The Foundational Character of Freedom of Religion or Belief

W. Cole Durham, Jr., is president of the G20 Interfaith Forum Association and is the Susa Young Gates University Professor of Law and founding director of the International Center for Law and Religion Studies (ICLRS) at the J. Reuben Clark Law School of Brigham Young University. He is a graduate of Harvard College and Harvard Law School and is a founding editor-in-chief of the Oxford Journal of Law and Religion. 

This post was initially presented as a keynote address at the Fringe Conference held on 5 July 2022 at Portcullis House, Westminster, United Kingdom, in conjunction with the International Ministerial on Freedom of Religion or Belief. The address was part of a session titled “Preventing Violence, Promoting Freedom of Religion or Belief—An Overview.” The event was hosted by the All-Party Parliamentary Group for the Prevention of Genocide and Crimes Against Humanity, among others, and sponsored by The Church of Jesus Christ of Latter-day Saints and the ICLRS. The post was originally posted on the G20 Interfaith Forum blog, Viewpoints.

Today I want to advance seven reasons for thinking freedom of religion or belief is foundational: It is historically foundational, philosophically foundational, institutionally foundational, and empirically foundational. It is instrumentally foundational in that it is the best tool we have for forging peace in a highly pluralistic world, and it is intrinsically foundational because it protects the core of human dignity. Finally, it is foundational in being a critical criterion of justice. Let me provide a thumbnail sketch of each of these points.

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Religious Liberty: The Basis of a Free and Just Society

Elder D. Todd Christofferson is a Member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints.

Introduction

I am grateful for this opportunity to address you. I’m honored to be here among so many who work so hard to build better societies, to lift people out of poverty and desperation, and to protect fundamental human rights. We are all seeking for a more just and free society where every person is valued and where each has a fair opportunity to flourish. Thank you for all you do in the service of that noble end.

I speak to you today as an apostle of the Lord Jesus Christ. In doing so, I affirm the eternal human dignity of each person as a beloved child of God. I affirm that each one of us has a divine nature and destiny. We are not merely cosmic accidents in a cold and uncaring universe. We are known and loved by an all-knowing and all-loving God.

I also affirm that each of us has the right to exercise moral agency—the right of choice to live our lives according to the truth as we understand it. Indeed, one of the primary purposes of government is to secure the freedom of all people to exercise moral agency.

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What Should a Constitution Contain in Regard to Religious Freedom?

Gary Doxey is Associate Director of the International Center for Law and Religion Studies at the J. Reuben Clark Law School, Brigham Young University.

On the occasion of this First Annual Forum on Law and Religion of the Southern Cone, I would like to address the following question: What should a constitution contain in regard to religious freedom? It is timely to consider this issue since the Republic of Chile is currently drafting a new constitution.

I must emphasize that I speak from an international perspective. I am not Chilean, although Chile is a country very dear to my heart. I deeply respect the responsibility of Chileans, beginning with the honorable members of the Constitutional Convention, to choose the provisions of their constitution. As a foreigner, I merely offer my observations as a student of this subject in the hope that they may be of benefit.

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