Thursday, October 31, 2013

My Submission to the Constitutional Convention


I have made the following submission to the Convention on the Irish Constitution regarding Seperation of Church and State, you can submit your own here - It helps if you're from Ireland

Constitutional Convention Proposal: Separation between Church and State

Contrary to the values of a democratic republic, the Irish state’s constitution panders and genuflects itself towards another state, The Holy See. It’s astonishing that following centuries of bloody revolution, to remove one foreign power and its values; an emergent nation capitulates before another empire, thus enshrining their values and norms within her founding documents. It might have reflected the values of an early 20th Century society drunk on its first taste of independence but does not reflect upon the values of 21st Century Ireland.
The ideals of a republic lay out a basic framework where all citizens can live freely within the boundaries of the law, without being discriminated against on the basis of their: Gender, Marital & Family Status, Age, Disability, Race, Orientation, Religion, Itinerancy.

Thus far, the Convention on the Irish Constitution has done sterling work on vindicating the rights of the above mentioned groups, however it’s falling short in vindicating the rights of citizens of minority religions, and those who claim no belief.
The purpose of this submission is to propose separation between church and state; to enshrine freedom of conscience for all citizens within the Constitution of the Irish Republic.

Secularism 

Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's. Matthew 22:21 

I think Jesus Christ is correct in his assertion; the law of a particular state are of no importance to the creator of the universe. The texts of holy books, regardless of the religion they derive from, are forward-looking, calling for adherence of the law-of-the-land, before laws of the god. I argue that religious references are repugnant to a constitution and religious texts recognise that. Within this context, the Irish Constitution is blasphemous.

Blasphemy

On the CC agenda, but here for context.

Prayerfulness and Poetry

Ireland has a rich history of poetry and literature, although beautiful in their metaphor and imagery, such language does not belong in a document which underpins a legal system of a republic. The legal code should be based on evidence and reason, and not leave anything open to interpretation. Suave barristers use this to their advantage to create legal loop-holes, reputable religious scholars would agree the same has been done to religious texts. Many codes are manipulated such a way to justify discriminatory attitudes and actions which are contrary to the values of justice, compassion and respect. A constitutional document should be watertight to make the job of a state judge easier in maintaining the integrity of a nation’s laws.

Reccomendation: Remove references to “God” 

“In the name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred, We, the people of Éire, Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial…”

The preamble of the Irish constitution is emphatically sectarian and frustrates the ideals of a republic. It even discriminates against Christian citizens who don’t accept the dogma of a trinity. If a preamble is necessary, I would recommend an assertion to the effect of:
We the people of Éire, who give government their mandate, do hereby enact this constitution
The current preamble has been cited in legal cases and judicial decisions, and therefore should be removed/amended.

Recommendation: Homage of Public Worship (Art.44)

“The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.” 

This article is contrary to freedom of conscience, it suggests citizens are compelled to worship regardless if they believe or not.
I would suggest either deleting this article or replacing it with an assertion respecting freedom of conscience.

Recommendation: Oaths (Art. 12, 31, 34)

I write this recommendation on behalf of anyone taking part in a court trial, and anybody taking public office. As my above recommendation states, I suggest that the Irish Constitution should assert freedom of conscience of its citizens. Religion is one of the 9 grounds of discrimination in Ireland, although it is reserved to being a private belief, some believers can be easily identified (i.e. clothing), however in a legal/legislative/executive function no citizen should feel compelled to reveal their religious identity.
Within the legislative/executive branches, those who are atheist, agnostic or other - have to swear to a specific deity in which they do not personally believe.

The minority religious or non-believers are often perceived as untrustworthy, thus the mandatory oath only serves to reinforce that stereotype.
This may seem the most hard-line of all my recommendations, however in the best interests of the state and its citizens, I recommend removing all religions oaths from state functions in favour of a singular affirmation for ceremonial purposes if need be.

I would like to thank all members of the Constitutional Convention for their kind consideration of my submission, and offer my warmest appreciation of their work thus far in working towards a stronger Ireland, which cares for all of her citizens.