Ontario Man Charged with Witchcraft Fraud

The Toronto Star has a story on an Ontario man named Gustavo Valencia Gomez who has been charged with the rare offence of fraudulently practising witchcraft.  According to the story, Gomez is alleged to have persuaded a 56-year-old woman that she was under a curse and that her children were in grave danger.  Allegedly, Gomez received more than $ 14,000 from the woman for a serious of spiritual interventions involving elaborate rituals to remove the curse.

The Canadian Criminal Code retains a provision specifically directed to witchcraft and fortune telling, and I think the provision raises some very interesting issues relating to freedom of religion that I hope to write about some time in the future.

"Ordered Universes: Approaches to the Anthropology of Religion"

Morton Klass, Ordered Universes: Approaches to the Anthropology of Religion (Boulder: Westview Press, 1995)

Klass' book will be primarily of interests to anthropologists, but it's written clearly enough to be accessible to those outside of that discipline.  Much of the book is taken up with terminological issues: how should we approach, or define, concepts like "religion", "supernatural", "myth", and "magic"?  Much of the intra-disciplinary wrangling on these issues has little to do with law and religion generally, but Klass' emphasis on the constant need for neutrality and the avoidance of ethnocentrism is extremely valuable.  Legal issues such as what constitutes a religion for tax exemption, what constitutes a religious practice for constitutional protection, and whether "witchcraft" or fortune-telling can be prosecuted as fraud all involve definitional issues in which legal scholars need to be extremely careful not to bring their cultural baggage with them.

Blasphemy Charges Dropped Against Christian Girl in Pakistan Accused of Burning the Qur'an

Religion Clause Blog has a post about an Islamabad court dropping the blasphemy charges against Rimsha Masih, a Christian girl accused of burning the Qur'an.  The story became a high-profile one, made more dramatic by accusations that a Muslim cleric attempted to frame the girl.

Blasphemy Prosecution Against "Corpus Christi" Launched in Greece

Volokh Conspiracy has a post about a prosecution for blasphemy launched recently against the actors, producer, and director of the popular American play "Corpus Christi."  The play, which features a gay Jesus, provoked demonstrations outside the theater where it was to be performed in Athens and has been cancelled.

Religion Provisions of the Maldives Constitution (2008)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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The 2008 Maldives Constitution is the foremost example of so-called "theocratic constitutionalism."  An established religion, Islam, permeates the text through and through, affecting everything from citizenship to capacity to hold public office to rights and more.

Maldives Constitution 2008

Established Religion

Article 2.  The Maldives is a sovereign, independent, democratic Republic based on the principles of Islam

10. (a) The religion of the State of the Maldives is Islam. Islam shall be the one of the basis of all the laws of the Maldives

(b) No law contrary to any tenet of Islam shall be enacted in the Maldives

16. (a) This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this Constitution.

19. A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised by law.

27. Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.

67. The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility

of every citizen:

(g) to preserve and protect the State religion of

Islam,

70. (a) The legislative authority of the Maldives shall be vested in the People’s Majlis.

(b) The law making powers of the People’s Majlis pursuant to article (a), includes the following powers:

2. the enactment of legislation with regard to any matter, or the amendment or

repeal of any law, which is not inconsistent with any tenet of Islam;

(c) The People’s Majlis shall not pass any law that contravenes any tenet of Islam.

90. (a) No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to

any tenet of Islam.

100. (a) The People’s Majlis, by a resolution, may remove the President or the Vice President from office only on the grounds of:

1. direct violation of a tenet of Islam, the Constitution or law;

142. The Judges are independent, and subject only to the Constitution and the law. When deciding matters on which the Constitution or the law is silent, Judges must

consider Islamic Shari’ah.

Religious Limitations

9(d) Despite the provisions of article (a) a non-Muslim may not become a citizen of the

Maldives.

73. (a) A person elected to be a member of the People’s Majlis shall be so qualified if he:

1. is a citizen of the Maldives;

2. is not a citizen of a foreign country;

3. is a Muslim and a follower of a Sunni

school of Islam;

109. A person elected as President shall have the following qualifications:

(a) be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country;

(b) be a Muslim and a follower of a Sunni school of Islam;

130. (a) A person shall be qualified to be a member of the Cabinet if he:

1. is a citizen of the Maldives;

2. is not a citizen of a foreign country;

3. is a Muslim and a follower of a Sunni school of Islam;

149. (b) In addition to the qualifications specified in article (a), a Judge shall possess the following qualifications:-

1. be a Muslim and a follower of a Sunni school of Islam;

Religious Education

36(c)  Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people.

Miscellaneous

274.  “tenet of Islam” means, the Holy Qur’an and those principles of Shari’ah whose provenance is not in dispute from among those found in the Sunna of the Noble Prophet, and those principles derived from these two foundations;

“Islamic Shari’ah” means, the Holy Qur’an and the ways preferred by the learned people within the community and followers of the Sunnah in relation to criminal, civil, personal and other matters found in the Sunna;

Ceremonial Deisms

Schedule 1

1. OATH OF OFFICE OF PRESIDENT

I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.

2. OATH OF OFFICE OF VICE PRESIDENT

I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of Vice President honestly and faithfully in accordance with the Constitution and laws of the

Republic of Maldives.

3. OATH OF OFFICE OF MEMBERS OF THE CABINET

I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities entrusted to me by the President and my duties and responsibilities as Cabinet Minister/ Attorney General

honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.

4. OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S MAJLIS

I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge my duties and responsibilities as a member of the People’s Majlis honestly and faithfully in accordance with the Constitution and the laws of the Republic of Maldives.

5. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES

I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution and the laws of the Republic of Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Chief Justice/ Judge honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.

6. OATH OF OFFICE OF MEMBERS OF INDEPENDENT COMMISSIONS AND

INDEPENDENT OFFICES

I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives, that I will bear true faith and allegiance to the Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Auditor General/

Prosecutor General/ membership of the Elections Commission/ membership of the Judicial Service Commission/ membership of the Human Rights Commission/ membership of the Civil Service Commission/ membership of the Anti-Corruption Commission honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.

Religion Provisions of the Madagascar Constitution

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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The Madagascar Constitution of 2010 presents a very strong and specific Establishment Clause.  Rough translations are mine.

Madagascar Constitution 2010

Preamble

Affirmant sa croyance au Dieu créateur  ["affirming belief in God as creator"]

Establishment Clause

Article 3.- Le Peuple Malagasy constitue une Nation organisée en Etat souverain, unitaire, républicain et laïc.  ["The people of Madagascar constitute a nation organized into a State that is sovereign, unified, republican, and secular."]

Article 4.- L’Etat affirme sa neutralité à l’égard des différentes religions. ["The State affirms neutrality towards different religions."]

La laïcité de la République repose sur le principe de la séparation des affaires de l’Etat et des institutions religieuses et de leurs représentants.  ["The secularity of the Republic rests on the principle of the separation of the affairs of the State and of religious institutions and their representatives."]

L’Etat et les institutions religieuses s’interdisent toute immixtion dans leurs domaines respectifs. ["The State and religious institutions are completely forbidden to mix in their respective domains."]

L’Etat ne subventionne ni ne finance les institutions religieuses. ["The State shall neither subsidize nor finance religious institutions."]

Aucun Chef d’Institution ni membre de Gouvernement ne peuvent faire partie des instances dirigeantes d’une Institution religieuse, sous peine d’être déchu par la Haute Cour Constitutionnelle ou d’être démis d’office de son mandat ou de sa fonction.  ["No Department Head or member of Government can take part in the leadership of a religious institution, under penalty of being removed by the High Constitutional Court or of being stripped of office, mandate, or function."]

Equal Protection of Religion

Article 8  Tous les individus sont égaux en droit et jouissent des mêmes libertés fondamentales protégées par la loi sans discrimination fondée sur le sexe, le degré d'instruction, la fortune, l'origine, la race, la croyance religieuse ou l'opinion.["All individuals are equal before the law and enjoy the same fundamental liberties protected by law without discrimination based on sex, education, wealth, nationality, race, religious belief, or opinion."]

Religious Freedom

Article 13.- Les libertés d'opinion et d'expression, de communication, de presse, d'association, de réunion, de circulation, de conscience et de religion sont garanties à tous et ne peuvent être limitées que par le respect des libertés et droits d'autrui, et par l'impératif de sauvegarde de l'ordre public, de la dignité nationale et de la sécurité de l’Etat.  ["The liberties of opinion and expression, of communication, of the press, of association, or assembly, of publishing, of conscience, and of religion are guaranteed to everyone and cannot be limited except for the need to respect the rights and liberties of others, the urgent maintenance of public order, national dignity, or national security."]

Miscellaneous

Article 53.- Les fonctions de Président de la République sont incompatibles avec toute fonction publique élective, toute autre activité professionnelle, toute activité au sein d'un parti politique et de l’exercice de responsabilité au sein d’une institution religieuse.  ["The functions of the President of the Republic are incompatible with . . . the exercise of responsibility for the care of a religious institution."]

Toute violation des dispositions du présent article, constatée par la Haute Cour Constitutionnelle, constitue un motif d’empêchement définitif du Président de la République.  ["Every violation of the restrictions of this section constitute grounds for permanent impeachment of the President of the Republic by the High Constitutional Court."]

Religion Provisions of the Libyan Interim Constitution of 2011

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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Below are the religion provisions of the 2011 Interim Constitution authored by the Transitional National Council.  It creates Islam as the established religion of the country, while still purporting to guarantee freedom of religion for worshippers of other faiths.  Note that this document may have been superseded.

Libyan Interim Constitution 2011

--authored by Transitional National Council

Preamble

In the Name of God, the Merciful, the Compassionate

can bring up the new generations according to the Islamic spirit

Established Religion

Article 1:  Islam is the Religion of the State and the principal source of legislation is Islamic Jurisprudence (Shari'a).

Religious Freedom

Article 1:  The State shall guarantee for non-Moslems the freedom of practicing religious rituals

Equal Protection Religion

Article 6  Libyans shall be equal before the law. They shall enjoy equal civil and political rights, shall have the same opportunities, and be subject to the same public duties and obligations, without

discrimination due to religion, doctrine, language, wealth, race, kinship, political opinions, and social status, tribal or eminent or familial loyalty.

Ceremonial Deisms

Article 7  The State shall endeavor to promulgate new charters which shall honor the human being as being God's successor on Earth.

Article 19  The President of the Interim Transitional National Council shall take oath before the Council and the members of the Interim Transitional National Council shall take oath in the following formula :

“I swear by Almighty God to carry out the duties of my job honestly and truthfully, to remain

faithful to the goals and principles of the Interim Transitional National Council in Libya, to

respect the constitutional charter and internal statutes thereof, to look after the interests of the

Libyan people in full and to safeguard the independence, security and unity and territorial

integrity of the motherland."

"Obstruction of Justice by Religion"

1 Frank Swancara, Obstruction of Justice by Religion: A Treatise on Religious Barbarities of the Common Law, and a Review of Judicial Oppressions of the Non-Religious in the United States (1936) (Chapter XVII: "Blasphemy Laws in the United States" and Chapter XVIII "Some Alleged 'Reasons' for Blasphemy Laws")

Swancara's discussion of blasphemy laws in the United States is an interesting one.  From his perspective, those States which adopted the common law of England after the Revolution adopted a form of blasphemy law from Woolston's Case (1729) which was much broader than later English common law doctrine would permit.  Because of the unrelated doctrine that courts could not modify the adopted common law, Swancara suggests that U.S. courts were "stuck" with the early version of blasphemy law that did not incorporate the "decencies of controversy" test developed in England in the 1800s.  It's not clear to me, however, whether this line of thought actually impacted judgments in American courts.  Beyond the common law, Swancara provides a very good discussion of American statutory prohibitions on blasphemy, dating as far back as Massachusetts in 1641 and up to the time the book was published.  Swancara's discussion of blasphemy laws concludes with a critical examination of the purported reasons for banning irreligious speech.  This interesting, little known work could be very useful for scholars researching the history of American blasphemy prohibitions.

Religion Provisions of the Constitution of Kyrgyzstan

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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The 2010 Constitution of Kyrgyzstan has the three mainstays of liberal constitutionalism in the area of religion: a strong establishment clause, equal protection of religion, and religious freedom.

Establishment Clause

Article 1

1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, democratic, secular, unitary and social

state governed by the rule of law.

Article 7(2) . Religion and all cults shall be separated from the state.

Article 7(3). The involvement of religious associations and ministers of religion in the activity of

state authorities shall be prohibited.

Equal Protection of Religion

Article 16(2)  No one may be subject to discrimination on the basis of sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, proprietary and other status as well as other circumstances

Religious Freedom

Article 32

1. Everyone shall be guaranteed freedom of conscience and belief.

2. Everyone shall have the right to confess individually or jointly with other persons any religion

or not to confess religion.

3. Everyone shall have the right to freely choose and have religions and other convictions.

4. No one may be forced to express his/her religious and other convictions or deny them

U.S. Film Causes Worldwide Protests

Much has already been written about the protests in at least twenty countries caused by online dissemination of a film made in the United States that has offended many Muslims.  The New York Times has a good commentary here, while Eugene Volokh of The Volokh Conspiracy has a well-written post about why suppressing such "blasphemous" speech would have negative results here.

Religion Provisions of the Constitution of Kosovo (2008)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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Here we have passages from the Constitution of Kosovo.  It has a robust assortment of rights relating to freedom of religion, equal protection, and state neutrality.  Article 9, stating that the Republic "ensures the preservation and protection of its cultural and religious heritage" is an unusual one and I'm unsure what measures it would authorize.

Kosovo Constitution (2008)

Establishment Clause

Article 8 [Secular State]

The Republic of Kosovo is a secular state and is neutral in matters of religious beliefs.

Miscellaneous

Article 9 [Cultural and Religious Heritage]

The Republic of Kosovo ensures the preservation and protection of its cultural and religious

heritage.

Equal Protection Religion

Article 24(2)  No one shall be discriminated against on grounds of race, color, gender, language,

religion, political or other opinion, national or social origin, relation to any community,

property, economic and social condition, sexual orientation, birth, disability or other

personal status.

Religious Freedom

Article 38 [Freedom of Belief, Conscience and Religion]

1. Freedom of belief, conscience and religion is guaranteed.

2. Freedom of belief, conscience and religion includes the right to accept and manifest

religion, the right to express personal beliefs and the right to accept or refuse membership

in a religious community or group.

3. No one shall be required to practice or be prevented from practicing religion nor shall

anyone be required to make his/her opinions and beliefs public.

4. Freedom of manifesting religion, beliefs and conscience may be limited by law if it is

necessary to protect public safety and order or the health or rights of other persons.

Article 39 [Religious Denominations]

1. The Republic of Kosovo ensures and protects religious autonomy and religious

monuments within its territory.

2. Religious denominations are free to independently regulate their internal organization,

religious activities and religious ceremonies.

3. Religious denominations have the right to establish religious schools and charity

institutions in accordance with this Constitution and the law.

Article 59.  Members of communities shall have the right, individually or in community, to:

(1) express, maintain and develop their culture and preserve the essential elements of

their identity, namely their religion, language, traditions and culture;

Miscellaneous

Article 58(5). The Republic of Kosovo shall promote the preservation of the cultural and religious heritage of all communities as an integral part of the heritage of Kosovo. The Republic of Kosovo shall have a special duty to ensure an effective protection of the entirety of sites

and monuments of cultural and religious significance to the communities.

Relevant Posts on Religion Clause Blog

It's been a busy couple of weeks and I haven't managed to update this blog, but here's some links to some very interesting posts on blasphemy and secularism on Howard Friedman's always-excellent Religion Clause Blog:

*  Atheist parents in Ontario have a hearing before the province's Human Rights Tribunal on a claim of religious discrimination.  The parents were refused permission by a school to distribute a book on free-thought to 5th grade students in the same way that Gideon Bibles are distributed (here).

*  In Russia, Orthodox Christian activists vandalized Moscow's Erotic Art Museum (here).

* French tourists were convicted and given suspended sentences under a Sri Lankan law prohibiting insults to religion.  The tourists had taken photos of themselves pretending to kiss Buddha statutes (here).

* Pakistan arrested an illiterate Christian girl for blasphemy, but the country's Prime Minister called for caution in applying the laws and for a full investigation of the incident.  Accounts differ, but according to some reports the girl is 11 or 12 years old, may suffer from Down's Syndrome, and inadvertently burned some pages of the Qur'an along with some other papers (here).

Fortune-telling Ban Struck Down in Louisiana

According to Religion Clause Blog, a U.S. Federal District Court has declared unconstitutional a municipal ordinance in Alexandria, New Orleans that banned "palmistry, card reading, astrology, fortune telling, [and] phrenology."  The city argued that the ban was a regulation of commercial speech intended to prohibit fraud, but the Court (acting on the recommendations of a magistrate) found that the plaintiff's public tarot card reading (done for voluntary donations) was protected by the First Amendment.

Religion Provisions of the Kenyan Constitution (2010)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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The Constitution of Kenya contains an establishment clause, a guarantee of equal protection of religion, and a guarantee of freedom of religion, but it also contains an interesting provision that allows for Muslims' legal rights in several areas to be determined by special courts.

Preamble

We, the people of Kenya—

ACKNOWLEDGING the supremacy of the Almighty God of

all creation

GOD BLESS KENYA

Establishment Clause

8. There shall be no State religion

Miscellaneous

24(4).  The provisions of this Chapter on equality shall be qualified to

the extent strictly necessary for the application of Muslim law before the

Kadhis’ courts, to persons who profess the Muslim religion, in matters

relating to personal status, marriage, divorce and inheritance.

170. (1) There shall be a Chief Kadhi and such number, being

not fewer than three, of other Kadhis as may be prescribed under an

Act of Parliament.

(2) A person shall not be qualified to be appointed to hold or act

in the office of Kadhi unless the person—

(a) professes the Muslim religion; and

(b) possesses such knowledge of the Muslim law applicable to

any sects of Muslims as qualifies the person, in the opinion of

the Judicial Service Commission, to hold a Kadhi’s court.

(3) Parliament shall establish Kadhis’ courts, each of which shall

have the jurisdiction and powers conferred on it by legislation, subject

to clause (5).

(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and

such of the other Kadhis (not being fewer than three in number) as may

be prescribed under an Act of Parliament, shall each be empowered to

hold a Kadhi’s court having jurisdiction within Kenya.

(5) The jurisdiction of a Kadhis’ court shall be limited to the

determination of questions of Muslim law relating to personal status,

marriage, divorce or inheritance in proceedings in which all the parties

profess the Muslim religion and submit to the jurisdiction of the Kadhi’s

courts.

91(2) A political party shall not—

(a) be founded on a religious, linguistic, racial, ethnic, gender

or regional basis or seek to engage in advocacy of hatred on

any such basis;

Equal Protection of Religion

27(4)  The State shall not discriminate directly or indirectly against

any person on any ground, including race, sex, pregnancy, marital status,

health status, ethnic or social origin, colour, age, disability, religion,

conscience, belief, culture, dress, language or birth.

Religious Freedom

32. (1) Every person has the right to freedom of conscience,

religion, thought, belief and opinion.

(2) Every person has the right, either individually or in community

with others, in public or in private, to manifest any religion or belief

through worship, practice, teaching or observance, including observance

of a day of worship.

(3) A person may not be denied access to any institution,

employment or facility, or the enjoyment of any right, because of the

person’s belief or religion.

(4) A person shall not be compelled to act, or engage in any act,

that is contrary to the person’s belief or religion.

Ceremonial Deism

Second Schedule:  (b) The National Anthem

 O God of all creation

Bless this our land and nation.

Third Schedule:  NATIONAL OATHS AND AFFIRMATIONS

OATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF

THE PRESIDENT/ACTING PRESIDENT AND THE DEPUTY

PRESIDENT

I, ………...............................................……. , in full realisation

of the high calling I assume as President/Acting President/ Deputy

President of the Republic of Kenya, do swear/solemnly affirm that I

will be faithful and bear true allegiance to the Republic of Kenya; that

I will obey, preserve, protect and defend this Constitution of Kenya, as

by law established, and all other laws of the Republic; and that I will

protect and uphold the sovereignty, integrity and dignity of the people

of Kenya. (In the case of an oath–– So help me God.)

Religion Provisions of the Constitution of Iraq

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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Here we have one of the most studied new constitutions in the past decade, the Constitution of Iraq.  This is one of those interesting documents that purports to strongly establish a single religion while simultaneously guaranteeing individual religious freedom.

Preamble

In the name of God, the Most merciful, the Most compassionate

We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon our land the first law made by man was passed, and the oldest pact of just governance was inscribed, and upon our soil the saints and companions of the Prophet prayed, philosophers and scientists theorized, and writers and poets excelled;

Acknowledging God’s right over us

Established Religion

Article 2:

First: Islam is the official religion of the State and is a foundation source of

legislation:

A.     No law may be enacted that contradicts the established provisions of Islam

Article 10  The holy shrines and religious sites in Iraq are religious and civilizational entities. The State is committed to assuring and maintaining their sanctity, and to guaranteeing the free practice of rituals in them.

Article 12 (Second)  A law shall regulate honors, official holidays, religious and national

occasions and the Hijri and Gregorian calendar.

Article 92(Second)  The Federal Supreme Court shall be made up of a number of judges,

experts in Islamic jurisprudence, and legal scholars, whose number, the method of

their selection, and the work of the Court shall be determined by a law enacted by

a two-thirds majority of the members of the Council of Representatives.

Religious Freedom

Article 2 (Second):  This Constitution guarantees the Islamic identity of the majority of the

Iraqi people and guarantees the full religious rights to freedom of religious belief

and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans

Article 37 (Second): The State shall guarantee protection of the individual from intellectual,

political and religious coercion.

Article 41:

Iraqis are free in their commitment to their personal status according to their religions,

sects, beliefs, or choices, and this shall be regulated by law.

Article 42:

Each individual shall have the freedom of thought, conscience, and belief.

Article 43:

First: The followers of all religions and sects are free in the:

A- Practice of religious rites, including the Husseini rituals.

B- Management of religious endowments (waqf), their affairs, and their

religious institutions, and this shall be regulated by law.

Second: The State shall guarantee freedom of worship and the protection of places

of worship.

Equal Protection of Religion

Article 14:

Iraqis are equal before the law without discrimination based on gender, race, ethnicity,

nationality, origin, color, religion, sect, belief or opinion, or economic or social status.

Ceremonial Deism

Article 50:

Each member of the Council of Representatives shall take the following constitutional

oath before the Council prior to assuming his duties:

“I swear by God Almighty to carry out my legal duties and responsibilities with

devotion and integrity and preserve the independence and sovereignty of Iraq, and

safeguard the interests of its people, and ensure the safety of its land, sky, water,

wealth, and federal democratic system, and I shall endeavor to protect public and

private liberties, the independence of the judiciary, and pledge to implement

legislation faithfully and neutrally. God is my witness.”