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Amun Bains is a journalist.
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The first amendment to the US constitution starts “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”
Our constitution is not quite so concise. Article 44 of De Valera’s handbook for governing deals with freedom of religion. Section one says “The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.”
But then section hits reverse gear somewhat and starts “Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.”
It goes on saying “The State guarantees not to endow any religion” and “The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.”
So we have freedom or religion, sort of.
Section four starts “Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations…” That is a cute bit of phrasing, it says that you can’t discriminate between different religious denominations, but it does not prohibit discriminating against non-religious schools, or their pupils.
It continues saying that legislation must not affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.
So that’s where they are throwing a bone to the non-religious, but it’s a pretty limited one. It’s saying that if a school is receiving public money – which is pretty much all of them – it must allow pupils to attend school without attending religious instruction.
So the non-religious are not entitled to protection from discrimination in education in the way that religious are. You have a right to protection from discrimination for which religion you practice, but not from discrimination for being non-religious.
The last two sections of the article give special protection to the property of religious denomination – they can’t have their property taken away, and they have a right to manage that property and other assets as they see fit.
Note that this guarantee about property is given to each religious denomination, but not to any other organisation or individual. Religions get special protection for their property, but I want to go back to the supposed right that non-religious pupils have to attend publicly-funded religious schools, but skip the religious indoctrination.
The Catholic church and the schools that they run – still the vast majority of the schools in the country – have a long history of making life as awkward and difficult as possible for parents who didn’t want their children to be given religious indoctrination. There is no reason why religion classes couldn’t be scheduled for Wednesday or Friday afternoons, so those who didn’t want to go could go home early.
But instead, the bishops instruct each of their schools to have a religion class every day around noon. They also take advantage of the fact that the constitution says that they can’t compel parents to have their children attend, but there is nothing to say what they have to do instead.
So a common practice is to tell parents that they – the parents – must make their own arrangements for their children to be taken care of during this period, every single day, right in the middle of the school day. Other schools have told pupils that they must sit in silence in the corner, or alone in another room, and not allowed to do homework, or even read a book, because then ‘everyone else would want to do it’.
So you can see how some people might look enviously to the version of freedom of religion in the US constitution, even if that doesn’t seem to be adhered to so much these days. A lot of people have a lot of opinions about guarantees of religious freedom. I take a different view.
I don’t think we should have freedom of religion. I don’t think we should guarantee it in the constitution, or in law or anywhere else. We shouldn’t give freedom of religion, for the simple reason that we don’t know what it is.
Now, to be clear, I’m not advocating a situation where the government could pass a law sending in squads to close down the churches and synagogues and mosques, or where the state or an employer could impose any sort of sanction on you for believing or not believing in one god or another.
But here’s the thing. A long while ago – when the Catholic church was making excuses, saying that they had dealt with their rapists according to their own internal rules, Michael McDowell, I think then the justice minister, said that the rules of the Catholic church had no more relevance than the rules of the local golf club. He was wrong and he was right. It was unhelpful to put it in terms that many would find insulting and demeaning, but the message he was trying to convey was correct.
No religion can set itself up as a parallel state, and no religion can expect to be treated any different to any other institution.
What is freedom of religion? That’s the problem – we don’t really know. Most people would think about saying prayers or going to mass. But we already have in the constitution freedom of expression and freedom of assembly. Those activities would be protected anyway.
Should people be denied employment because of their religion – obviously not, but if it doesn’t involve religion, should irrelevant beliefs be a valid reasons for discrimination? I think a much clearer standard would be to say that discrimination on any irrelevant grounds should be prohibited.
You shouldn’t be discriminated against because you believe in Jesus or Vishnu, or L Ron Hubbard, or aliens from the planet Zog.
If it’s irrelevant to the role you are in, or applying for. And that’s the point. Putting religious freedom into the constitution is essentially a black box. Anyone can come along and say that anything is in their black box, and by the nature of religion, we can’t tell them that it isn’t; and those things could very well include things that justify discrimination.
One example, you might have seen some of the videos on social media where sovereign citizen freeman on the funny farm types try to tell judges or police that the laws don’t apply to them, they don’t need a driving licence or have to pay their debts or whatever.
In the US those fringe movements have propensity to say that their belief is based on their religion. Other have said that they will not vaccinate their children, or even send them to school, and based their justification. Even the flat earthers will often say that, for some reason, their reading of Christianity tells them not to believe that the earth is round.
You or I can laugh at that, and point out that there is nothing in the bible or Christian tradition about a flat earth, but that misses the point. If they say that’s their religion, we can’t exactly tell them that it isn’t.
The Mormon church was forced to prohibit polygamy, under threat of having Utah refused statehood in the US, and a minority of Mormons still reject that claim. Up to this point, the crazier, outlier beliefs have been swatted aside by the courts and wider society basically refusing to take them seriously, but that informal system breaks down when there isn’t such a monolithic mainstream view of what is and is not religious.
We are fragmenting as a society, and we in danger of someone coming up with an interpretation of what they say is their religion that is not nuts enough to ignore, but is nuts enough to cause disruption.
The solution is that we must agree which freedoms are allowed for everyone, and agree that there are no other special freedoms that you get depending on which cosmic zombie you believe in … or which golf club you are a member of.