Lynch 1

I. Research Question

My research question considers the universal relationship between church and state. I

evaluate how religions hand over politics influences the human rights afforded to a nations

citizens. This is a critical topic for consideration because there is not a universally accepted

division between church and state. Specifically, this paper explores the divergence between faith-

based and secularized democracies, by investigating their human rights disparities within the

public sphere. Ultimately, how are fundamental human rights implemented differently in nations

that firmly divide church and state and those that do not?

II. Literature Review

Religions Role in Gay Marriage Violates Separation of Church and State

Geoffrey Stone, Professor of Law at the University of Chicago, analyzes Proposition 8,

the Supreme Courts outlawing of same-sex marriage in California. He criticizes the enactment

as a serious threat to a free society committed to the principle of separation of church and state

(Stone), highlighting the gaps in the American Constitution that allowed Proposition 8 to be

administered. The enactment of Proposition 8 is especially useful in developing my research

question because it illustrates how modern policies can be motivated by religious prejudices.

According to Stone, Proposition 8 merged the divide between religion and state, as its majority

supporters Evangelicals and weekly attendants of church - attempted to impose their religious

standards onto the entire countrys marital rights, regardless of individually practiced religions

(n.p.). This specific example relates to my research question, as it considers one of the

fundamental human rights the right to marriage and family promised by North Americas

secularized democracy. Does this violation set a precedent for future democratic entanglements
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between religion and the government in a country that guarantees complete religious freedoms to

its citizens?

Iran Needs Separation of Mosque and State, Rights Activist Says

This article expounds the viewpoint of a human rights activist - Monireh Baradaran - who

was jailed for nine years for opposing Irans religious regime. She reflects, the mix of state and

religion in modern Iran provides the Islamic Republic with the pretext for the most violent forms

of political suppression in the name of religion. What is happening in Iran today is in the context

of crimes against humanity (Iran Needs Separation of Mosque and State, Rights Activist

Says). The Iranian national government has mandated Islam as the official state religion and

strictly prohibits conversion from Islam, exemplifying the breaches that can arise when political

endeavors are guided by religious backbones. As Baradaran mentions, the Islamic Republic

revokes citizens fundamental human rights on a faith-based rationale, only guaranteeing

equality, no subjection to torture, and freedom of thought to citizens under certain institutions

(Iran Needs Separation of Mosque and State, Rights Activist Says). To support my research

question, it is essential to determine how government-mandated religions are incorporated into

their respective political verdicts, in order to judge their criteria for warranting human rights.

Separation of Church and State: A Case Study of Mynamar (Burma)

Pum Za Mang has earned her PhD in systematic theology and offers an alternate

perspective concerning the optimal relationship between the church and state, particularly in the

context of the Southeast Asian country, Myanmar. While Myanmar does not employ an official

state religion, the nation is currently governed by a single-party military regime denying social
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justice, political liberty, religious freedom, human rights, and democratic principle (Mang 42).

Mangs position encourages a novel outlook of my proposed question - it is not the entanglement

of the church and state that threatens Myanmars commitment to human rights; in fact, it is the

opposite. The regimes statutes require the separation between church and state, and the

subjection of church to the state (Mang 44). Consequently, there is no opportunity for religious

influence over policy. In the specific instance of Myanmar, Mang deduces that a liaison would

generate a social movement for political freedom, social justice, ethnic equality, democratic

regime, religious liberty, and just peace (Mang 45). Her thought-provoking thesis causes me to

re-examine the components of my research question and the interdependence of the church and

the state. In certain political contexts, the absolute severance of church and state may actually be

the source of the exploitations.

Politics, Religion and Human Rights. Assumptions of the Cosmopolitan Democracy

The foundation of this article assumes that the separation between religion and politics in

the Cosmopolitan Democracy is imperative in order to achieve a real democracy of a world

focused on peace and respect for human rights (David 235). However, this write-up

acknowledges a previously overlooked consideration for the connection between church and

state. According to David, 97% of Romanian citizens claim themselves as religious and 86% of

its population reveres the church in their highest faith of trust (240). An explanation of this

immense trust is divulged as the author contemplates, For a society it can appear just or correct

to impose to others by force that societys values in which it believes, only because people trust

them and it is sure they are good and rightReligion is still used by the system to control the

masses (David 237). This notion seems to overlook the circumstances in which religion
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successfully subjects its followers to total obedience. Ones comfort in religious reliance is often

resultant of existential insecurities. Nonetheless, Romanians trust the Orthodox Church to uphold

their human rights in political affairs. Dorin Davids piece is valuable towards my research

question because it proposes that some populations may support the entanglement of religion and

politics because of their unwavering ties to their denominations.

The Religion-State Relationship in Europe

Rik Torfs, Editor of the European Journal for Church and State Research, authors the

expansive deliberation of the religion-state relationship throughout Europe. Despite their

differences in church and state separations, the evaluated European countries in this article

share some specific values and approaches that indicate a somewhat coherent European model

(Torfs 16). From strict separations to mandated practices, these nations promise their citizens

cannot be denied access to public office because of his religious conviction or adherence. But if

his religious involvement leads to the non-observance of the law or to inadequate job

performance, measures against him can be taken (Torfs 17). Does this limited promise

constitute as inclusive religious freedom? Does it unconditionally promote human rights? This

example is important to consider because it confirms that Democratic governments still impose

boundary conditions on their religious freedoms in ways that favors political advancements.

Torfs article effectively assesses the loopholes present in current Democracies that raise the

question does the firm division between church and state actually assure the full advocacy for

and implementation of fundamental human rights?

III. Preliminary Hypothesis

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I believe state-mandated religions directly undermine a democracys sanction of human

rights to its citizens. Moreover, state rulings guided by religion manifest prejudices that

compromise ones entitlement to the fundamental rights promised to all human beings. To

validate my preliminary hypothesis, I am juxtaposing European democracies pledging absolute

religious freedoms - Germany, France, and New Zealand - with those endorsing government-

mandated institutions Finland, Greece, Israel, and Armenia. My hypothesis contends that the

nations exercising the latter allocate less human rights to their residents because their

combinations of church and state hinder their abilities to make secularized decisions to protect

the rights of everyone, regardless of religious affiliation.

IV. Research Design

To effectively measure the disparate democratic principles, I will collect political

statistics from each nation, relative to The Universal Declaration of Human Rights. For example,

I will compile same-sex legislations from the examined governments to determine the

proportions of citizens granted Article 16, the right to marry and find a family. Similarly, I will

record the rankings from the World Press Freedom Index to discern a nations fulfillment of

Article 19, the right to freedom of opinion and expression. Finally, I will investigate public

education curriculums to judge a nations protection of Article 26, the right to education.

V. Argument

Under a fully-secularized administration, decisions are guided for the good of all citizens.

Further, the primary goal of these governments is to maintain the safety and prosperity of a

united nation. On the other hand, under a religiously-mandated administration, decisions are

guided for the good of citizens under certain religious practices. Undoubtedly, an endorsed
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religion flourishes under a state protecting its beliefs, as the primary goal is to maintain the

favored institutions standing and control over policy. The product of monopolized religious

power is the exclusion and exploitation of marginal denominations. The unity of a nation

crumbles when religion becomes a constitutive element of citizenship (Stern n.p.). Thus,

human rights are unjustly apportioned.

Every nation examined in this inquiry is a member state of the United Nations General

Assembly. Accordingly, all member states should abide by the General Assemblys 1948

Declaration of a common standard of achievements for all peoples and nations (United Nations

General Assembly n.p.). My hypothesis evaluates how these governing bodies uphold three

primary components of the United Nations Declaration of Human Rights the right to marry

and find a family, the right to freedom of opinion and expression, and the right to education.

VI. Evidence

The Right to Marriage and Family (Article 16)

The United Nations Declaration of Human Rights pledges the right to marry and create a

family to all men and women of legal age. The sole mentioned criteria for entering a marriage is

that the free and full consent of the intending spouses is present (United Nations General

Assembly Article 16). Evidently, this right does not asses the validity of a marriage based upon

gender. Thus, Article 16 does not forbade same-sex marriage on a global scale.

Nonetheless, civil marriages are not acknowledged as legitimate unions under Israels

Judaic-mandated democracy (Sucharov n.p.). Under Israeli law, marriage of Jewish couples is

conducted by religious courts based on Jewish law, and is controlled by the orthodox-

monopolized rabbinate, which does not recognize same-sex marriage (Gross 15). This

restriction exemplifies the rights violations present in non-secularized democracies. By requiring

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a marriage ceremony to be conducted in an anti-gay religious setting, Israel is entirely excluding

its homosexual population of their birthright to marry. The involvement of Jewish policies

throughout the Israeli democracy is the principle defense of this inhumane limitation to ones

right to marry based upon sexual orientation.

While discrimination against the LGBT community in Finland has since been deemed

illegal, homosexuality was criticized as an illness punishable by imprisonment until the late

twentieth century (LGBT Rights in Finland n.p.). The Finnish democracys unceasing alliance

with the Evangelical Lutheran Church delayed its legalization of same-sex unions until February

2015 (Pew Research Center n.p.). Despite this progressive recognition, Finnish legislators

stopped short of letting lesbian and gay couples adopt children or use the same surname (The

World n.p.). The Evangelical Lutheran Churchs condemnation of same-sex parenting directly

influenced this restriction upon a homosexual couples right to create a family through adoption

in Finland. Presently, upholding Lutheran principles continues to hinder the Head of

Governments ability to enact secularized rulings to benefit the whole nation, free of religious

pressures from the Church.

Unlike Israel and Finland, France has solidified itself as secularized democracy, recently

signing into law the authorization of gay and lesbian couples to adopt children. This is an

important juxtaposition with Finlands policies that prohibit adoptions by same-sex partners. The

bill has drawn especially strong criticism from French Catholic leaders, but Frances

Constitutional Council upholds ones right to family, courtesy of the democracys

uncompromising separation of church and state (Pew Research Center n.p.). Catholic beliefs

exercise no influence over policies impacting all French citizens. This unwavering severance
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guarantees all people of France universal human rights, with no boundary conditions of religious

homophobia.

The Right to Freedom of Opinion and Expression (Article 19)

The oppressive environment in which journalism is practiced in Greece is evidenced in

the World Press Freedom Index, as Greeces ranking has steeply declined during the past five

years (Reports Without Borders n.p.). In January 2014, Philippos Loizos was charged with

habitual blasphemy and offense of religion for his satirical mocking of a deceased Orthodox

monk on Facebook (Bureau of Democracy, Human Rights, and Labor 5). Loizos right to hold

opinions without interference and to seek, receive, and impart information and ideas through any

media and regardless of frontiers was trespassed upon with his arrest, motivated by the Greek

Orthodox Churchs disapproval of his message (United Nations General Assembly Article 19).

Because the Orthodox Church continues to receive the largest amount of direct support from the

government, it exercises the highest degree of religious control over political procedure (Bureau

of Democracy, Human Rights, and Labor 5). Greeces political sentiment towards the Facebook

post is directly correlated with its partnership with the Orthodox Church, exemplifying the

unavoidable oppression elicited by religiously-mandated democracies.

Conversely, New Zealand has recently risen into the top 10 of the Press Freedom

Index, supporting a record of strong action in protecting the freedom of the press (Sheffield

n.p.). Under New Zealands 1990 Bill of Rights Act, Section 14 guarantees, Everyone has the

right to freedom of expression, including the freedom to seek, receive, and impart information

and opinions of any kind in any form (Sheffield n.p.). If Loizos parody had been posted in New

Zealand, his standpoint would have gone unpunished. The 27-year-old scientists sentence
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highlights the long-standing cooperation with and protection of the Greek Orthodox Church

under Greeces Democracy.

The Right to Education (Article 26)

Frances public school system was founded in 1882 upon the principles of compulsory

and free schooling in a lacit environment. However, Rgis Debray emphasizes that the time

has come to go from an approach to secularism which ignores religion [laicite dincompetence,

in which religion does not concern us] to one which promotes knowledge about it [laicite

dintelligence, in which it is our duty to understand it] and encourages the education of religious

facts in secularized classrooms (Ppin 70). Frances template for religious education is

unpartisan and nondiscriminatory.

Incompatibly, Armenian public education fails to maintain the same neutral approach to

religious instruction in the public sphere. Courses focused on the Armenian Apostolic Church are

mandatory components of the states curriculum and no alternatives are offered to students of

other religious denominations (Armenia 2013 International Religious Freedom Report 3). The

Apostolic Church exercises a heavy hand in developing the course syllabi, discerning the

appropriate textbooks, and appointing suitable teachers (Armenia 2013 International Religious

Freedom Report 3). The Center of Collaboration for Democracy condemns the curriculums

partisan influence on the belief system of the church rather than on its history (Armenia 2013

International Religious Freedom Report 4). Irrefutably, the state-mandated courses have been

found to promote hate speech towards other denominations with the intent to proselytize students

(Armenia 2013 International Religious Freedom Report 4).

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There is a clear divergence between teaching religion and teaching about religion

(Anti-Defamation League n.p.). Undermining public education programs entitlements of all

children in a nation with religiously-biased courses violates the United Nations standards of

education that promote understanding, tolerance and friendship among all nations, racial or

religious groups (United Nations General Assembly Article 26). The Armenian Apostolic

Church is undoubtedly at fault for this human rights infringement, as it fervently dictates the

cultural and political conduct of the public schooling system (Kharatyan 79).

VII. Alternative Explanations/ Outstanding Issues

Scholars may oppose my evidence by counterbalancing my claim with beneficial

political-religious relations. Specifically, one may underline the Protestant Work Ethic.

Protestants nurture the values of hard work, thrift, and honesty; the by-product of their devout

labor ethics is economic gain. Indisputably, this is a positive correlation.

Nonetheless, objectors must consider the voluntary essence of the Protestant Work Ethic.

This religious virtue is independent from any political affiliations bound to a national

government. Compliance and participation is fully noncompulsory. For this reason, the

guidelines of the Protestant Work Ethic are independent from the government-mandated religions

mentioned in this inquiry. To compare, government-mandated institutions are obliged by law and

incessantly exploit minority groups, but the Protestant Work Ethic is an individual endeavor of

personal gain and betterment. While a religious-political alliance may manifest the potential to

benefit an entire community, it is the means in which the alliance is ordered or controlled that

may threaten human rights.

VIII. Conclusion
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Conservative religious denominations advocate restrictions on civil liberties within the

public sphere, motivated by their hyper-commitment to their fundamentals of moral absolutism.

My accumulation of human rights statistics defends my hypothesis, highlighting the abusive

divergence between European democracies pledging absolute religious freedoms with those

endorsing government-mandated institutions. While religious virtues can positively enhance

ones work ethic or prosocial behavior on an individual standing, a similar coalition on a federal

level infringes upon the universal human rights promised to all human beings. My argument and

evidence enforce that, although religious practice is an essential right in and of itself, it manifests

the dangerous potential to threaten its partnering liberties. To safeguard the success of an entire

nation, religious authority in the political sphere should be prohibited.

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Bureau of Democracy, Human Rights, and Labor. 2014 International Religious Freedom Report.

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