Freedom of belief
Culture
Freedom
Freedom of Belief
8 min read

Why religious liberty? Love, actually

Claims for religious freedom can be controversial. Nathan Chapman weighs up approaches to accommodating them, not just legally but in the light of love.

Nathan S. Chapman is a scholar of constitutional rights, religious liberty, and Christianity and the law. He is a Professor of Law at the University of Georgia.

A montage of people praying with hands held together.
A detail of Norman Rockwell's 1943 Freedom of Worship illustration.
Norman Rockwell, Public domain, via Wikimedia Commons.

Religious liberty is a cornerstone of liberal democracy. The freedom of religious belief and practice is enshrined in human rights instruments, national constitutions, and legislation. Usually, those rights are uncontroversial. Only when someone claims a right to do something that threatens the rights of others – such as a right to decline to bake a cake for a same-sex wedding – do most observers take notice. Unfortunately, in controversial cases the values underlying both of the competing rights claims tend to get lost in political rhetoric. The arguments against the religious liberty claims may be obvious - concerns about security, or public health, equal treatment of LGBTQIA+ persons - but for many it is harder to see the value of allowing dissenters to peacefully practice their religion. 

So, what is the point of religious liberty? Several justifications have deep historical and philosophical roots. Top of the list is reducing conflict: from the view of believers, God demands one thing, society another. Best to let believers have their way so long as they are peaceful about it. Concerns about political conflict were one of the key reasons for the rise of religious tolerance in the 17th, 18th, and 19th centuries. 

This reason goes only so far, though—only far enough to prevent actual conflict. It does nothing to justify freedom for groups or individuals who pose no threat to political stability, perhaps because they are small, or because they are politically withdrawn. And focusing exclusively on conflict is intellectually unsatisfying; it considers only the effects of religious difference instead of digging into why people adhere to unpopular religious practices. For that, we need an insider's point of view. We need to see why believers have often supported religious liberty not only as a political expedient, but because they have believed religion required religious liberty for everyone.  

Consider two Christian statements of rationale for religious liberty that have become canonical among western democracies. The first comes from John Locke: 

 “true and saving religion consists in the inward persuasion of the mind, without which nothing can be acceptable to God.”  

Such “persuasion” must be free, and it must be sincere. Under this view, compelled religious belief is an oxymoron; it doesn’t work, and even if it did, it would do the believer no good--salvation requires voluntary belief. Therefore, says Locke, the “civil” jurisdiction and the “spiritual” jurisdiction are strictly separate, with the civil magistrate having no say over spiritual matters. This argument went a long way toward justifying the government’s toleration of dissenting assemblies, preaching, and worship. But toleration goes only so far. It does not include freedom from any legal duty that is rightly within the domain of the civil magistrate. For instance, a religious pacifist--Christian, Buddhist, or otherwise--who objects to mandatory military service is out of luck. 

James Madison, the architect of the U.S. Bill of Rights, was more sympathetic to dissenters. When Virginia tried to make taxpayers pay tithes to their local churches, Madison pointed to the Virginia Declaration of Rights (1776):  

“Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.”  

At first glance, this may seem to restate Locke’s position: true religion requires intellectual freedom. But it goes much further than Locke did. Madison defines religion as the duty one owes to God and “the manner of discharging it.” And, crucially, Madison jettisons Locke’s binary view of “civil” and “spiritual” jurisdiction. Only one jurisdiction matters for determining the scope of religious liberty: God’s. When we have a duty to God, the civil government should get out of the way. Under Madison’s view, religious liberty resolves inconsistent commands of rulers with overlapping jurisdictions in favor of those issued by the higher authority, God. 

This view does not satisfy everyone (including some believers). In the first place, it relies on premises that many reject: the notions that there is a knowable God, that people owe duties to God, and that others should respect those (perceived) duties. In the second place, in religiously pluralistic societies, it often seems like each person claims different duties to different gods. Religious liberty facilitates religious diversity, which proliferates inconsistent claims of divine “duty," thereby diluting each of them. At the same time, it makes accommodating every claim more costly, because there are more of them, and they seek accommodations from a wider variety of laws. 

To make matters worse, the divine duty rationale implies that religious liberty has no limits. The person who believes that God demands human sacrifice has as much a claim to religious liberty as the one who simply doesn’t want to be made to attend a church service. The rationale also rests on a notion that is increasingly difficult for those in secularized societies to view sympathetically: the idea that the Creator of the universe exacts obedience, and that society should honor the individual's perception of that duty, in exchange for... what, exactly? 

A more thoroughly Christian view of religious liberty depends on grasping why believers want to obey God. Locke’s answer was straightforward: fear of eternal damnation. What ought to motivate religious tolerance, Locke insists, are differences about what constitutes “true and saving religion.” Here, Locke was understandably a creature of his times, when western Europe and North America were divided by doctrinal disputes about Christian salvation. Although the promise of eternal life through faith in Christ is the core of Christian doctrine, Scripture surely teaches that those who have already acknowledged Christ as their Savior should obey God not out of fear of damnation, but out of love. Jesus said the greatest commandments were these: “Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength” and “Love your neighbor as yourself.” Whatever duties we owe to God and others, from the most sublime form of corporate worship to the most mundane task of changing a diaper, flow from love. Love is the framework, the backdrop, the engine for Christian duty.  

Where does such love come from? For Jews and Christians alike, such love is a proper response to God’s love for all of creation, and especially for humankind. Consider the evocative imagery of the ancient songwriter/poet known as the Psalmist:  

“How precious is your steadfast love, O God! The children of mankind take refuge in the shadow of your wings. They feast on the abundance of your house, and you give them drink from the river of your delights. For with you is the fountain of life; in your light do we see light.”  

For Christians, God’s love is shown most thoroughly in the teaching, life, death, and resurrection of his son, Jesus Christ. As the Apostle John wrote,  

“By this we know love, that he laid down his life for us, and we ought to lay down our lives for the brothers.”  

All too often non-believers seem to appreciate the core of Christian ethics better than many self-proclaimed believers: Christian duty ought to be not merely a private act of personal piety, but an active, self-giving, others-oriented love that mirrors the gentleness, kindness, and sacrifice of Christ.  

It turns out that love, actually, is the root of the Christian duty that can sometimes generate conflicts with civil law. The freedom to love God and others according to one's best lights is the most thoroughly Christian basis for religious liberty. "According to one's best lights" is an important qualification. Although Christians agree on the requirements of love in many cases, they have from the beginning disputed whether some conduct is consistent with love. For instance, in the first century, they debated whether it was okay to eat food that had been sacrificed to the idols representing Roman deities. Some thought yes, some no. The Apostle Paul taught those who had no qualms with eating such meat to be understanding of those who did.  Christians were to tolerate those with different interpretations of the requirement of love--at least as to matters that were inessential to the gospel.  

What difference might love make for religious liberty? Most importantly, it might render claims for religious liberty more legible to those of any (or no) religion who disagree with the claim's morality. Not everyone has experienced fears about eternal salvation, but everyone has experienced a moral duty arising from affection, whether for a favorite sporting club, a family member, or country. Believers regard God as the source of all these good things, and many others besides, so God alone deserves our highest adoration. We may not be able to relate to a God who issues (seemingly) severe commands, but we ought to be able to relate to one who asks for, and merits, our love.  

If love is the best motivation for observing a higher duty, we ought to think twice before we condemn those who say their religion will not allow them to follow the law. We ought to presume they have the best of motivations. To be sure, not every one who claims a religious exemption is motivated by love—no one is perfect, and some religiously-motivated conduct (whether in the name of Christianity or another religion) is decidedly unloving. Moreover, believers sometimes disagree about what love requires. In my own country (the U.S.), some religious claimants assert a religious duty to avoid funding contraceptive insurance on the ground that it facilitates abortions, while others claim a religious duty to facilitate an abortion. Those claims are morally inconsistent. If we assume that religious claimants in principle might be motivated by affection for what they take to be the divine, we ought to respect the dilemma that claimants find themselves in--even when the law does not, and should not, exempt their conduct. 

Religious love is especially deserving of our respect and, when possible, accommodation. We should affirm our neighbors' attempts to follow the demands of divine love, even when we disagree with their understanding of those demands. And we should respect them even when that understanding cannot be squared with the needs of society in any given case. Love should not always be a trump card--no more than divine fear should be a trump card. Some religious freedom claims will not, and should not, win the day. There is no avoiding drawing lines according to law and public conscience. But love for God offers a richer, and perhaps a more attractive, justification for religious liberty in the first place.

Article
Church and state
Culture
Freedom of Belief
War & peace
7 min read

Nigerians plead for an end to rampant murder

So-called ‘grazing conflicts’ need to be treated as a real humanitarian crisis

K.C. Nwajei is a freelance journalist based in Nigeria. 

Small huts in a crowded refugee camp.
Displaced villagers shelter in refugee camps in Benue State.
Open Doors.

 

In the state of Benue in the North Central region of Nigeria, life has become short and brutish, as mothers bury their husbands and children in an endless grief pervading Nigeria’s Middle Belt region. 

In a region where women and families once tilled the soil for sustenance as children played freely on farmlands, an unrelenting nightmare now unfolds with worrisome and haunting regularity. 

Vicious and armed herdsmen, cloaked in impunity, have turned many villages and communities in the area into killing fields. They leave behind mass graves, charred houses, and shattered lives. 

As the world watches in silence, cries from the bloodied farmlands, a steady but unabated genocide unfolds, bringing in its wake ashes of burned houses and orphans, the human cost of Nigeria’s silent killings. This is the sad reality of our times. 

Many human rights groups and people of conscience say this is no longer a local conflict over grazing routes but a serious humanitarian crisis—the agony of abandoned lives in Nigeria’s killing fields crying out for justice and urgent, pragmatic international intervention before the region is wiped off the map. 

The most recent of these gory tales is the Yelewata Massacre in the Guma Local Government Area of Benue state. Reports have it that more than 200 innocent, vulnerable and unsuspecting persons—children and elderly from 47 families—were killed by suspected herdsmen on June 13 and 14. 

In a shocking revelation by the Nigeria’s National Bureau of Statistics, 614,937 people were killed in the country in the past year. According to a local newspaper report (Daily Trust, June 22), the death toll figure is 10 times more than in war-torn Russia and Ukraine, which stands at 67,000. 

A victim of the mayhem, Janet Erdoo Terhemba, recounted her ordeal, in the news reports of the This Day newspaper. 

“I wasn’t around when it happened. At first, I was told my uncle was missing. Later, they said they found my father and stepmother. But my uncle and others, including a toddler, were burnt beyond recognition. They were butchered before they were set ablaze. My uncle was butchered—his wife too. In total, I lost eight people in one night … they were killed.” 

Ajim Doowuese is an internally displaced person from Yelwata. “All my children were burnt to death,” she said while sobbing. “Now I am childless.” 

David Tarku recounts this: “I traveled out of town and returned late in the night. Suddenly, the herdsmen attacked. I started running with my family, but my cousins were not lucky. They were killed.” 

These massacres have provoked reactions from Christian leaders, government, human rights groups, and well-meaning Nigerians, calling for decisive government actions. Pope Leo XIV, in his first official statement regarding the crisis in Nigeria, described it as “a terrible massacre in which mostly displaced civilians were murdered with extreme cruelty.” The pontiff offered prayers for security, justice, and peace for rural Christian communities he described as “relentless victims of violence.” 

The Rt. Rev. Dr. N.N. Inyom Bishop Emeritus of the Diocese of Markurdi, confirmed the story, while emphasizing that this is a “genocidal attack targeted at predominantly Christian communities.” 

Inyom has been a member of the Benue State Security Council through the past two administrations, and is a specialist in conflict and peace studies. “By any stretch of imagination … this is not a conflict,” he said. “It is pure genocide. … These are purely activities of terrorists to take the land of the communities. I have documents to support what I am saying, and pictures and names of the families and people killed in the Yelewata community.” 

“We have been living with this crisis over the years,” he added. “The Yelewata catastrophe is unimaginable.” 

“Benue state has 23 Local Government Areas, and about 17 are completely devastated. Over 1.5 million (mostly women and children) villagers are living in Internally Displaced Camps in the state. 

“Before my retirement, I had six archdeaconries. Out of these six, four have been sacked by the invading terrorists,” the bishop said. 

To buttress his claim, the bishop presented a list of the names and families he says have been killed during the Yelewata crisis. 

He challenged church leaders, irrespective of denomination, to speak up. “If the Pope could speak from the far-away Vatican, what happened to our local leaders? Let the church not just busy or bury itself in ‘spiritual deliverance.’ We need physical deliverance for our people who are being killed. I read a book on Rwandan crisis where the United Nations was asking, ‘Where was the Church before the escalation of the Rwandan crisis?’ Let the Church in Nigeria arise and let the leaders unite and save these communities.” 

He challenged the government to prioritize its duty of ensuring the security of lives of their citizens. “Government is not just about winning elections. They are looking at 2027 general elections. Meanwhile, people are being killed in 2025. Government must stop playing politics with the lives of its citizens.” 

“The greatest problem, he said, is that over time, government has not summoned the political will to implement the recommendation of the Peace and Reconciliation Commission. 

He called on the federal government to set up a Commission of Enquiry on this recurring crisis. 

Bishop Inyom called on the international community to intervene: “This is a Macedonian call. The international communities must speak up because a serious humanitarian crisis is looming.” 

Meanwhile, Amnesty International has been documenting the alarming escalation of attacks across Benue, where gunmen hold sway over the territories. 

Some prominent traditional rulers and Christian leaders have continued to express frustrations. 

In a strongly worded statement shared on X .com, Apostle Johnson Suleiman described the killings as evil, barbaric, and a mayhem. 

At a town-hall meeting with Nigeria’s President Bola Ahmed Tinubu, professor James Ortese Iorzua Ayatse expressed his alarm: 

“We do have grave concern about the misinformation and misrepresentation regarding the security crisis in Benue State. It is not herders-farmers clashes, it is not communal clashes, it is not reprisal attacks or skirmishes. It is such misinformation that has led to suggestions such as “remain tolerant, negotiate for peace, learn to live with your neighbour. 

“Your Excellency, what we are dealing with in Benue is a calculated, well-planned, full-scale genocidal invasion of land-grabbing campaign by herder terrorists and bandits which has been on for decades, and it is worsening every year. 

“Wrong diagnosis will always lead to wrong treatment. So we are dealing with something far more sinister than we think about. It is not learning to live with our neighbors. It is dealing with the war.” 

The leader of North Central Peace Advocates, Frank Utor, in a This Day newspaper report, wrote that the killers are well-trained members and affiliates of international terror groups with the mission to levy war against the indigenous communities of Benue, Plateau, and other parts of North Central. “The killers do not rear cattle, they do not engage in any known pastoral activities,” he said. 

Several media outlets have quoted elder statesmen in the communities expressing concerns about what some of them described as the “genocidal activities” of the criminal herdsmen. Some have argued and lamented that governments have failed to live up to their constitutional responsibility of protecting lives. 

The media, particularly social media, are awash with news berating the political elites in the state for failing to present a united, formidable, and common front to tackle the gruesome serial murders and carnage perpetuated by these criminal armed men. 

At a recent forum during the presentation of a posthumous award to Late Chief Raymond Alegho Dokpesi, a media mogul and founder of African Independent Television, the Rev. Father George Ehusani, a prominent Catholic priest and civil rights activist, said: 

“A lot of the clashes in Benue state are not clashes between two people. People are in their farms and 100 people in motorcycles with AK-47 riffles invade their village, sack them, and kill many. That is not ‘two fighting.’ That is one group of people going to kill people and sack them from their villages. 

“If AIT [a TV news channel] reports the news as “Clash over land in Benue state,” that would not be correct. That would be a lie.” The fact that we should communicate with gentleness does not mean we should tell lies.” 

According to monitored media reports, less than 72 hours after the mayhem, a combined force of Nigeria’s military and police chiefs launched a joint, cross-border manhunt for the gunmen who killed around 200 villagers in Yelewata on the night of June 13. 

Gen. Christopher Musa, the chief of defense, and Kayode Egbetokun, inspector-general of police, arrived in Markudi on June 16 to coordinate the operation. After assessing the carnage, Musa vowed to take the battle to the terrorists by changing the military’s strategy to fit the situation on ground. 

President Bola Ahmed Tinubu, who had previously condemned the violence in Benue state, had also directed security chiefs to implement his earlier directive to bring peace and security to the state. 

Following his visit to Benue on June 18, President Tinubu directed the Benue State Governor, the Rev. Hyacinth Iormem Alia, to set up an all-inclusive peace committee for the resolution of contentious issues that have rendered past efforts fruitless. 

In response, HURIWA, a human rights group, accused the Governor of showing what it describes as “aloofness to the gravity of the situation of mass slaughter of his people—women and children—by the terrorists masquerading as herders.”

This article first appeared in Livingchurch.org. Reproduced with permission. 

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