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Hungary Threatens Religious Liberty

Posted: 12/07/11 06:21 PM ET

Religious repression typically occurs in Islamic or authoritarian regimes. Saudi Arabia, China, Iran, Cuba, Pakistan and Burma come to mind. But it appears that European democracies are not immune from the virus. Unfortunately, Hungary has adopted legislation which undermines this most basic liberty.

Hungary has a well-earned reputation for fighting for freedom. It was the locus of revolutionary ferment in 1848, which was suppressed by the Austrian empire only with the help of Tsarist Russia. In 1956 Hungarians revolted against their Soviet overlords. Although the revolution was brutally crushed, the people's spirit of resistance forced the new Hungarian communist leadership to rule with a lighter economic hand. In 1989 Budapest turned the modest freedom wave rolling through the Soviet bloc into a tsunami by tearing down the border fence with Austria. The result was a large break in the Iron Curtain which could not be closed.

Democratic Hungary joined both the European Union and NATO. With the implosion of the left-leaning government last year Fidesz, the Hungarian Civic Union, and its smaller partner, KDNP, the Christian Democratic People's Party, won more than two thirds of the National Assembly seats. (Fidesz is by far the dominant partner; the two parties run on a shared list.) Prime Minister Viktor Orban took office with an opportunity to transform his nation.

Unfortunately, however, the observation that a parliamentary system often turns into a democratic dictatorship proved to be true. Prime Minister Orban has exhibited authoritarian tendencies.

Over the last year, reports the human rights group Freedom House, Hungary moved backward in terms of civil society, independent media, national democratic governance and judicial independence. The individual setbacks were modest, but collectively represent a worrisome erosion of basic liberties. Freedom House still rates Hungary as free, but moving in a negative direction.

Explained the organization, the new government reduced various governmental checks and balances. The Orban ministry also "curtailed freedom of speech through the adoption of new media legislation; intimidated the judiciary by summoning judges to parliamentary hearings on cases related to the riots of 2006; changed election procedures to give the ruling parties an edge in the October municipal elections; and nationalized the savings in a system of compulsory private pension funds."

Much attention has focused on the government's restrictive new media law. Reported Freedom House: "Hungary received a downward trend arrow due to the government's efforts to consolidate control over the country's independent institutions, including the creation of a new media council dominated by the ruling party that has the ability to impose large fines on broadcast print, and online media outlets."

The State Department raised similar concern in its annual report on human rights. New laws "broadened the range of views whose expression was illegal" and "concentrated authority over the media in a single government body with wide-ranging authorities." A report for the Organization for Security and Cooperation in Europe warned that the legislation introduced "stricter regulation, more pervasive controls and limitations on freedom of expression."

While the government might not abuse its new powers, the temptation to punish journalists for the content of their speech, especially when it is critical of the government, will be strong if not overwhelming. Moreover, journalists will feel pressure to self-censure. For instance, a public radio station suspended two employees who held a moment of silence to protest passage of the new law.

Less remarked upon but equally serious is the threat posed by a new law on religious liberty. Until now there had been little complaint over the government's treatment of believers. In fact, Budapest had been returning property seized during communist rule.

However, in July the parliament, with little debate, hurriedly adopted the "Law on the Right to Freedom of Conscience and Religion, and on Churches, Religions, and Religious Community." The Institute on Religion and Public Policy, with which I am affiliated, warned that the legislation "is the most egregious example of a disturbing trend in Hungary to undermine human rights."

Under the law, only 14 of 362 Hungarian religious organizations registered under the earlier law (passed in 1990) will be officially recognized. As a number of Hungarian human rights activists pointed out in an open letter, "Among the churches that were discriminated against are, to mention only a few, Hungary's Methodist, Pentecostal, Adventists and reform Jewish churches; the Salvation Army and Jehovah's Witnesses; and all the Islamic, Buddhist, and Hinduist congregations."

Other than the 14, any religious association seeking official sanction will have to demonstrate its presence in Hungary for at least 20 years, obtain 1,000 signatures, gain the support of a government minister, pass review by the National Security Service, and win a two-thirds vote of parliament. At the last minute the government substituted parliamentary for judicial review. This system, explained the Institute in its detailed assessment of the legislation, is "the most burdensome registration system" in Europe. Observed one Hungarian newspaper, "Gods are now sitting in parliament" who get to decide who constitutes a church and who does not.

The law represents discrimination more characteristic of "countries such as Russia and Malaysia" rather than liberal democracies, noted Paula Schriefer of Freedom House. The Institute warned that "a tiered system offering an inferior religious status to minority faiths violates the right to religious freedom and the right to be free from religious discrimination." In a challenge to similarly discriminatory Austrian legislation, the European Court for Human Rights opined: "a distinction based essentially on a difference in religion alone is not acceptable."

Without question those faiths at greatest disadvantage will be those with smaller numbers of adherents and less popular doctrines. The 20-year requirement helps protect existing churches -- institutions as much as beliefs -- from challenge. In fact, Zoltan Tarr, General Secretary of the Hungarian Reformed Church, was open about his support of the measure for this reason: "We wanted a new law to make it more difficult to establish churches here -- and we're happy the present government has now done something." He added that: "We're very much for freedom of worship and believe everyone should have the right to practice their religion. But this law represents a positive step, since it excludes quite a few communities which don't legitimately qualify as churches." Russia did much the same, though with a less onerous 15-year standard. It was a system designed to benefit the Orthodox Church and other established faiths.

Tossing recognition into parliament is an invitation to abuse. Observed the Institute: "Registration is reduced to a beauty contest, requiring a substantial majority vote, allowing votes to be cast on purely discriminatory grounds while making a mockery of the strict requirements of impartiality and neutrality in matters of religion. The law authorized the state to employ the lethal weapon of religious doctrine and beliefs." Indeed, the legislation was initially proposed by the sectarian KDNP. Party Chairman and Deputy Prime Minister Zsolt Semjen said he wanted to "make order" since it was "abnormal" to have so many churches.

So far, at least, unofficial churches will continue to be able to operate, though they will not be allowed to call themselves "churches." In the short-term the major effect of the legislation may be to limit which churches can receive cash from the government -- subsidies actually have been increased this year, even though Budapest recently went to the International Monetary Fund for potential financial help.

Direct public funding of religion always is a bad idea, especially for churches themselves. It is no coincidence that the least vibrant, most decrepit churches in Europe are state churches dependent on the state for succor. In contrast, religious liberty, which necessarily includes separation from the state, in America has delivered a far more vibrant community of faith.

However, many of the funds went not to religious promotion but to social services "for the homeless, the elderly and the poor," noted the activist letter-writers. Whether public monies should be funneled through religious institutions even for such good works is an important question -- and one debated in the U.S. However, discriminating against particular faiths is wrong, the sort of dangerous sectarianism which Americans sought to prevent through the First Amendment.

Moreover, not just money is at stake in Hungary. Having derecognized most churches, Budapest will deny accreditation to any schools managed by those churches. That represents a significant threat to educational as well as religious liberty.

Indeed, explained the Institute for Religion and Public Policy: "key activities for religious organizations such as operating religious-spiritual, educational, training, higher educational, medical, charitable, social family, child or youth protection, culture or sport institutions or carrying out these activities; producing or selling publications and religious objects necessary for the religious spiritual activities; and partial utilization of a real estate used for church purposes will no longer quality as religious activities for de-registered religious associations. Instead, they will be considered as economic activities for de-registered organizations while they continue to be considered religious activities for religions that remain registered."

The National Security Service review was added through an amendment from the extreme nationalist Jobbik party. Whether directed against Muslims or members of other faiths, the measure provides largely unreviewable grounds for restricting religious liberty. Warned Institute chairman Joseph Grieboski, "It is simply improper to play the 'national security' card to build long term restrictions and impediments into normal religious association laws."

As serious as is the law's practical application today, the measure's future implications are even more worrisome. Dividing churches and faiths through political decisions based on arbitrary criteria and political decisions threatens free religious belief and practice. Religious minorities would be a convenient scapegoat should economic and political problems grow in the future. A country which suffered so under communism should be particularly sensitive to the potential for abuse of government power.

Of course, the danger in Hungary pales compared to the problem of religious persecution elsewhere. In Egypt, for instance, violent attacks on the Coptic minority are increasing. In Afghanistan and Iraq, both supported by U.S. troops, Christians and other religious minorities suffer discrimination and worse.

However, Washington's policy inconsistencies and hypocrisies are evident to the world. It is important for the U.S. government -- and, more importantly, the American people -- to speak out when the violator of religious liberty is a historically Christian nation, friendly state and member of the European Union and NATO. And especially when the violator should know better, as with Hungary, which has suffered so much under tyranny and struggled so hard to gain freedom.

 
Religious repression typically occurs in Islamic or authoritarian regimes. Saudi Arabia, China, Iran, Cuba, Pakistan and Burma come to mind. But it appears that European democracies are not immune fr...
Religious repression typically occurs in Islamic or authoritarian regimes. Saudi Arabia, China, Iran, Cuba, Pakistan and Burma come to mind. But it appears that European democracies are not immune fr...
 
 
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07:09 PM on 12/11/2011
What an uninformed piece. But no wonder. The author obviously doesn't speak Hungarian and such cannot really look into the situation and understand basic concepts. For example the author writes "Under the law, only 14 of 362 Hungarian religious organizations registered under the earlier law (passed in 1990) will be officially recognized." As if this was a bad thing.

What he is unaware, is how come that there were so many "churches" under the old absurd law in Hungary? Let's see a few examples who were de-registered as "churches"

- The Alliance of Hungarian Witches
- Church of Hungarians who are able to see into the future
- Church of believers in the existence of alien intelligence, higher level than that of humans.
- Ancient Hungarian shamanist Church
- Community mission Church (recieved 0 ft's of financial support from member contributions)

and so on and so forth. Frankly I find it idiotic that the de-registration of such curches would be viewed as a problem.

Previously founding churches was just another method of tax evasion and fraud, which went on for years. Someone somewhere had to draw the line.

By the way the whole issue is about monetary support. The de-registered fake churches will not recieve state support. But why should they? As the author writes American communities that are sustained by donations of members were thriving, they don't need state money.

Of course those were real actual churches...
03:09 PM on 12/09/2011
I agree...The whole idea of a secular government recognizing religion at all makes no sense.
and why does a religion need to be officially recognized anyway?

Just either recognize all of them (including the one I'm making up right now) or recognize none of them, and stay out of the busniess all together
TomMartin
Freedom and equality.
09:55 PM on 12/08/2011
I wonder how the Hungarian people can tolerate this? If I were in Hungary I would be calling for a Hungarian version of Arab Spring, to restore democracy from the assaults by Fidesz that has betrayed democracy.
07:22 PM on 12/11/2011
You will be very surprised to learn that the Hungarian version of Arab Spring took place already in 2006.

That time the police shot at protesters, blinding several of them and causing other permanent injuries (with rubber bullets). People were beaten on the streets rumours of broken fingers, people going through getting stripped naked while beaten came out of prisons etc.

The short version is a lot of blood was spilled, and lots of police brutality was used to crush dissenters and protesters.

Simply put, you cannot step into the same river twice. The people couldn't get rid of the previous Gyurcsany regime which was about 10 times weaker (it actually collapsed but three years after the protests and for different reasons), then they know that it is not a viable option of getting rid of a government.
TomMartin
Freedom and equality.
11:46 AM on 12/13/2011
OK, I looked up Gyurcsany in the Wikipedia, they did write there were demonstrations after he admitted lying to the people, but no mention of police shooting at protesters. So if you remember that correctly, that sounds terrible.
01:27 PM on 12/08/2011
How can anyone write about religious freedom in Hungary without recalling the Diet of Torda, one of the earlier efforts at religious freedom? This edict was issued in 1658 by King John Sigismund of Hungary:

"His majesty, our Lord, in what manner he – together with his realm – legislated in the matter of religion at the previous Diets, in the same matter now, in this Diet, reaffirms that in every place the preachers shall preach and explain the Gospel each according to his understanding of it, and if the congregation like it, well. If not, no one shall compel them for their souls would not be satisfied, but they shall be permitted to keep a preacher whose teaching they approve. Therefore none of the superintendents or others shall abuse the preachers, no one shall be reviled for his religion by anyone, according to the previous statutes, and it is not permitted that anyone should threaten anyone else by imprisonment or by removal from his post for his teaching. For faith is the gift of God and this comes from hearing, which hearings is by the word of God."

(http://en.wikipedia.org/wiki/Edict_of_Torda)

Of course, this did lead to the king's being unseated, and the edict was eventually repealed.
12:03 PM on 12/08/2011
For long time Europe has been viewed as a very "secular" place. While the new nation, the United States, established the first amendment and their god-less state in a freely religious country, the European nations had a different starting point, the legacy of state religion. Rather than establishing religious freedom and shutting the doors of the state-run churches, the state churches were rendered moribund and powerless, and restrictions remained on the alternatives. Europe took on the appearance of the most secular place on earth. People stopped going to church except to get married or honor death. Church was a place run by boring state bureaucrats with a hated legacy.

But things have loosened up, and evangelical churches have been growing like topsy in Europe over recent decades. It's not huge but it's there, and it's disconcerting to the European majority with their inherent mistrust of religious power and religious extremism. The religious right in America is as scary to the European mindset as is Islamic fundamentalism. Every country in Europe would like to do what Hungary dares to do. Outlaw the "Pentecostal" and the "Adventists".
01:27 PM on 12/09/2011
"The religious right in America is as scary to the European mindset as is Islamic fundamenta­lism."

Its pretty darn scary to many of us here in the US as well.
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antaeus
Full-Cream Marriage Now
11:49 AM on 12/08/2011
Human rights have been under increasing assault in Hungary for the last five years, as anyone who has had a personal encounter with Jobbik black shirts knows. Those of us who were attacked in recent Budapest gay rights festivals would have appreciated the Cato Institute raising the alarm earlier. But as others point out, the "faith" activity in the U.S. that you call "vibrant" often looks to many of us like a Wild West of for-profit mega-churches and opportunistic proselytizers. Didn't our own USSC 20 years ago recoil in suspicion at the claims to legitimacy of a "church" that used peyote in its rites (not rights)? It is increasingly apparent that many religious organizations are powerful money-making schemes whose potential for mischief is given a tax-exempt boost. The Hungarian regime is proving to be heavy handed in all matters, but the impulse to rebuff charlatanism strikes me as an understandable one.
TomMartin
Freedom and equality.
09:50 PM on 12/08/2011
That peyote using church was not charlatanic, they continued centuries of religious use of peyote. Sure some churches are charlatanic, like the FLDS church has become, but we should not be banning churches unless they start doing illegal things like child marriages.
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HUFFPOST SUPER USER
Fireslayer
11:34 AM on 12/08/2011
Fortunately the Unitarian Church of Hungary is over 500 years old and their view of freedom of conscience and belief in all seeking their own spiritual path provides some comfort. If I were making a constitutional argument in Hungary I would point to this historical church which enjoyed the protection of perhaps the greatest and best loved Hungarian King Francis David.

Arguably, European freedom of conscience was born in Hungary.
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American Subversive
Free markets are beneficial to ruling class only.
10:38 AM on 12/08/2011
"Religious repression typically occurs in Islamic or authoritarian regimes. "

And yet, religious repression, in the efforts to turn back the clock on Roe vs Wade, is alive and well in this non-Islamic regime.
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HUFFPOST SUPER USER
Robert Blackburn
10:23 AM on 12/08/2011
If the United States is to avoid what is happening in Hungary, and to a greater extent in Egypt, we must resist the efforts of the far right to turn this country into a theocracy. Religious intolerance is a double-edged sword.
See: http://revolutionofreason.com and http://www.youtube.com/RobertLBlackburn
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Robert Frank
My last name is FRANK so thats what I am..
10:05 AM on 12/08/2011
religion should be restricted to the privacy of ones own home/church...keep it to yourself and if someone is interested that's fine...if not that's fine too...problems arise when certain religions attempt to assert themselves by telling people "we are the only way" and stupid people blindly follow and allow that religion to take over the state resulting in racism, hatred, corruption, cronyism, laws and elections becoming frauds..etc..
RealistBC
Micro-bios must pass muster.
09:26 AM on 12/08/2011
So CATO expects the US to go to war against Hungary to impose religious freedom?
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Guscat
09:15 AM on 12/08/2011
It would be refreshing for someone from the Cato Institute to comment on Rick Perry's new ad and its threat to religious liberty in the US.
08:26 AM on 12/08/2011
In the U.S. we have the opposite problem: Any con artist can set himself up as a minister and start a church with only tissue-thin documentation of legitimacy. For that matter, even many of the "legitimate" churches function mainly as businesses, selling razzle-dazzle, entertainment and group activities rather than focusing on religion. And taxpayers are forced to subsize this huge profit machine with lavish tax breaks and even direct government subsidies that should be labeled for what they are: Unconstitutional. Like other big special interests, Big Religion uses its clout and money to lobby Congress to expand its powers, so the problem keeps getting worse and churches keep getting more corrupt. Several scandals involving sex and/or drug use have occurred recently, and you can bet there would be even more scandals regarding diversion of church money if anyone cared to pursue those activities. "Freedom of religion" is fine on paper but it often translates to oppression and corruption, so the Hungarians are correct to be wary of it. They just are going about it in their usual, East European, heavy-handed way.
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neopolitical
10:47 AM on 12/08/2011
Which religions are part of this Big Religion you speak of because it sounds like your normal anti-Catholic BS. In the future please just state you sectarian hated and don't use code words like BIG RELIGION.
11:38 AM on 12/08/2011
It's interesting that you interpreted the reference to "Big Religion" as a reference to the Catholic Church. I interpreted it as a reference to the Southern Baptists and to the many non-denominational (or loosely affiliated) mega churches that have sprung up and that clearly mix politics with religion.
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07:41 AM on 12/08/2011
The list in the article is fairly comprehensive. Sounds like Hungary is attempting to fight financial fraud and explotation by religion-based organizations. When will US politicians do the same?
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06:41 AM on 12/08/2011
Unfortunately, there is nothing new in this. When nationalist Magyars started agitating for a nation of their own in 1848 the first thing they did was stir up prejudice against everyone who was not a member of their own ethnic group. They rebelled against the "Holy Roman Empire", but they attacked their neighbors in a savage bout of "ethnic cleansing".

This move is intended to shore up the moribund Lutheran Church in Hungary, which is state supported, and suppress all the other religions, which will not be allowed to operate schools or charities. This is why NO church should be supported by a government.

As long as a church is simply one more arm of the government the temptation to use it to suppress dissent of any kind is almost irresistible. Today they are removing the churches from the list of "approved" religions. Soon they will find excuses to tax them, or fine them, or to imprison the church officials. This is a violation of the civil rights of the Hungarian people and should call for sanctions by the European Union.