Religious Freedom

Pope Leo XIII, in his encyclical Libertas, says:

19. To make this more evident, the growth of liberty ascribed to our age must be considered apart in its various details. And, first, let us examine that liberty in individuals which is so opposed to the virtue of religion, namely, the liberty of worship, as it is called. This is based on the principle that every man is free to profess as he may choose any religion or none.

20. But, assuredly, of all the duties which man has to fulfill, that, without doubt, is the chiefest and holiest which commands him to worship God with devotion and piety. This follows of necessity from the truth that we are ever in the power of God, are ever guided by His will and providence, and, having come forth from Him, must return to Him. Add to which, no true virtue can exist without religion, for moral virtue is concerned with those things which lead to God as man’s supreme and ultimate good; and therefore religion, which (as St. Thomas says) “performs those actions which are directly and immediately ordained for the divine honor”,(7) rules and tempers all virtues. And if it be asked which of the many conflicting religions it is necessary to adopt, reason and the natural law unhesitatingly tell us to practice that one which God enjoins, and which men can easily recognize by certain exterior notes, whereby Divine Providence has willed that it should be distinguished, because, in a matter of such moment, the most terrible loss would be the consequence of error. Wherefore, when a liberty such as We have described is offered to man, the power is given him to pervert or abandon with impunity the most sacred of duties, and to exchange the unchangeable good for evil; which, as We have said, is no liberty, but its degradation, and the abject submission of the soul to sin.

21. This kind of liberty, if considered in relation to the State, clearly implies that there is no reason why the State should offer any homage to God, or should desire any public recognition of Him; that no one form of worship is to be preferred to another, but that all stand on an equal footing, no account being taken of the religion of the people, even if they profess the Catholic faith. But, to justify this, it must needs be taken as true that the State has no duties toward God, or that such duties, if they exist, can be abandoned with impunity, both of which assertions are manifestly false. For it cannot be doubted but that, by the will of God, men are united in civil society; whether its component parts be considered; or its form, which implies authority; or the object of its existence; or the abundance of the vast services which it renders to man. God it is who has made man for society, and has placed him in the company of others like himself, so that what was wanting to his nature, and beyond his attainment if left to his own resources, he might obtain by association with others. Wherefore, civil society must acknowledge God as its Founder and Parent, and must obey and reverence His power and authority. Justice therefore forbids, and reason itself forbids, the State to be godless; or to adopt a line of action which would end in godlessness-namely, to treat the various religions (as they call them) alike, and to bestow upon them promiscuously equal rights and privileges. Since, then, the profession of one religion is necessary in the State, that religion must be professed which alone is true, and which can be recognized without difficulty, especially in Catholic States, because the marks of truth are, as it were, engravers upon it. This religion, therefore, the rulers of the State must preserve and protect, if they would provide – as they should do – with prudence and usefulness for the good of the community. For public authority exists for the welfare of those whom it governs; and, although its proximate end is to lead men to the prosperity found in this life, yet, in so doing, it ought not to diminish, but rather to increase, man’s capability of attaining to the supreme good in which his everlasting happiness consists: which never can be attained if religion be disregarded.

Among other things, the Pope seems to be claiming, “There is one true religion, namely the Catholic religion, and it is easily recognized as such.” It is difficult to see a way in which this statement might be both true and fit well in this context. If the claim implies that the majority of honest, reasonable people would agree that Catholicism is true, then it seems to slander the human race, given the fact that only about one seventh of humanity accepts this, and surely the majority of these people were raised Catholic rather than being converts. If it means that “it should be easy to see that Catholicism is true, but in practice it is not, because of various impediments,” then it does not seem to fit well in this context, because the Pope seems to be making practical statements about how individuals and states should behave, so if it is not easy in practice, it is not easy in the way that is relevant here. In any case it is not necessary to consider this in detail at this time.

Later in the encyclical he discusses the idea of tolerance:

33. Yet, with the discernment of a true mother, the Church weighs the great burden of human weakness, and well knows the course down which the minds and actions of men are in this our age being borne. For this reason, while not conceding any right to anything save what is true and honest, she does not forbid public authority to tolerate what is at variance with truth and justice, for the sake of avoiding some greater evil, or of obtaining or preserving some greater good. God Himself in His providence, though infinitely good and powerful, permits evil to exist in the world, partly that greater good may not be impeded, and partly that greater evil may not ensue. In the government of States it is not forbidden to imitate the Ruler of the world; and, as the authority of man is powerless to prevent every evil, it has (as St. Augustine says) to overlook and leave unpunished many things which are punished, and rightly, by Divine Providence.(10) But if, in such circumstances, for the sake of the common good (and this is the only legitimate reason), human law may or even should tolerate evil, it may not and should not approve or desire evil for its own sake; for evil of itself, being a privation of good, is opposed to the common welfare which every legislator is bound to desire and defend to the best of his ability. In this, human law must endeavor to imitate God, who, as St. Thomas teaches, in allowing evil to exist in the world, “neither wills evil to be done, nor wills it not to be done, but wills only to permit it to be done; and this is good.”(11) This saying of the Angelic Doctor contains briefly the whole doctrine of the permission of evil.

34. But, to judge aright, we must acknowledge that, the more a State is driven to tolerate evil, the further is it from perfection; and that the tolerance of evil which is dictated by political prudence should be strictly confined to the limits which its justifying cause, the public welfare, requires. Wherefore, if such tolerance would be injurious to the public welfare, and entail greater evils on the State, it would not be lawful; for in such case the motive of good is wanting. And although in the extraordinary condition of these times the Church usually acquiesces in certain modern liberties, not because she prefers them in themselves, but because she judges it expedient to permit them, she would in happier times exercise her own liberty; and, by persuasion, exhortation, and entreaty would endeavor, as she is bound, to fulfill the duty assigned to her by God of providing for the eternal salvation of mankind. One thing, however, remains always true – that the liberty which is claimed for all to do all things is not, as We have often said, of itself desirable, inasmuch as it is contrary to reason that error and truth should have equal rights.

35. And as to tolerance, it is surprising how far removed from the equity and prudence of the Church are those who profess what is called liberalism. For, in allowing that boundless license of which We have spoken, they exceed all limits, and end at last by making no apparent distinction between truth and error, honesty and dishonesty. And because the Church, the pillar and ground of truth, and the unerring teacher of morals, is forced utterly to reprobate and condemn tolerance of such an abandoned and criminal character, they calumniate her as being wanting in patience and gentleness, and thus fail to see that, in so doing, they impute to her as a fault what is in reality a matter for commendation. But, in spite of all this show of tolerance, it very often happens that, while they profess themselves ready to lavish liberty on all in the greatest profusion, they are utterly intolerant toward the Catholic Church, by refusing to allow her the liberty of being herself free.

All of this looks very different from the Second Vatican Council’s declaration on religious freedom:

2. This Vatican Council declares that the human person has a right to religious freedom. This freedom means that all men are to be immune from coercion on the part of individuals or of social groups and of any human power, in such wise that no one is to be forced to act in a manner contrary to his own beliefs, whether privately or publicly, whether alone or in association with others, within due limits.

The council further declares that the right to religious freedom has its foundation in the very dignity of the human person as this dignity is known through the revealed word of God and by reason itself.(2) This right of the human person to religious freedom is to be recognized in the constitutional law whereby society is governed and thus it is to become a civil right.

It is in accordance with their dignity as persons-that is, beings endowed with reason and free will and therefore privileged to bear personal responsibility-that all men should be at once impelled by nature and also bound by a moral obligation to seek the truth, especially religious truth. They are also bound to adhere to the truth, once it is known, and to order their whole lives in accord with the demands of truth. However, men cannot discharge these obligations in a manner in keeping with their own nature unless they enjoy immunity from external coercion as well as psychological freedom. Therefore the right to religious freedom has its foundation not in the subjective disposition of the person, but in his very nature. In consequence, the right to this immunity continues to exist even in those who do not live up to their obligation of seeking the truth and adhering to it and the exercise of this right is not to be impeded, provided that just public order be observed.

3. Further light is shed on the subject if one considers that the highest norm of human life is the divine law-eternal, objective and universal-whereby God orders, directs and governs the entire universe and all the ways of the human community by a plan conceived in wisdom and love. Man has been made by God to participate in this law, with the result that, under the gentle disposition of divine Providence, he can come to perceive ever more fully the truth that is unchanging. Wherefore every man has the duty, and therefore the right, to seek the truth in matters religious in order that he may with prudence form for himself right and true judgments of conscience, under use of all suitable means.

Truth, however, is to be sought after in a manner proper to the dignity of the human person and his social nature. The inquiry is to be free, carried on with the aid of teaching or instruction, communication and dialogue, in the course of which men explain to one another the truth they have discovered, or think they have discovered, in order thus to assist one another in the quest for truth.

Moreover, as the truth is discovered, it is by a personal assent that men are to adhere to it.

On his part, man perceives and acknowledges the imperatives of the divine law through the mediation of conscience. In all his activity a man is bound to follow his conscience in order that he may come to God, the end and purpose of life. It follows that he is not to be forced to act in a manner contrary to his conscience. Nor, on the other hand, is he to be restrained from acting in accordance with his conscience, especially in matters religious. The reason is that the exercise of religion, of its very nature, consists before all else in those internal, voluntary and free acts whereby man sets the course of his life directly toward God. No merely human power can either command or prohibit acts of this kind.(3) The social nature of man, however, itself requires that he should give external expression to his internal acts of religion: that he should share with others in matters religious; that he should profess his religion in community. Injury therefore is done to the human person and to the very order established by God for human life, if the free exercise of religion is denied in society, provided just public order is observed.

There is a further consideration. The religious acts whereby men, in private and in public and out of a sense of personal conviction, direct their lives to God transcend by their very nature the order of terrestrial and temporal affairs. Government therefore ought indeed to take account of the religious life of the citizenry and show it favor, since the function of government is to make provision for the common welfare. However, it would clearly transgress the limits set to its power, were it to presume to command or inhibit acts that are religious.

4. The freedom or immunity from coercion in matters religious which is the endowment of persons as individuals is also to be recognized as their right when they act in community. Religious communities are a requirement of the social nature both of man and of religion itself.

Provided the just demands of public order are observed, religious communities rightfully claim freedom in order that they may govern themselves according to their own norms, honor the Supreme Being in public worship, assist their members in the practice of the religious life, strengthen them by instruction, and promote institutions in which they may join together for the purpose of ordering their own lives in accordance with their religious principles.

Religious communities also have the right not to be hindered, either by legal measures or by administrative action on the part of government, in the selection, training, appointment, and transferral of their own ministers, in communicating with religious authorities and communities abroad, in erecting buildings for religious purposes, and in the acquisition and use of suitable funds or properties.

Religious communities also have the right not to be hindered in their public teaching and witness to their faith, whether by the spoken or by the written word. However, in spreading religious faith and in introducing religious practices everyone ought at all times to refrain from any manner of action which might seem to carry a hint of coercion or of a kind of persuasion that would be dishonorable or unworthy, especially when dealing with poor or uneducated people. Such a manner of action would have to be considered an abuse of one’s right and a violation of the right of others.

In addition, it comes within the meaning of religious freedom that religious communities should not be prohibited from freely undertaking to show the special value of their doctrine in what concerns the organization of society and the inspiration of the whole of human activity. Finally, the social nature of man and the very nature of religion afford the foundation of the right of men freely to hold meetings and to establish educational, cultural, charitable and social organizations, under the impulse of their own religious sense.

At the very least, there is a vast difference of attitude in the statements, and at the most, they might seem to be saying completely opposite things. Leo XIII says that “the tolerance of evil which is dictated by political prudence should be strictly confined to the limits which its justifying cause, the public welfare, requires,” while Dignitatis Humanae says that “all men are to be immune from coercion on the part of individuals or of social groups and of any human power, in such wise that no one is to be forced to act in a manner contrary to his own beliefs, whether privately or publicly, whether alone or in association with others, within due limits.” Since both statements contain qualifications, they might be consistent in practice. However, the first seems to say, “We might have to allow someone to make this false statement, but it would be better if we could prevent it,” while the second seems to say, “We might have to prevent someone from making this false statement, but it would be better if we could allow it.” Understood in this way, the statements would not be consistent.

Thomas Storck discusses the apparent inconsistency:

“Since the Catholic Church has changed her authoritative teaching on more than one point of faith and morals, there is absolutely no reason why she cannot be expected to change it on others. And, this being the case, to silence dissenting theologians is very possibly to prevent the discovery and propagation of new truths, truths which the Church herself will eventually come to accept.” We are all likely familiar with arguments of this sort, arguments made in varying ways by theologians who refuse to accept all the teachings of the Church’s magisterium. When pressed for specifics, moreover, the two points on which they generally allege the Church has changed her doctrine are the licitness of usury and the question of religious liberty. And if the magisterium really has changed on these issues, then it is hard not to concede to them their point. For if the teaching of the ordinary magisterium on usury or religious liberty has changed over the centuries because of changing social conditions, then why not teaching on contraception or divorce? Therefore, it seems to me of the greatest importance for orthodox Catholics to be able to demonstrate that the Church has never changed any point of its magisterial teachings nor can she.

There is a kind of moral reasoning here: We cannot admit that the Church has changed its teaching on religious liberty, since that would provide an argument that the Church might change its teaching on contraception or other matters, and it would be bad to admit that.

Regardless of the prudence of this manner of reasoning, this is a bad way of trying to get at the truth of the matter.

Working out his solution to the apparent conflict, he says:

The apparent conflict here concerns public worship and proselytizing activities, since the papal teaching quoted earlier never contemplated suppressing private religious actions. But how far is the conflict real?

In <Dignitatis Humanae> itself there are two limitations of the right to religious freedom. First, this freedom is restricted “within due limits” and by “the just requirements of public order.” Second, the assertion of man’s right to religious liberty seems to be considerably qualified by a further statement in the declaration. This statement appears in the paragraph immediately preceding the section quoted, and runs thus:

So while the religious freedom which men demand in fulfilling their obligation to worship God has to do with freedom from coercion in civil society, it leaves intact the traditional Catholic teaching on the moral duty of individuals and societies toward the true religion and the one Church of Christ.

What do these reservations mean?

In regard to “the just requirements of public order,” at first glance this phrase might seem to mean things such as keeping civil peace, obeying health regulations, respecting morality and the like. But even Professor Wolfe implicitly acknowledges that it could include suppression of polygamy, although polygamy is a practice by no means necessarily contrary to civil peace.14 This also despite the fact that polygamy is or has been permitted by several major religions, and its prohibition would be a limiting of religious freedom. In other words, “the just requirements of public order” apparently mean more than merely keeping order in society, and extend to repressing socially harmful practices.

But I think one can go further than this. I suggest the following: That “the just requirements of public order” vary considerably between a Catholic state and a religiously neutral state. If a neutral state can prohibit polygamy, even though it is a restriction on religious freedom, then a Catholic state can likewise restrict the public activity of non-Catholic groups. “The just requirements of public order” can be understood only in the context of a people’s traditions and modes of living, and in a Catholic society would necessarily include that social unity based upon a recognition of the Catholic Church as the religion of society, and the consequent exclusion of all other religions from public life. Western secular democracies, committed to freedom of religion for all sects, find no contradiction in proscribing polygamy, although some religions permit it, because its practice is contrary to the traditions and mores of these nations. A Catholic country can certainly similarly maintain its own manner of life.

What about the repeated declarations in <Dignitatis Humanae> about religious freedom as a personal human right? The Council proclaims, I think, an abstract human right, but a right that is not necessarily fully applicable in any given circumstance or place. Because of the “dignity of the human person” man does indeed have a right to religious liberty, in fact, by giving us a free will God has necessarily given us a kind of religious liberty, including the liberty to err. But this does not mean that this liberty may be exercised without reference to anything else. There are many rights that are contingent upon circumstances. Man, for example, has a right to marry. But what of those who are impotent or who cannot find anyone to marry? The right is a right in the abstract and not necessarily in any given concrete situation. Furthermore, even in a Catholic confessional state there is a certain religious liberty, that is, a liberty to privately exercise one’s non-Catholic faith, to meet corporately but privately with one’s co-religionists. This is a real liberty, occasioned by the “dignity of the human person,” but also restricted within “the just requirements of public order.”

But what of the second limitation on religious freedom found within <Dignitatis Humanae> itself?

Usually the supposed contradiction in Church teaching on religious liberty is seen as a conflict between earlier papal teaching and <Dignitatis Humanae>. But if the text of <Dignitatis Humanae> is taken seriously this is not so. <Dignitatis Humanae> states, as I quoted above, that it “leaves intact the traditional Catholic teaching on the moral duty of . . . societies toward the true religion and the one Church of Christ.” The moral duty of societies toward the true faith and Church, however, is precisely those propositions found in the traditional papal teaching supposedly at variance with <Dignitatis Humanae>. In other words, if an interpretation of the declaration is insisted upon that conflicts with Gregory XVI, Pius IX, <et al,> then <Dignitatis Humanae> conflicts with itself, for, as I just quoted, the earlier teaching, far from being changed, is explicitly left intact. If we keep this in mind when reviewing the declaration, we will see that the common interpretation, although at first glance seemingly obvious, must be based on a misunderstanding. Probably <Dignitatis Humanae> was intended to be irenic, and perhaps some of its framers wanted to change the teaching, but as Fr. Most points out, “we must confine ourselves to what the writer succeeded <in setting down on paper explicitly.>”15 No one will deny that <Dignitatis Humanae> says what it says in a curious way, but I think I have shown that one need not read it in such a way that it conflicts with former teaching.

I have tried to give full weight to the plain meaning of all the texts I have discussed, within the constraints imposed by logic and revealed truth. <Dignitatis Humanae> turns out to be a much more complicated document that usually supposed, but, when carefully examined, not in disagreement with what seems to be the previous teaching of the ordinary magisterium on the question of religious liberty.

In one way, this is mostly reasonable. One can understand the implications of the various statements to be mostly or even entirely consistent. The problem would be that this does not necessarily mean that the doctrine justifying these practices is the same, as I said regarding the statements on toleration and on immunity from coercion.

Storck however is probably putting undue weight on the statement that Dignitatis Humanae “leaves intact the traditional Catholic teaching.” Simply asserting that I am not contradicting myself, does not necessarily meant that I am not contradicting myself in fact. On the other hand, it is reasonable to read the teachings of the Church with as much truth and consistency as possible, just as one should in conversation with others.

However, Storck is going too far in the claim that it is necessary “to demonstrate that the Church has never changed any point of its magisterial teachings nor can she.” Fr. Brian Harrison and Orestes Brownson both claimed that if the Church changes any teaching, then Catholicism is necessarily false. Storck does not go this far, but he says that we must avoid admitting a change because we cannot admit that any teaching might be changed in the future. But there is a similar problem: both claims require something like a list of unchangeable teachings, and as we suggested a few days ago, no such list exists.

Yesterday we saw the teaching of Pope Leo X that it is moral to burn heretics. And since he calls the whole list of condemned propositions “against Catholic truth,” and says that “according to these errors, or any one or several of them, it clearly follows that the Church which is guided by the Holy Spirit is in error and has always erred,” one could easily understand him to be saying that his teaching is a definitive statement of the kind Harrison and Brownson are concerned with, such that changing that teaching would imply that Catholicism is false.

Of course, it is not necessary to read it in that way, but it is not impossible. In any case, his opinion is clear, and is an area where the Church has in fact changed her opinion. Nor is it reasonable to say that the Church believes that it is now wrong to burn heretics, but that it was not wrong in the past. The current belief is a universal one: thus for example Pope Francis commented a few days ago, “There were terrible times between us. Just think of the persecutions, among we who have the same baptism. Think of all the people who were burned alive.”

As we said earlier, there is necessarily a vague line between a substantial change in doctrine, and a development of doctrine. And while it would never be reasonable to call a contradiction as such a development, it might well be that the development of one doctrine might require contradicting an opinion on another matter. In this sense, a Catholic interpretation of this history would be that the Church has developed its understanding of humanity and freedom, and this development required changing its opinion on various details such as whether or not it is moral to burn heretics.

And indeed, as Storck says, and as I suggested a few days ago, this does mean that one should admit that other doctrines might change in various respects, and that the exact extent of this possibility is unknown.

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2 thoughts on “Religious Freedom

  1. […] I touched on this earlier when discussing the suggestion of Leo XIII that it is easy to see that Catholicism is true. If this is taken to apply to the real world in any concrete way, he is mistaken, and this in fact would be the claim that Pascal says is obviously wrong and obviously not the Church’s claim. On a very similar topic, Newman says: […]

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