different societies.

No Religion Dominant
Put simply, at the time of the formation of our country, no religion was dominant. Indeed, those religions most represented in the general population were, for the most part, decidedly minority religions on the Continent. Or at least a very large percentage of Americans were members of religious orders that generally had not been in a position of dominance in the countries from which the new Americans had come. Moreover, while one could identify a majority religion in almost every state, in no state was the dominance of that religion overwhelming. Moreover, the religion that was the majority in one state was certainly not the religion in all states; indeed, it often was not even the majority religion in the bordering states. In other words, the United States was not only a melting pot of sorts for peoples, it was a veritable stew pot of religions.

In light of this happy mix of religions, those creating the new government did not feel particularly threatened by the possibility that any particular religion might achieve such a position of primacy that it could threaten the rights of even its own believers, much less members of other churches. In fact, their experience had been just the opposite. Many had left countries where the state had given favor to one religion, often at the great expense of another religion and its believers. It was this government intervention in the affairs of religion and the possibility that religion would interfere in the affairs of state that worried the founders, not the possibility that a particular religion would oppress others.

Europe's experience had been quite different. In fact, the majority religion and the monarch were generally the twin pillars of authority in every country, with one giving comfort, support and legitimacy to the other. The tyranny of the monarch and the tyranny of the church were often virtually co-terminus. And it was against these dual tyrannies that the people revolted.

Not surprisingly, in light of that history, the Europeans were more inclined to limit the reach of the church in any way they could. And one way they could do it was to confiscate the church's property, reducing its resources and correspondingly reducing its capacity to control the lives of its members and largely eliminating its ability to harm the lives of non-believers.

This anti-religious theme not only influenced the theory and structure of government, but, over time, it came to dominate the thinking of intellectuals and other elites and spilled over into society in general. What started as a method to ensure liberty for all became a quest to constrict the liberty of the church.

A Pervasive Sentiment
That vaguely anti-religious sentiment still permeates virtually every conversation with European government officials. More importantly, perhaps, it also seems to have spread throughout society in a way that has dramatically diminished the role of religion in the lives of the vast majority of Europeans. Even in Belgium, the government officials were a little surprised by the fuss. Nor surprisingly, only one in ten Belgiums claims any real allegiance to a religion or claims that religion plays any significant role in their lives. Only about the same number claims that they attend church even on an irregular basis. In light of that statistic, it is not surprising that the French and Belgium officials were not entirely clear why we seemed to care so much about a few Assemblies of God ministers or a couple of young Mormon Elders.

But the more I thought about it, the more unsettling insight from this trip derived not from what the European governments were doing, but why. I came away with the distinct impression that at least some substantial percentage of the problems that churches now face in Europe are the results of the way in which their churches behaved 200 years ago. Churches that identified too closely with the oppressive rulers and otherwise were part of the problem of religious oppression caused the reaction we see in Europe today. As people gradually sought to break lose from the tyranny of the past, their first instinct was not to embrace the church as an ally in their fight for freedom, but rather to limit and cabin off the church, just as they had the king, the nobility and other repressive forces in their society.

But why is that such an unsettling lesson? What has it got to do with freedom of religion today?

I think the answer is relatively simple. At the most fundamental level, how churches and their believers behave has some significant impact on the overall societal response to religion. If churches are on the side of the angels—for these purposes, if churches and their members are at the fore, arguing for freedom of religion for everyone, not just their own believers and co-religionist—then the society in which that church is located will, in the long run, view that church as a force for good and will work to ensure adequate space in the public square for that and other churches. But if the churches and their believers support the suppression of all disagreement and otherwise attempt to restrict the rights of people who might believe differently than they do, then, when society finally begins to think about true freedom and to organize itself in an open and tolerant way, then religion will be on the wrong side of history. The people will claim their freedom and their dignity, not hand in hand with their priests and their ministers, but rather by restricting their religions and their churches.

I think about this a great deal as I formulate my own opinions about how we ought to organize ourselves here in the United States regarding religious freedom and tolerance. In the final analysis, while it does not provide an easy answer to every question, it does suggest to me that I best protect my freedom of religion and that of my family by working as hard as I can to guaranty the freedom of religion for everyone else. When our church—or any church, for that matter—is viewed as a supporter of freedom for others, then others are likely to consider the church an indispensable ally in the fight for liberty and give the church a place of honor in the public square. In the final analysis, the most practical reason in the world to fight for the freedom of others is to ensure freedom for ourselves, our children and their children after them.

If the history of Europe and the United States shows us anything, it shows us that what goes around, comes around. And when it comes around, I want to be sure that I am on the right side of history and am counted among those who have worked their hardest to ensure that everyone has the same freedoms and rights that I want to claim for myself and for my family. The fight for religious liberties for others is, at the end of the day, only the fight for our own religious liberties.

 

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© 2002Meridian Magazine.  All Rights Reserved.

 

 

About the Author:

To learn more about Dean Michael K. Young, read the Meridian article, "Michael Young: Keeping Watch on International Religious Freedom."

Mike Young is a graduate of the Brigham Young University (B.A., summa cum laude with highest honors, 1973) and Harvard Law School (J.D., magna cum laude, 1976), where he served as Note Editor of The Harvard Law Review. Before beginning his teaching career, Brother Young served as Law Clerk to Supreme Court Justice William H. Rehnquist and to Justice Benjamin Kaplan of the Supreme Judicial Court of Massachusetts.

Mike joined the George Washington Law School (Washington D.C.) in the summer of 1998 as Dean and Lobingier Professor of Comparative Law and Jurisprudence. He also currently serves as the United State's President-appointed Chair of the U.S. Commission on International Religious Freedom (established by the International Freedom Act of 1989), on which he has served since its creation. He is also a member of the Committee on International Judicial Relations of the Judicial Conference of the United States, as well as a Fellow of the American Bar Foundation. In addition, he also serves as a member of the Board of Visitors of the U.S. Air Force Academy.

Dean Young was the Fuyo Professor of Japanese Law and Legal Institutions at the School of Law of Columbia University. At Columbia, he also served as Director of the Center for Japanese Legal Studies, the Center for Korean Legal Studies, and the Project on Religion, Rights and Religious Freedom. Dean Young has been a Visiting Professor and Scholar at the Law Faculties of the University of Tokyo, Waseda University and Nihon University. He has also been a Japan Foundation Fellow.

During the Administration of President George (H.W.) Bush, Dean Young served as Ambassador for Trade and Environmental Affairs, Deputy Under Secretary for Economic and Agricultural Affairs, and Deputy Legal Advisor to the U.S. Department of State. In 1996, he also served as Counsel to Select Subcommittee on Transfers of Iranian Arms to Bosnian Muslims of the U.S. House of Representatives.

Brother Young has served as Stake President of the New York New York Stake. He currently serves on the Washington D.C. Public Affairs Advisory Council and serves on the High Council of the McLean Virginia Stake. Bottom line for Mike Young is his commitment to his family and the gospel.

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