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February 12, 2012

Home > 2009 > OctoberChristianity Today, October, 2009
Loss Is Gain
Denial of Hutterite request offers defense for other faith groups.




A seeming blow to religious freedom in Canada will actually help religious groups to defend their practices from discrimination claims, the Evangelical Fellowship of Canada (EFC) has said.

The Supreme Court of Canada ruled in July that a small Anabaptist group of Hutterian Brethren must have their photos taken for their driver's licenses.

The Alberta Hutterites had argued that such photos would force them to violate God's command not to make graven images. The government argued that granting the exemptions would hinder its efforts to reduce identity fraud.

The Supreme Court sided with Alberta in a 4-3 split. "The cost of not being able to drive on the highway … does not rise to the level of depriving the claimants of a meaningful choice as to their religious practice," wrote Chief Justice Beverley McLachlin.

The court wrongly accepted that granting the Hutterites an exemption would lead to identity fraud, said Thomas Berg, a professor at the University of St. Thomas School of Law. Only 250 Hutterites have sought the exemption since the law went into effect in 1974. Meanwhile, 700,000 Albertans do not have a license and, therefore, a photo on record.

"The only way to take religious freedom seriously is to [question] whether the government's action here was really necessary," Berg said. "If you don't ask that, the government is going to win."

But Don Hutchinson, legal counsel for the EFC, said the case was ultimately a positive step because while the justices split on license photos, they unanimously agreed that freedom of religion has an "identifiable collective aspect."

Hutchinson said the court’s precedent will help in ongoing cases like that of Christian Horizons, a ministry to the disabled. Last year the Ontario Human Rights Tribunal ordered the charity to pay a former lesbian employee $23,000 for terminating her employment. It also ordered Christian Horizons to abolish its employment rules barring homosexual activity, extramarital sex, pornography viewing, and other activities.

"Individuals [in Canada] are challenging the ability of a religious group to require them to conform in order to belong," Hutchinson said. By affirming the right of religious groups to define their own beliefs and practices, the Hutterite decision puts individuals in the position of either identifying with a group or leaving it, he said.



Related Elsewhere:

Members of the Hutterite communities are asking the Supreme Court of Canada to review their case again.

Previous articles on Alberta v. Hutterian Brethren of Wilson Colony include:

Hutterites lose fight over photo licences | Colony may leave Alberta (Calgary Herald)
Hutterites lose battle over photos | Members of the Wilson Hutterite Colony are shocked and disappointed following a decision by the Supreme Court of Canada that all driver's licences in Alberta require photo ID. (Lethbridge Herald)

Previous Christianity Today articles on religious freedom include:

Let It Snow | Ruling on pollution of sacred mountain may weaken religious freedom. (July 15, 2009)
'We're Not Actually Advancing Religious Freedom' | Thomas Farr says it's time for policies that actually improve liberty around the world. (April 14, 2009)
See No Evil | International religious freedom has been too low a priority. (October 23, 2008)




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Anonymous

September 17, 2009  12:30pm

Maryann, Amish isn't a reilgion, or a part of Christianity, it's a lifestyle. What they do, however bad it may be, is irrelevant to the topic at hand. I do agree, however, that these people who don't want their picture taken should not be given that privledge. It's necessary to include a person's photo on a driver's license, and besides, what they are arguing is a misinterpretation of Scripture. Finally, that organization in Canada has no right to make Christian Horizons pay that former employee or to basically change their statement of beliefs, especially if the organization isn't receiving any support from the Canadian government in the first place. Separation of church and state goes both ways.

Patrick Gann

September 17, 2009  12:28pm

Shocked by the ignorance of the first two commenters. I just recently had my license renewed here in the state of Pennsylvania, and on the back of the form to get a license, you can most certainly apply for an exemption to getting the photo taken for religious reasons. Both of the fine commenters here apparently believe their evangelical Christian religion is the *only* religion that is to have its rights respected. Amish, Hutterites, and many other fringe/conservative branches of Judeo-Christianity interpret "graven images" to be any image of a human being, in which God's life is breathed. Conservative Muslims take this a step further, wherein no living creatures are put into their art (hence all the mosaic/mathematical patterns and designs in their art). There are places where people like the Amish fight for too much and are out of line (Maryann is right about the puppy mills, and the raw sewage, and the triangles). But I think the photo ID exemption is reasonable. It works in PA!

Maryann

September 16, 2009  10:16pm

Why is having or not having a photo on a license a religious issue? I don't know about Canada but in the US, driving is a privilege NOT a right & there are rules about who can drive. If you don't want to play by the rules, don't try to play the game. In Pennsylvania, Amish want exempted from laws forbidding leaking raw sewage because they don't believe in toilets. They don't want reflective triangles on buggies, making them dangers on the road at night. Forbidding photography, plumbing & reflective triangles makes you HOLY? The worst animal cruelty ever is in Amish puppy mills (Google it). It's not freedom of religion to leak sewage, create danger on roads & let dogs freeze/starve & refuse to have proper identification for the privilege of driving. Don't want to have a photo on your license? Walk, take a bus or get back in your buggy but don't forget the reflective triangle.

Original Anna

September 16, 2009  9:48pm

I'm a little confused. Isn't graven image considered a graven image of the god being worshiped not a graven image of the follower. And if Canada is a democracy, how can it tell an entity what it's purpose, mission, rules are. An entity has the legal status of an individual. I don't even think the communists rewrote the beliefs of churches within the borders the communists controlled. They were anti-religious period telling its people lies about the church and having the money support and priests okayed by the government but they didn't rewrite the beliefs of the church, just threw people in jail. That's what Canadian law is doing, rewriting the beliefs of an entity. Oh, what am I saying, the U.S. government is doing the same, using the law to rewrite the beliefs of churches, they're just more sneaky about it.

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