Celebrating the 50th Anniversary of Dignitatis Humanae November 6, 2015 Notre Dame Law Review Annual Symposium Religious Liberty & the Free Society

and Restrictions on Religion Religious Majorities Brett G. Scharffs Francis R. Kirkham Professor of Law, Associate Dean for Faculty and Curriculum, Associate Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University

1. Government / Laws 2. Social Hostilities 3. Religion (dominant national religions) The analysis considers restrictions on religious freedom arising from three interrelated sources: Source: Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

39% of the world’s countries have high or very high restrictions on religious freedom* These 39% of countries include more than three-fourths (77%) of the world’s population* 77% 19% 4% 39% 31% 30% Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data for High/very high totals given in report. Moderate and low data % calculated from 2012 comparison.

Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data for High/very high totals given in report. Moderate and low data % calculated from 2012 comparison. YEARS ENDING JUN JUN JUN JUN DEC DEC DEC %30% 31%37% 40% 43%39% High or Very High Restrictions Moderate Low

YEARS ENDING JUN JUN JUN JUN DEC DEC DEC %67% 70%75% 74% 76%77% High or Very High Restrictions Moderate Low Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data for High/very high totals given in report. Moderate and low data % calculated from 2012 comparison.

Very High SCORES 6.6 AND HIGHER China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore High SCORES FROM 3.6 TO 7.1 Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Vietnam Algeria Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya United Arab Emirates Ethiopia Romania Germany Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore Very High High Moderate Low Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Muslim Buddhist (Orthodox) Christian Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Christian (mixed) Muslim Buddhist Unaffiliated

Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Christian (mixed) Hindu Jewish Muslim Buddhist

Christian (mixed) Folk religions Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Very High SCORES 7.2 AND HIGHER Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt Central African Republic Iraq Kenya High SCORES FROM 3.6 TO 7.1 Turkey Georgia China Germany Sweden Bosnia-Herzegovina Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Very High High Moderate Low Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden Bosnia-Herzegovina Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden BIH Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia

Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Christian (mixed) Hindu Jewish Muslim

Buddhist Christian (mixed) Muslim * Nigeria is evenly divided between Christian (49.3%) and Muslim (48.8%). Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Christian Hindu Buddhist Muslim

Christian (mixed denomination) Folk Religions Unafilliated Muslim Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 *The religious balance in Bosnia and Herzegovina is approximately 52% Christian and 45% Muslim.

Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Very High High Dominant religious group less than 70% Dominant religious group greater than 70% China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany

Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Very High Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden BIH Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia High Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden BIH Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Dominant religious group less than 70% Dominant religious group greater than 70%

Catholic majority countries  Something very different

Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December

Moderate Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011

Low Moderate Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011

Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December

Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 High Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011

High Moderate Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011

High Moderate Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011

Very High High Moderate Low Countries where Catholic population is 70%+Moderate and Low Restrictions

Very High High Moderate Low Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Countries where Catholic population is 70%+ High, Moderate, and Low Restrictions

Government / Legal Restrictions on Religion Very High Legal Restrictions 14 out of 18 Countries have Dominant Religious Group 70% + High Legal Restrictions 30 out of 36 Countries have Dominant Religious Group 70% + Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Religious Minorities & Restrictions None of these Countries has a Catholic Majority

Social Hostilities / Restrictions on Religion High Social Restrictions 30 out of 36 Countries have Dominant Religious Group 70% + Very High Social Restrictions 14 out of 17 Countries have Dominant Religious Group 70% + Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Religious Minorities & Restrictions None of these Countries has a Catholic Majority Two of these Countries have a Catholic Majority

1.Religion as a limitation on religious freedom For those of us who care about freedom of thought, conscience, and belief, and who believe in the positive contributions of religion in general, the high correlations between religious majorities and restrictions on FORB is rather sobering and discouraging. 2.Religious resources in defense of religious freedom It is likely to be within religious traditions themselves that we will find the most persuasive reasons in favor of religious freedom Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015

Pope Pius VI (1791, 1794) Pope Gregory XVI (1832) Pope Pius IX (1865) Pope Leo XIII (1892, 1900)  200 (or even 100) years ago, if you asked, “What is the most powerful institution on earth opposed to religious freedom?” Your answer may well have been, The Catholic Church. Before Vatican II

 Pope Pius VI (1791) “After creating man in a place filled with delectable things, didn’t God threaten him with death should he eat the fruit of the tree of good and evil? And with this first prohibition didn’t He establish limits to his liberty? … Where then, is this liberty of thinking and acting that the Assembly grant? Is this invented right not contrary to the right of the Supreme Creator ….? This inflated equality and liberty, therefore, are for him … no more than imaginary dreams and senseless words to man in society as an indisputable natural right?” Brief Quod aliquantum, March 10, 1791

Before Vatican II  Pope Gregory XVI (1832,1844): “And from this most putrid font of indifferentism flows that absurd and erroneous view, or rather insanity, that liberty of conscience should be asserted and claimed for just anyone.” Mirari vos, August 15, 1832 “Experience shows that there is no more direct way of alienating the populace from fidelity and obedience to their leaders than through that indifference to religion propagated by the sect members under the name of religious liberty.” Inter Praecipuas (# 14), May 8, 1844

Before Vatican II  Pope Pius IX (1865): "No indeed (as someone, perhaps inadvertently, has represented Us as saying) for "the liberty of conscience, which is an equivocal expression too often distorted to mean the absolute independence of conscience and therefore an absurdity in reference to a soul created and redeemed by God."

Before Vatican II  Pope Leo XIII (1892): “Every familiarity should be avoided, not only with those impious libertines who openly promote the character of the sect, but also with those who hide under the mask of universal tolerance, respect for all religions, and the craving to reconcile the maxims of the Gospel with those of the revolution. These men seek to reconcile Christ and Belial, the Church of God and the state without God.” Custodi Di Quella Fede (# 15), December 8, 1892

Before Vatican II  Pope Leo XIII (1900): “ A power greater than human must be called in to teach men's hearts, awaken in them the sense of duty, and make them better. This is the power which once before saved the world from destruction when groaning under much more terrible evils. Once remove all impediments and allow the Christian spirit to revive and grow strong in a nation, and that nation will be healed. The strife between the classes and the masses will die away; mutual rights will be respected. … The world has heard enough of the so-called "rights of man." Let it hear something of the rights of God. Tametsi Futura Prospicidentibus, November 1,1900

Freedom of Religion and Belief  But, if before Vatican II, the Catholic Church as an institution was powerfully opposed to religious freedom...  In the 50 years since Vatican II, the Catholic Church has probably become the most influential institution on earth in defense of religious freedom. Before Vatican IIAfter Vatican II

ON THE RIGHT OF THE PERSON AND OF COMMUNITIES TO SOCIAL AND CIVIL FREEDOM IN MATTERS RELIGIOUS PROMULGATED BY HIS HOLINESS POPE PAUL VI ON DECEMBER 7, 1965 Dignitatis Humanae

Vatican II: Dignitatis Humanae  Pope Paul VI : “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.” Declaration on Religious Liberty Dignitatis Humanae, paragraph 2

Vatican II: Dignitatis Humane  "The Council … declares that the right to religious freedom has its foundation in the very dignity of the human person.... This right to religious freedom is to be recognised in the constitutional law whereby society is governed. Thus it is to become a civil right.” Declaration on Religious Liberty Dignitatis Humanae, paragraph 2

 Pope Benedict XVI: "The Catholic Church is eager to share the richness of the Gospel’s social message, for it enlivens hearts with a hope for the fulfillment of justice and a love that makes all men and women truly brothers and sisters in Christ Jesus. She carries out this mission fully aware of the respective autonomy and competence of Church and State. Indeed, we may say that the distinction between religion and politics is a specific achievement of Christianity and one of its fundamental historical and cultural contributions.“ Papal Address to the Philippine Ambassador, October 27, 2008 After Vatican II: Benedict XVI

… [R]eligious liberty, by its nature, transcends places of worship and the private sphere of individuals and families. Because religion itself, the religious dimension, is not a subculture; it is part of the culture of every people and every nation.” Meeting for Religious Liberty with the Hispanic Community and Other Immigrants, September 26, 2015 After Vatican II: Francis  Pope Francis: “[Religious freedom] is a fundamental right which shapes the way we interact socially and personally with our neighbors whose religious views differ from our own. … Religious freedom certainly means the right to worship God, individually and in community, as our consciences dictate.

Religious resources for religious freedom  Freedom of thought, conscience and belief is most likely to be promoted when dominant religious groups find within their own religious traditions the resources and arguments in defense of freedom, conscience, and human dignity.  Many religious traditions, including Orthodox Christian, Muslim, Buddhist, and Hindu can look to the experience of the Catholic Church for insight and guidance.

and Restrictions on Religion Religious Majorities Brett G. Scharffs Francis R. Kirkham Professor of Law, Associate Dean for Faculty and Curriculum, Associate Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University With thanks for assistance with this presentation to Donlu D. Thayer Senior Editor, International Center for Law and Religion Studies, BYU Law School