Debating Constantine

At his helpful blog, Eastern Christian Books, Professor Adam DeVille (St. Francis) today profiles two new works on the Emperor Constantine, the man who legalized Christianity in Rome and, depending on your view of things, either promoted the spread of the religion or forever tainted it by associating it with state power. The books are Constantine the Emperor (Oxford 2012) by University of Michigan historian David Potter and  Constantine Revisited: Leithart, Yoder, and the Constantinian Debate (Wipf and Stock 2013), edited by John D. Roth. You can read Professor DeVille’s post here.

European Court Rules Clergy Cannot Unionize Over Church’s Objection

In a much-anticipated decision, the Grand Chamber of the European Court of Human Rights ruled today, 11-6, that Romania did not violate the European Human Rights Convention when it refused to register a trade union that Romanian Orthodox priests had formed against the wishes of the Romanian Orthodox Church. The decision, with important implications for church autonomy, overrules a contrary judgment by a chamber of the court last year.

Article 11 of the European Convention grants citizens–including, the Grand Chamber ruled today, clergy–the right to form trade unions, subject to restrictions that are necessary to advance legitimate governmental interests, including the “protection of the rights and freedoms of others.” Here, the Grand Chamber reasoned, Romania had restricted the priests’ right to form a union in order to protect the autonomy of Romanian Orthodox Church. Among other things, the proposed union was meant to promote members’ ability to obtain representation in the Holy Synod, the Church’s highest authority, and to strike in order to advance members’ interests within the Church. By registering a union with goals like these, the Grand Chamber reasoned, the state would hamper the ability of the Church to organize and govern itself according to its own rules:

Respect for the autonomy of religious communities … implies, in particular, that the State should accept the right of such communities to react, in accordance with their own rules and interests, to any dissident movements emerging within them that might pose a threat to their cohesion, image or unity. It is … not the task of the national authorities to act as the arbiter between religious communities and the various dissident factions that exist or may emerge within them.

In other words, because the union posed a real risk to the organizational integrity of the Romanian Orthodox Church, Romania was justified in refusing to register the union–particularly given the wide “margin of appreciation” the Convention grants states with respect to church/state relations.

The Grand Chamber’s decision contains language suggesting a sweeping view of church autonomy, but one could also see it as somewhat narrow. The Grand Chamber noted that nothing would stop clergy from forming a union “that pursues aims compatible with the Church’s Statute and does not call into question the Church’s traditional hierarchical structure and decision-making procedures.” And it emphasized the the fact-specific nature of the inquiry, stating at one point that “national courts must … conduct[] an in-depth examination of the circumstances of [a] case and a thorough balancing exercise between the competing interests at stake.” The resistance to a categorical rule is reminiscent of the US Supreme Court’s analysis in Hosanna-Tabor, the “ministerial exception” case. A third-party submission by the Becket Fund and the International Center for Law and Religion Studies discussed Hosanna-Tabor, but the Grand Chamber did not expressly rely on the American decision in its own reasoning.

The case is Sindicatul Pastoral cel Bun v. Romania (July 9, 2013), available at the ECtHR’s website, here. The Becket Fund’s press release about the decision is here.

End-Times Politics

Uri Ariel

Walter Russell Mead had an interesting post this past weekend about Israeli cabinet minister Uri Ariel’s call for rebuilding the Temple in Jerusalem. Ariel (left) has a reputation as a provocateur, and it’s hard to take his demand at face value. Rebuilding the Temple would require demolition of two famous Muslim shrines, the Dome of the Rock and the Al-Aqsa Mosque, both dating from the Arab conquest. One can’t imagine any responsible Israeli government undertaking such an operation, for reasons that are obvious. In real-world political terms, one should probably understand Ariel’s comments as a a bit of rhetoric meant to encourage the settler movement and discomfit their adversaries.

As Mead points out, however, hundreds of millions of people around the world will not see Ariel’s demand in real-world political terms. They will see it in end-times political terms. According to the “end-times theology” endorsed by many Evangelicals in the US and abroad, the Apocalypse awaits the re-establishment of the Jewish state and reconstruction of the Temple. This theology explains much Evangelical support for Israel in the US and elsewhere. Here’s Mead:

Any sign that the Temple issue is moving to the fore in Israeli politics today will engage the attention of evangelical and Pentecostal Protestants around the world. In Africa, Brazil, the United States and many other places, this news, combined with the stories about unrest in the Arab world, will be read as a sign that the End Times are approaching and that God is at work.

This is all familiar to students of contemporary Christianity. But Mead points out that there are Muslim end-times theologies too:

In Islam as in Christianity, many strains of apocalyptic thinking see the End Times as an era of apostasy and rebellion against God, of the forces of evil assembling themselves for one last battle against God and true religion. The fall of the Muslim Brotherhood in Egypt, the bitter war between Sunnis and Shiites that now embraces the entire Fertile Crescent, and what will be seen by many as evidence that Israel is preparing to restore the Temple on a site holy to Islam: these developments will further strengthen apocalyptic, End Times thinking in the Muslim world.

In other words, although Ariel’s demand may not count for much in Israeli politics, it will reinforce the end-times theologies of hundreds of millions of Christians and Muslims around the world. And that could be very significant. Let’s say only ten percent of people who believe in end-times theologies take Ariel seriously. That amounts to tens of millions of people. These tens of millions are not likely to support compromise in the Middle East. Quite the opposite: they are likely to push their governments to take hard-line positions in the conflict. Even apart from the Arab-Israeli conflict, the belief that Armageddon is near may intensify hostilities and make peaceful coexistence less likely elsewhere–between Christians and Muslims in Africa, for example. What seems an insignificant, provocative remark by a fairly obscure politician may have ramifications far beyond Israel’s borders.

Thanks, Claudia!

An active and verbal  thanks to Claudia Haupt for blogging with us here at CLR Forum these past few weeks. We’ve very much enjoyed having you with us, Claudia. Come back soon!

Clergy and Elections

For the Fourth of July, First Things has a fun post about a traditional American pastime: electioneering by clergy. “For better or worse,” Mark Tooley writes, “clergy have always been involved in U.S. politics.” It’s often for worse. Tooley writes about the presidential election of 1884, in which Democrat Grover Cleveland, the mayor of Buffalo, defeated Republican Senator James G. Blaine of Maine.

The campaign was a close and ugly one. Cleveland, seen as a crusading reformer, was revealed to have fathered an illegitimate child. Protestant pastors drummed up protests. “It is painful to think of his offenses,” wrote one, “and shameful, infinitely shameful, to have such a man commended to the suffrages of a Christian nation.” The election seemed in Blaine’s grasp.

Then, just days before the election, Blaine appeared at a rally of 500 clergy in New York City. The Rev. Samuel D. Burchard of the Thirteenth Street Presbyterian Church in Greenwich Village (top) introduced Blaine with the following words:

We are Republicans and don’t propose to leave our party and identify ourselves with the party whose antecedents have been rum, Romanism, and rebellion. We are loyal to our flag. We are loyal to you.

A little explanation may help. “Rebellion” was a reference to the Civil War, still fresh in people’s memories. “Rum,” everybody understands. And “Romanism” was a reference to Roman Catholicism, which Protestants saw, like Southern secession, as anti-American. Democratic-leaning newspapers gleefully broadcast the remark throughout the state. Offended Catholics went for Cleveland. Estimates are that Burchard cost Blaine 50,000 Catholic votes in New York. In a razor-tight race, that probably gave Cleveland the election; he won New York by 1200 votes, which put him over the top in the electoral college.

Blaine complained, understandably, that Burchard was a fool. For his own part, Burchard defended his remark as a clever alliteration. It is memorable, after all.

Happy Independence Day!

Christians in America and the Middle East

The Economist’s religion blog, “Erasmus,” has an interesting post on the sympathetic response of American Christians to the plight of Christians in the Middle East. Erasmus says this is a new development: Until recently, politically active American Christians, particularly on the right, have “seemed deeply ambivalent” about Mideast Christians. Recent events may have changed things. Erasmus notes the appearance at a congressional subcommittee hearing last week by the Hudson Institute’s Nina Shea, who spoke about the suffering of Mideast Christians and America’s responsibility to them.

It’s true that for the past few decades, the situation of the Mideast Christians hasn’t been a priority for American Christians. This wasn’t always so. In the nineteenth and early twentieth centuries, American churches agitated for aid to persecuted Christian minorities in Ottoman Turkey. More recently, though, American Christians, especially conservatives, have viewed Israelis, not Christians, as their natural allies in the region.

There are a few reasons for this. Ignorance is one. Many Americans don’t realize that there are Christians in the Middle East. In America, Christians who speak Arabic are repeatedly mistaken for Muslims. A Christian immigrant from Egypt who wears a cross once told me that Americans ask her about her mosque. Theological, cultural, and political factors play a role as well. For most American Christians, especially Evangelicals, Mideast Christians are decidedly “other.” Most are Orthodox; some are Eastern-rite Catholics; hardly any are Protestants, even mainline Protestants. In terms of worship and ecclesiology, most Mideast Christians are about as far from contemporary American Christianity as you can get and still be in the Christian fold. 

Culturally, most Mideast Christians are, well, Middle Eastern. Their values with respect to family and identity are apt to differ from those of the West. In purely cultural terms, a Christian from Minnesota may feel he has more in common with a secular Jew from Tel Aviv than a Christian from Tur Abdin. Politically, Christians in Arab countries have tended to be nationalists. Those that live in Israel feel like outsiders; they complain, with some justification, that the state is indifferent to their concerns. All this differentiates Mideast Christians from American Christians, who strongly support Israel as an embattled democracy to which the West owes a moral obligation. And this is putting aside the “end times theology” that persuades some American Evangelicals to support the Jewish state–a theology, needless to say, that Christians in the Middle East do not share. 

So what explains the new sympathy for Mideast Christians? Part of the explanation, Erasmus argues, is politics. Conservative Christians who didn’t object when Bush Administration policy led to the displacement of half the Christian population of Iraq are quite vocal now. There is some truth to this charge.

But, as Erasmus explains, it isn’t simply politics. Across the Middle East, the rise of Islamism has made the situation of  Christians truly dire. Just in the last couple of weeks, Islamists in the Syrian opposition murdered a Catholic priest. Unfortunately, this example of anti-Christian brutality is not unusual. Two Orthodox bishops kidnapped by Islamists in Syria have yet to be found. In Egypt, the Copts suffer greatly. In Turkey, the government is seizing the land of Syriac Christians on the basis of phony claims. One could give many other examples.

It bears repeating: Christianity in the Middle East faces an existential threat. And the Obama Administration–like the Bush Administration before it–has other priorities. Reportedly, the US ambassador to Egypt recently asked the Coptic Pope, Tawadros, to discourage Christians from taking part in anti-Morsi protests. And the Administration has decided to arm the Syrian opposition–a decision that seems likely, over time, to result in arming the Syrian Islamists.

The Administration undoubtedly believes that democracy is the only long-run hope for the Middle East, and that democratically-elected Islamist governments, if that is what the region’s people wish, are the short-term price one has to pay. I suppose an argument could be made. But of course Americans aren’t the ones paying the price. Christianity in the Middle East is going to the wall. As this tragedy becomes known, largely through the work of people like Shea, American Christians are taking notice.

California Court Rules School Yoga Program Does Not Violate Constitution

The Crisscross-Applesauce Position (New York Times)

An update on a case I wrote about in May: a California state court has ruled that including yoga in an elementary school phys ed program does not violate the Establishment Clause. Under current Supreme Court precedent, public schools may not endorse any particular religion (or, for that matter, religion generally). In yesterday’s ruling, the San Diego Superior Court reasoned that the Encinitas Union School District has scrubbed religious references from its yoga classes–the Lotus position has been renamed the “Crisscross-Applesauce” pose, for example–so that what remains is merely a fitness and stress-reduction program for kids. The court apparently did not find persuasive the testimony of an Indiana University religious studies professor, Candy Gunther Brown, who argued that yoga, a Hindu practice, is inherently religious. A lawyer for parents who brought the lawsuit against the school district says his clients will likely appeal.

Event: “Faith, Values and the Economy”

On July 18 in Washington, Brookings will release a new survey on economic policy and the views of religious progressives and conservatives:

On July 18, the religion, policy and politics project at Brookings will co-host an event with the Public Religion Research Institute (PRRI) to release a new survey and accompanying report co-authored by Brookings Senior Fellows E.J. Dionne and William Galston and PRRI CEO Robert P. Jones, PRRI Research Director Daniel Cox, and PRRI Research Associate Juhem Navarro-Rivera.

The 2013 Economic Values Survey tackles a range of topics, including perceptions of economic wellbeing and upward mobility; the role of government; how well capitalism is working; the importance and availability of equal opportunity; values that should guide government policy on economic issues; and specific economic policies. With its large sample size, the survey explores a range of fault lines on these issues, including racial and ethnic or generational divides. Additionally, the survey takes up the question of the existence and vitality of religious progressives compared to religious conservatives, and examines the relationship between theological beliefs and the views of both groups on capitalism and economic policy.

After the program, the speakers will take audience questions.

Details and the event registration form are here.

House Hearing on Religious Minorities in Syria

CLR Forum reader Anahid Ugurlayan kindly points us to an important joint subcommittee hearing yesterday at the US House of Representatives, Religious Minorities in Syria: Caught in the Middle. Co-sponsored by the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations and the Subcommittee on the Middle East and North Africa, the hearing heard from four witnesses, including USCIRF Commissioner Zuhdi Jasser. The hearing extensively addressed the plight of Syria’s Christians.

The whole hearing is worthwhile, but the testimony of the Hudson Institute’s Nina Shea is particularly useful. Shea concedes that “no religious community has been spared suffering” in Syria’s civil war. But “Syria’s ancient Christian minority” faces an existential threat:

Christians, however, are not simply caught in the middle, as collateral damage. They are the targets of a more focused shadow war, one that is taking place alongside the larger conflict between the Shiite-backed Baathist Assad regime and the largely Sunni rebel militias. Christians are the targets of an ethno-religious cleansing by Islamist militants and courts. In addition, they have lost the protection of the Assad government, making them easy prey for criminals and fighters, whose affiliations are not always clear.

Shea documents anti-Christian incidents, some of them quite harrowing. She recommends, among other things, that the US Government direct aid to institutions caring for Christian refugees (who often fear going to refugee camps); expedite immigration applications from Syrian Christians; and ensure that none of its assistance to the Syrian opposition finds its way into the hands of Islamist groups responsible for the ethnic cleansing of Christians.

District Court Rules in Favor of Big Mountain Jesus

Image from the Flathead Beacon

An update on a story we’ve been following: Yesterday, a federal district court ruled that the US Forest Service did not violate the Establishment Clause by renewing a permit for “Big Mountain Jesus” (left), a six-foot-tall statue on land the Service leases to a private ski resort in Big Mountain, Montana. The statue has been in place since 1954, when the Knights of Columbus donated it–though this part is a matter of some dispute–as a war memorial. In response to an objection from the Freedom From Religion Foundation (FFRF), the Service decided not to renew the statue’s permit in 2011. This decision led to public outcry–the service received 95,000 comments in less than two months–and the Service reversed itself, whereupon the FFRF sued.

Under current Supreme Court precedent, official display of a religious symbol violates the Establishment Clause if a reasonable observer would think that the government is endorsing a religious message. In yesterday’s opinion, the court ruled that a reasonable observer would not perceive an official endorsement of religion in the case of Big Mountain Jesus. The statue is on land the government leases to a private owner and is maintained by a private organization–facts an inscription on the statue’s base explains. Many observers would be unaware of any governmental involvement at all. Moreover, although a statue of Jesus is obviously a Christian symbol, the secular, even irreverent associations of this particular statue minimize any religious message. At least some people think of the statue as a war memorial. Some people value the statue’s historical significance. And most observers, the court suggested, see the statue as a kind of campy joke: “Typical observers of the statue are more interested in giving it a high five or adorning it in ski gear than sitting before it in prayer.”

It’s unfortunate that current doctrine favors the trivialization of a religious symbol as evidence of its constitutionality, but that’s where we are. (Remember the candy canes and reindeer around the creche?) The court also noted that Big Mountain Jesus had been around for about 60 years before anyone had thought to object. This, too, is an important factor under Supreme Court precedent: “longevity demonstrates that ‘few individuals, whatever their system of beliefs, are likely to have understood the monument as amounting, in any significantly detrimental way, to a government effort to favor a particular religious sect.'”

The Becket Fund for Religious Liberty, which intervened in the case on behalf of the Knights of Columbus and other parties, has a press release about the case here. The FFRF says it will likely appeal.