Author Archives: Mark L. Movsesian

Good-Bye to All That?

A report in last week’s Telegraph suggests that British Christianity is declining more rapidly than previously understood. Initial reports about the 2011 census showed the number of people in England and Wales who describe themselves as Christians had fallen by 10 percent since 2001. But it turns out those figures included Christian immigrants, such as Polish Catholics and African Pentecostals. When one looks only at the native born, the percentage of people who describe themselves as Christians has fallen by an even greater amount–by 15% in the space of one decade. The decline is particularly pronounced among the young. At this rate, the Telegraph predicts, Christianity could become a minority religion in Britain within the next decade.

These numbers have worrisome implications for the future of the Established Church. In a country where only a minority is willing to describe itself as Christian, what would be the basis for maintaining state Christianity? A spokesman for the Church of England admits the census numbers present a challenge, but notes that recent attendance figures have been stable, and that the committed core “of the faithful remains firm.” Maybe so, but state churches, almost by definition, need to draw support from society as a whole, not only the people who attend every Sunday. Perhaps those respondents who said they weren’t Christians nonetheless think the established church serves a useful social function and want it to endure. But maybe not.

Panel on Islamic Law and the Arab Spring (June 4)

In Washington on June 4, the Law Library of Congress will host a panel, “The Role and Impact of Islamic Law in Transitioning Arab Spring Countries”:

The panel, led by moderator Mary-Jane Deeb, Chief of the African and Middle Eastern Division, will discuss the role of Shari’a law in the recent and ongoing constitutional drafting processes of Egypt, Tunisia and Libya. The discussion will also concentrate on the broader impact of Islamic law on the legal systems of Arab Spring states, looking particularly at personal status issues. Other points of discussion will include the compatibility of Shari’a law and human rights, and some of the challenges facing women and minorities in transitioning Arab Spring countries.

The distinguished panel will include Nathan J. Brown, Professor of Political Science and International Affairs at the Elliot School of International Affairs at the George Washington University; Lama Abu-Odeh, Professor of Law at Georgetown University Law Center; and Issam Saliba, Senior Foreign Legal Specialist at the Law Library of Congress.

Details are here.

Shalev, “American Zion”

From the beginning, America identified strongly with Israel. I don’t mean the 9780300186925modern state–although America identifies with that, too–but with the Israel of the Old Testament. Americans of the founding period certainly saw things this way. Just think of all those Old Testament names on Puritan gravestones in New England. Even Thomas Jefferson, no orthodox believer, looked to the Old Testament in designing a  Great Seal of the United States. Jefferson’s proposal, never adopted, was for a depiction of the “children of Israel in the wilderness, led by a could by day and a pillar of fire by night.” 

A recent book by Haifa University historian Eran Shalev, American Zion: The Old Testament as a Political Text from the Revolution to the Civil War (Yale 2013) discusses this history, which continues to have ramifications today. The publisher’s description follows:

The Bible has always been an integral part of American political culture. Yet in the years before the Civil War, it was the Old Testament, not the New Testament, that pervaded political rhetoric. From Revolutionary times through about 1830, numerous American politicians, commentators, ministers, and laymen depicted their young nation as a new, God-chosen Israel and relied on the Old Testament for political guidance.

In this original book, historian Eran Shalev closely examines how this powerful predilection for Old Testament narratives and rhetoric in early America shaped a wide range of debates and cultural discussions—from republican ideology, constitutional interpretation, southern slavery, and more generally the meaning of American nationalism to speculations on the origins of American Indians and to the emergence of Mormonism. Shalev argues that the effort to shape the United States as a biblical nation reflected conflicting attitudes within the culture—proudly boastful on the one hand but uncertain about its abilities and ultimate destiny on the other. With great nuance, American Zion explores for the first time the meaning and lasting effects of the idea of the United States as a new Israel and sheds new light on our understanding of the nation’s origins and culture during the founding and antebellum decades.

 

UK Supreme Court Decides Important Ministerial Employment Case

Yesterday, the UK’s Supreme Court decided an important ministerial employment case, President of the Methodist Conference v. Preston. In many respects, Preston tracks the US Supreme Court’s recent ministerial exception case, Hosanna-Tabor, though the British case does not refer to Hosanna-Tabor and doesn’t explicitly address church autonomy concerns.

In Preston, a Methodist minister sought relief under UK employment law for unfair dismissal. The question turned on whether Preston was an “employee” for purposes of the law, which, in turn, depended on whether she worked for the church under a “contract of employment.”  By a 4-1 vote, the Supreme Court held that she did not.

In the past, Lord Sumption’s opinion explained, UK cases drew a bright line between clergy, who were understood to hold offices of an essentially spiritual nature, and mere employees. But these rulings depended on “social instincts” that do not obtain in today’s more “secular and regulated context.” Today, the question turns on the precise terms that govern a minister’s employment. In other words, the UK courts must apply what Americans would recognize as a “neutral principles of law” approach. Courts must look at the terms of a minister’s employment in light of the surrounding circumstances to see what the parties reasonably intended.

Here, Lord Sumption wrote, the context made plain that Methodist ministers like Preston are not contractual employees. Preston had no contract with the church; her employment was governed completely by the church’s constitution. Her ordination, conferred by the laying on of hands, was understood to be a lifelong covenant. Her stipend was not seen as consideration for her work, but as a subsidy to allow her to serve the Lord. In short, by its terms, ministry in the Methodist Church was “a vocation, by which candidates submit themselves to the discipline of the church for life.” No special circumstances in Preston’s case altered this conclusion.

In its insistence on looking to the particular circumstances of a plaintiff’s employment, Preston echoes the flexible approach to the definition of minister that one sees in Hosanna-Tabor. Unlike the American court, though, the British court didn’t much address the underlying church autonomy values that ministerial exceptions serve. In large part, this reticence results from the different texts the courts were construing. Preston is a straightforward statutory question without constitutional implications; Hosanna-Tabor, by contrast, depends on an understanding of the Free Exercise and Establishment Clauses of the First Amendment.

(H/t: Law & Religion UK).

Six Years and 300 Lashes

According to reports in the Arab media and Reuters, Saudi Arabia has convicted a Lebanese man of “evangelism” and sentenced him to six years in prison and 300 lashes. According to reports, the man, an Evangelical Christian, converted a Saudi woman in her 20s to Christianity and spirited her out of the country to Lebanon. The Saudi Gazette notes that the man had the woman’s personal belongings sent ahead of her to Lebanon, thus proving that “he had planned out the whole thing and premeditated the woman’s conversion to Christianity.” Not only conversion, but premeditated conversion! The case has been a cause celebre in Saudi Arabia, where proselytism is illegal and converting from Islam to another religion is a capital offense.

Harper, “From Shame to Sin”

Culture and law have a mutually-reinforcing relationship. Cultural transformation typically promotes legal change, and legal change often speeds up cultural transformation. A good example is the sexual revolution of the 1960s. As the revolution became mainstream, it put pressure on family law concepts that had been based on traditional Christian sexual ethics. And changes in family law have  no doubt accelerated the weakening of traditional Christian sexual morality.

Next month, Harvard University Press will publish a book that describes another cultural transformation that had an effect on law: the movement from pagan to Christian sexual ethics that occurred in late antiquity. In some ways, this seems the mirror image of what is happening today. As Christian values displaced the pagan sexual ethic, Roman law changed as well. Doubtless, pagan traditionalists grumbled about the revolution, just as religious traditionalists grumble today. It’s a good reminder that history doesn’t really move in a one-way direction.

The book is From Shame to Sin: The Christian Transformation of Sexual Morality in Late Antiquity by Kyle Harper (University of Oklahoma). Here’s the publisher’s description:

When Rome was at its height, an emperor’s male beloved, victim of an untimely death, would be worshipped around the empire as a god. In this same society, the routine sexual exploitation of poor and enslaved women was abetted by public institutions. Four centuries later, a Roman emperor commanded the mutilation of men caught in same-sex affairs, even as he affirmed the moral dignity of women without any civic claim to honor. The gradual transformation of the Roman world from polytheistic to Christian marks one of the most sweeping ideological changes of premodern history. At the center of it all was sex. Exploring sources in literature, philosophy, and art, Kyle Harper examines the rise of Christianity as a turning point in the history of sexuality and helps us see how the roots of modern sexuality are grounded in an ancient religious revolution.

While Roman sexual culture was frankly and freely erotic, it was not completely unmoored from constraint. Offending against sexual morality was cause for shame, experienced through social condemnation. The rise of Christianity fundamentally changed the ethics of sexual behavior. In matters of morality, divine judgment transcended that of mere mortals, and shame—a social concept—gave way to the theological notion of sin. This transformed understanding led to Christianity’s explicit prohibitions of homosexuality, extramarital love, and prostitution. Most profound, however, was the emergence of the idea of free will in Christian dogma, which made all human action, including sexual behavior, accountable to the spiritual, not the physical, world.

Iqbal, “The Reconstruction of Religious Thought in Islam” (Stanford edition)

This month, Stanford University Press will publish a new edition of a famous  series of essays by the twentieth-century Pakistani intellectual Mohammad Iqbal, The Reconstruction of Religious Thought in Islam. First published in the 1930s, the essays have had a major impact on contemporary Muslim thought. This version contains an introduction by Javed Majeed of King’s College, London. The publisher’s description follows:

The Reconstruction of Religious Thought in Islam (1930) is Muhammad Iqbal’s major philosophic work: a series of profound reflections on the perennial conflict among science, religion, and philosophy, culminating in new visions of the unity of human knowledge, of the human spirit, and of God. Iqbal’s thought contributed significantly to the establishment of Pakistan, to the religious and political ideals of the Iranian Revolution, and to the survival of Muslim identity in parts of the former USSR. It now serves as new bridge between East and West and between Islam and the other Religions of the Book. With a new Introduction by Javed Majeed, this edition of The Reconstruction opens the teachings of Iqbal to the modern, Western reader. It will be essential reading for all those interested in Islamic intellectual history, the renewal of Islam in the modern world, and political theory of Islam’s relationship to the West.

Is the US Selling Out the Middle East’s Christians?

Elizabeth Prodromou, a former Vice Chair of the US Commission on International Religious Freedom, or USCIRF, has some harsh words for the commission’s annual report, issued last month. Prodromou sharply criticizes USCIRF and the entire US foreign policy team for ignoring human rights violations endured by Orthodox Christians in the Middle East.

For example, Prodromou complains that neither the US Administration nor USCIRF (an independent agency) has issued a statement about the kidnapping in Syria last month, most likely by Islamists in the opposition, of two Orthodox bishops. The kidnapping of two bishops sends an ominous message to Syria’s Christians, and Prodromou is outraged that the US did not see fit to introduce a Security Council resolution condemning the kidnapping. Russia, she notes, did introduce such a resolution.

I share Prodromou’s outrage about what is happening to Christians in Syria, most of whom are Orthodox, and her frustration at the West’s lack of attention to the problem. (This lack of attention is nothing new; the last US administration seemed more or less indifferent to the plight of Iraq’s Christians). But I’m not sure that official American statements would help the situation. Perversely, official expressions of concern from the outside often increase the danger for Christians in the Middle East. When Pope Benedict spoke about the obvious mistreatment of Copts a while ago, for example, Egypt withdrew its Vatican ambassador in protest. Things have not improved for the Copts since.

Moreover, it’s not plain how much credibility US government statements have in Syria at the moment. The US has worked itself into a situation in which neither of the major players in the conflict, neither Assad nor the Islamists who dominate the opposition, have an incentive to listen to what the US says. I’m not suggesting the US and the West should ignore the plight of Syria’s Christians and leave them to their fate; not at all. I mean only that official statements, without the wherewithal to back them up, do little, and often backfire.

Prodromou is on firmer ground when she criticizes the USCIRF report’s about-face on Turkey. Last year’s USCIRF report declared Turkey a “country of particular concern,” or CPC, a designation that signified that Turkey had an especially problematic record on religious freedom. This year’s report upgrades Turkey’s status from a CPC to a country that merely warrants monitoring. But, Prodromou notes, there hasn’t been any appreciable improvement of the situation for Orthodox Christians (and other religious minorities) in Turkey over the last year:

By the USCIRF’s own report in 2013, Halki [a famous Greek Orthodox seminary] remains shuttered 42 years after its closing and 10-plus years into the Erdogan era; there has been no overhaul of the property rights regime used to economically disenfranchise the country’s Orthodox Christian citizens and strip Orthodox foundations of their lands, so that the USCIRF characterized random returns of property, as in the case of forest lands around Halki returned to the Ecumenical Patriarchate, as “commendable” but “not codified by law.”  The 2013 USCIRF report also cited rising fear amongst Armenian Orthodox citizens of Turkey, because of hate crimes committed against members of their community, the most grotesquely emblematic case being that of an 84-year-old Armenian woman who was murdered in her Istanbul home with a cross carved into her chest.  The Commission obliquely commented that the “Turkish local police promptly launched investigations into three cases, but it is not known if any arrests have been made connected to any of these incidents.”

It does seem very strange that a country could go from being a “country of particular concern” to one merely “worth watching” in the space of a year, especially a country with Turkey’s spotty religious-freedom record. In fact, four commissioners dissented from USCIRF’s decision. USCIRF shouldn’t have named Turkey as a CPC in the first place, the dissenters wrote, but, having made that decision, USCIRF is now making the opposite mistake. “We believe that Turkey has not shown nearly enough improvement in addressing religious freedom violations over the past year to justify its promotion to the status of a country that is merely being monitored,” they explained. The dissenters would have placed Turkey in an intermediate category–among “Tier 2″ religious freedom violators, in the parlance of USCIRF.

You can read Prodromou’s entire post here.

Meddeb, “Islam and the Challenge of Civilization”

In classical Islam, the Muslim community, or umma, is both a spiritual and political entity, the body of believers that lives, but also rules, by God’s law. Obviously, this conception of Islam is in some tension with contemporary Western pluralism. Lately, some Muslim scholars in the West–Abdullahi An-Na`im and Tariq Ramadan, for example–have offered conceptions of Islam that separate the spiritual from the political. These progressive versions fit better with Western ideas about citizenship, but have encountered resistance from tradition-minded Muslims.

Next month, Fordham University Press will publish a translation of a new book by one such scholar, Abdelwahab Meddeb (University of Paris-Nanterre). Meddeb’s book, Islam and the Challenge of Civilization, looks for inspiration to the Sufi tradition. The publisher’s description follows:

Abdelwahab Meddeb makes an urgent case for an Islamic reformation, located squarely in Western Europe, now home to millions of Muslims, where Christianity and Judaism have come to coexist with secular humanism and positivist law. He is not advocating “moderate” Islam, which he characterizes as thinly disguised Wahabism, but rather an Islam inspired by the great Sufi thinkers, whose practice of religion was not bound by doctrine.

To accomplish this, Meddeb returns to the doctrinal question of the text as transcription of the uncreated word of God and calls upon Muslims to distinguish between Islam’s spiritual message and the temporal, material, and historically grounded origins of its founding scriptures. He contrasts periods of Islamic history—when philosophers and theologians engaged in lively dialogue with other faiths and civilizations and contributed to transmitting the Hellenistic tradition to early modern Europe—with modern Islam’s collective amnesia of this past. Meddeb wages a war of interpretations in this book, in his attempt to demonstrate that Muslims cannot join the concert of nations unless they set aside outmoded notions such as jihad and realize that feuding among the monotheisms must give way to the more important issue of what it means to be a citizen in today’s postreligious global setting.

Ahdar & Leigh, “Religious Freedom in the Liberal State”

This week, Oxford University Press publishes a new edition of Religious Freedom in the Liberal State, by Rex Ahdar (Otago) and Ian Leigh (Durham). The publisher’s description follows:

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen.

Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of ‘religion’; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy.

This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.