I apologize for skimming the past few salvoes of posts between TheHammer and Thanas/Broomstick, but time presses and I wanted to directly reply to Thanas' direct response to me, and to one of Broomstick's earlier posts:
Thanas wrote:Simon_Jester wrote:If separation of church and state does not exist, religious freedom is an endangered species.
This is false. See for example Britain.
There is a difference between 'endangered' and 'extinct.'
I did not say that if there is no separation of church and state, then there
can never be religious freedom.
By using the word 'endangered,' I said that if there is no separation of church and state, then religious freedom is in a position where it could be destroyed more readily.
Britain's established church succeeded in oppressing other Christian sects within Britain for centuries. Even today, the antidisestablishmentarians in Britain have a well-entrenched position. Now, the Anglican Church has nonetheless withdrawn from a lot of its oppressive conduct over the past century and a half. But the fact that Britain has an official national church entwined with the state does
not provide additional security for members of other religions who are trying to avoid persecution.
Likewise, if the basic paradigms of religious freedom in central Europe haven't been seriously re-examined since the 16th century (Augsburg) or 17th century (Westphalia), one would expect that there would be some significant defects in the system.
They have been, the formation of the new constitutions since 1945 took them into extent, there is also plenty of debate about it in judicial circles.
Then it would seem appropriate to cite the post-1945 constitution, not the Westphalian policy consensus, as the root of current Austrian policy on the matter.
If you wish to defend entwinement of church and state on the grounds that it is traditional and part of a longstanding, evolving process, fine... but in that case the past remains open to criticism.
1) While it does not guarantee state abuse of its power to influence religious institutions, it makes such abuse easier to accomplish.
No, it doesn't. See below for why.
2) Having all clergy on the state payroll may ensure that they do not preach sedition or urge their followers to commit felonies... but it also discourages them from speaking out on perceived social injustices at all. The power to sign a man's paycheck can very easily be used to silence him, even when no abuse of power is intended.
No it does not, for the state has no power to touch the salaries. It can touch the salaries even less than it can touch market economy salaries.
3) This institution creates a major obstacle to any new religions that begin to spread in the nation. Essentially, the one or few 'established' faiths of the nation get a major advantage over any new arrivals, because there are official legal advantages to being one of the established faiths. This is over and above any unofficial advantage the established religions enjoy because they have a larger number of supporters in the general public.
This is true but please note that Austria has always made the attempt to make faiths feel welcome...
I acknowledge this freely. And I sincerely hope that Austria continues to go out of its way to do so. But that is a policy
choice on the Austrian government's part, so long as it is a matter of policy whether to treat new religions generously.
Whereas when a new religion's right to open houses of worship, organize itself into parishes or their equivalent, pay clergy, and so on are
automatic and unquestioned, it is not a matter of choice; it is a matter of certainty.
...So I don't see that much of a concern and it is not as if the state moves to suppress other religions. There is no inquisition. And like this law shows, if there are enough adherents to a faith, Austria will move to it.
In my view, the reason we have rights at all, as opposed to simply having state policies, is to ensure that the rights continue to have a legal existence even when the state feels they have become troublesome.
If the right is protected only by the good judgment of the state, then it is not a right- it is the state exercising good judgment. The Austrian government will hopefully exercise good judgment in the future.
But, being an American, I have learned not to rely on the good judgment of my government. I have watched governance in my nominally democratic nation decay from competence to idiocy to deadlock. There are certain things that I am
very glad my congressional 'representatives' have no power to screw up... and so I am a believer in the merits of absolute rights that are secure from state meddling.
Now, in the US system, preaching murder is covered separately; churches can lose their tax-exempt status for engaging directly in politics, though that law is sometimes not enforced properly. Inciting people to commit crimes is illegal whether you do it in a religious institution or not.
As it is in Europe no matter the state. But in Europe being a priest of the supported Churches means one has to pass state examinations, that is where the control part comes in. (And before you go on about a faceless commission checking the qualities of priests, please don't. You just would look hilarious.)
Since I do not know who is customarily appointed to the examination boards, I cannot say. I have no doubt they are appointed in a fair and proper way.
Hopefully, this will continue to be true.
I
really really wish I still had the ability to trust that a democratic government which exercises good judgment today, and acts fairly today, will continue to do so indefinitely. Unfortunately, I was disillusioned of that around the age of sixteen, and have never gotten my naivete back on that issue.
The US system is obviously not the only system that would work... but it does work. While the US has innumerable political problems, including religious fundamentalist voters, it does not actually have major ongoing problems with religious leaders stirring up waves of terrorism. Despite having a fair number of religious extremists, mostly evangelical Protestants.
It doesn't? Waco, YFZ, Jonestown (not in the US but still perpetrated by US citizens) and the radical far right all look to be far more radical and far more dangerous than anything produced under this Austrian system.
Waco was not an act of terrorism by the religious fanatics in question. Nor were the events of the YFZ ranch, nor was the mass suicide at Jonestown.
I did not say the American system prevents weird cults from emerging, and damaging their own members. I we don't really have a problem with domestic religious
terrorism.
Now, it seems that separately from this, you argue that the Austrian system of vetting clergy prevents such weird cults from existing. As I said, that is a separate argument, and you might well be able to counter my point with it successfully. That merits more thought on my part than I have time for at the moment, and I hope you will forgive me for taking a little more time before trying to research the (lack of) the history of strange cults in Austria.
My position is simply that there is no reason to make it a state decision whether to have or not have imams in a given area. If the imam's followers are willing to support them, let them do so; otherwise, there is no need for the state to become involved.
Nobody is stopping them from paying for their own religious leaders to come and preach - like say, in a hall that they rent and transform into a temple. All this does is say who can claim state funds for support.
So what are the advantages of being a state-approved religious organization, then?
My first post in this thread has them.
So, these advantages are enjoyed only by religious groups led by those clergy approved by the state to preach, at the locations approved by the state for funding out of the general tax funds, in a manner consistent with the state's guidelines on liturgical language and political content.
Just to make sure I understand you...
This does not strike you as an obstacle to the free expression of religion, correct?
The first of my allegedly 'hair-on-fire' posts is simply an attempt to sum up and reply to what you yourself said- that the state has the right to decide not to pay clergy to operate in a given area.
No, that is a misunderstanding on your part. Immans have a right to be paid. If they meet the provisions of the law, it is automatic with the state not being allowed to say no. If they don't meet the provisions, then they don't qualify in the first place. The state cannot just pick and chose who to pay and who not to pay.
And, based on what you say later, the state does
not reserve the right to disqualify clergy.
This is the key issue. If the salaries of the clergy come out of general tax money, that gives them leverage over the clergy.
No, because as I wrote later (which you missed or ignored) the state cannot just declare not to pay them. The salaries are fixed and cannot be changed. Not even by general budget cuts. Once you get the license and fulfil the requirements of the law (also fixed) to get a post, you will then draw a salary. Your license can only be revoked by:
- the church
- you being convicted of a serious crime
I believe I did miss some of this.
Although in that case, this undermines the idea that paying the clergy out of state coffers ensures their loyalty and willingness to help integrate their parishioners. The clergy can't be independent and dependent at the same time; if their compliance is not assured, then their compliance cannot be assured.
The Roman Catholic Church has the resources to get such an agreement. The Islamic sects, which are as a rule less centralized, may not be able to do that.
The law takes the two most prominent of such organizations and gives them equal status to the RCC. Which again, was pointed out several times in this thread.
And the third-most prominent such organization? The fourth? What about, say, Sufi mystics?
I genuinely do not know what overarching organizations exist among Austrian Muslims, or for that matter among minority Christian sects, or for that matter among Hindus, Buddhists, and so on.
One of the reasons I am not a fan of the Austrian model is that it seems to be based around the idea that the number of meaningful religions is a relatively small number, and that any religions or sects not included on that list don't deserve the same kind of infrastructural support as the 'big boys.'
While this can exclude dangerous or violent cults, it can also exclude harmless ones, or even ones that are persecuted in other lands.
If the state's power to fund or not fund the salaries of clergy does not give them power to influence those clergy... why does the state bother to do so?
Because priests are seeing having a net positive role in the communities and us being godless Eurocommies mean we actually pay people to do good in the communities. Oh and we want our priests to be able to resist commands from wealthy donors.
I have never been a fan of the "Europeans are communists" stereotype; the phrase "years of lead" means too much to me.
I understand the logic; my main concern is not so much with the public funding of churches as such, as with the fact that the power to decide who deserves funding translates
very well into the power to decide which religions deserve to have a meaningful existence in Austria,
if the state sees fit to exercise that power.
Are you saying the Austrian government enacted this policy even though there was no advantage for them?
There are several advantages pointed out to you several times in this thread. Yet you don't even post them. Why is that?
Integration.
Mutual respect.
Independence from fundamentalist organizations.
Making muslims feel welcome.
Etc. pp.
I really don't see how you can deny these obvious advantages.
I don't. My point is, one cannot say "this lets us stop bad Muslim sects from gaining influence in the country" and "this doesn't act to prohibit sects the state disapproves of" at the same time. Those are mutually exclusive positions.
Besides, if there were no advantages at all (but there are) then shouldn't Austria be praised for doing a good thing anyways?
If the act is an unambiguous good, then the Austrian model is an excellent model.
I do not feel the issue of whether it is an unambiguous good, a mixed good, or a risky thing that's worked out so far, is settled.
Broomstick wrote:This is analogous to to "minority religions" in the US. Anyone can open a store front and call it a church, but getting tax-empt status, marriage officiation privileges for the clergy, and some other perks requires quite a bit more than simply "I declare myself a minister". Sometimes a surprising amount of work based on my experience in NeoPaganism in the 1980's-90's
If an American doesn't think the state and church are linked in the US, or that the state and church don't interfere with each other, you aren't paying attention. Laws that prohibit selling alcohol (or other things) on Sundays are a direct influence of the church(es) on the legal system. The state deciding who does and doesn't have tax exempt status. And so forth. Those raised Christian or still Christian are particularly blind to this linkage in the US but those of us outside the "Christian norm" do see it, and often feel it.
At no point have I argued that the separation of church and state is absolute in the US, or anywhere else. It is purely a matter of degree. That degree varies from nation to nation.
My argument is that the Austrian model is probably taking it too far.
I do not think it would be doing neopagans a favor, for instance, if Episcopalian pastors could get their salaries paid by the IRS's revenues, but pagan priestesses could not.
Right - because suppression of non-Christian religions has never happened in the US.... oh wait...
Seriously, you wouldn't want a little more oversight of the FLDS? Some mechanism where they can't just waive their placard saying "FIRST AMENDMENT" and get away with old men raping young girls and calling it "marriage"?
Personally, I do not think that the First Amendment should cover that anyway.
Also, the issue of whether religions should be allowed to flout laws because of their religious belief isn't quite the same as the issue of whether their clergy should be state-paid and required to pass state-mandated examinations.
The US certainly does favor some religions over others, and those favored religions to wield power to affect laws and other secular parts of life. Then the US turns around and declares it has some sort of "pure" separation of the two institutions. No, it doesn't. That might be the theory but the practice doesn't reflect it at all well.
I have not claimed that the US's separation is "pure." It is closer to the theoretical extreme of "pure" separation than Austria is, if only because the US government doesn't directly pay the salaries of the ministers of its favored churches. But that is a difference of degree.
Broomstick wrote:TheHammer wrote:In my mind, true religious freedom would mean that while there are laws that everyone must adhere to. You shouldn't need to legitimize a religion in order to afford it protections because with properly formed laws, it would already be protected.
Then I would argue the US should abolish the tax-exempt status of all religions as it confers and unfair advantage for those religions able to secure that privilege.
As long as religions are allowed to register as nonprofits (if they act like nonprofits) or charities (if they act like charities), I for one am amenable to this.