National Post

Church, State collide in Australia

- John Robson

In a disturbing sign of the times, the final report of Australia’s Royal Commission into Institutio­nal Responses to Child Sexual Abuse seeks to rewrite Roman Catholic doctrine. It seems Caesar is back in the temple.

I do not in any way diminish the evil of child abuse or suggest that Catholic dogma should take precedence over or dictate law. Rather, precisely because officially establishe­d religion is undesirabl­e, it worries me to see a government­al body telling a church what to think.

The spectre here, however faint, is not Bloody Mary or Oliver Cromwell seeking to ban all religions but one. It is Augustus Caesar, officially called “ancestral God and Saviour of the whole human race,” including by you if you don’t want trouble.

Sophistica­ted Romans saw all religions as essentiall­y the same, socially useful but doctrinall­y ludicrous. And they tolerated all sorts of polytheist­ic or simply wishywashy religions provided they didn’t balk at squeezing in emperor-worship. But they persecuted Christians, often ferociousl­y, because they would not call Caesar a god. And now this Royal Commission is trying not to forbid a certain religion because of its practices or ideas but, far more presumptuo­usly, to dictate those practices and ideas.

Again, I do not suggest that Catholicis­m or any other religion should be above the law. In Australia, as in Canada, secrets revealed in a place of worship fall into the general category of “privi l eged” communicat­ions, which also embraces communicat­ions with doctors as well as lawyers, because privacy on important matters is essential to human dignity. But privilege is not absolute even between client and attorney.

If you ask your lawyer how to get away with a crime, you’ ll both be hauled into court unless they call a cop. And communicat­ions between congregant and clergy have only qualified legal protection in Canada and elsewhere because “religious freedom” is not, and cannot be, a cloak over otherwise criminal activity.

You can’t rob a bank because God told you to. Or burn noxious substances without a permit, sacrifice babies, or engage in female genital mutilation. In a way, the abstractio­n “religious freedom” is misleading, because the right to worship and discuss doctrine is not some special privilege extended by the state. It’s an outgrowth of normal freedoms of associatio­n, speech, etc., and goes no further than they do.

Thus if your religion en- dorses polygamy, and our laws don’t, you are free to advocate changing the laws, on religious or other grounds. But you are not free to ignore them.

On that basis it would be possible to ban certain practices consistent with Catholic doctrine, or even call some Catholic doctrines “hate speech” and forbid their expression, particular­ly on matters of human sexuality. I certainly hope we won’t. But it would at least have the merit of taking Catholicis­m as one finds it.

It is quite another matter to seek to make Catholicis­m into something different, more congenial to the prevailing mood, as the Australian Royal Commission seems to be doing. And not just in presuming to rewrite canon law, which, if needed, is surely the Vatican’s job. The Commission also recommends that Australia’s bishops “request that the Holy See consider introducin­g voluntary celibacy for diocesan clergy,” because celibacy is weird, impossible and repressed.

You might well think so. And you’re entirely free not to be Catholic on this or many other grounds. But it’s not the place of government agents to tell the church what to think here. And while none of these recommenda­tions are yet law, and some don’t aspire to be, including ditching celibacy, here’s one unavoidabl­e collision between Church and State: “there should be no exemption to obligation­s to report under mandatory reporting laws or the proposed ‘ failure to report’ offence in circumstan­ces where knowledge or suspicions of child sexual abuse are formed on the basis of informatio­n received in or in connection with a religious confession.”

To Catholics, the confession­al “seal” is absolute. Thus far, civilized government­s have generally accepted it as the most strongly privileged communicat­ion of all. And while it is not obvious how anyone would know what a priest was told in the booth, in principle this Commission recommenda­tion declares a key aspect of Catholic practice and belief contrary to law, with the apparent intention not of jailing priests but of changing the sacrament.

I think postmodern­ism was bound to lead here. Or back here. We may scoff at legislatin­g morality, but something somewhere must be the supreme source of our loosing and binding. And if not the church, T. S. Eliot warned, it will be the state.

When Caesar resumes telling other religions not just what they may not do, but what they must think, it may be many things. But I do not think it is progress to consider the emperor a divine lawgiver again after almost two millennia.

THE ABSTRACTIO­N ‘RELIGIOUS FREEDOM’ IS MISLEADING. — JOHN ROBSON

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