The American Center for Law and Justice, the group founded by televangelist Pat Robertson to be a right-wing counter to the American Civil Liberties Union, bills itself as a champion of the “ongoing viability of freedom and liberty in the United States and around the world.”
But the ACLJ – which has joined in the Religious Right chorus claiming that progressive policies are causing American Christians to lose their religious freedom – has never been so keen on the civil liberties of those with whom they disagree, especially in its work overseas. As we’ve noted in the past, the ACLJ led the fight to block the so-called “Ground Zero Mosque” in Manhattan and through its African affiliate has backed efforts to prevent legalized abortion in Kenya and to keep homosexuality illegal in Zimbabwe.
And in recent years, the ACLJ’s European and Russian branches have also supported key parts of Russian President Vladimir Putin’s crackdown on gay rights and civil liberties, even as the group has served as a watchdog for Russia’s evangelical minority in the face of government persecution.
Both the European Center for Law and Justice (ECLJ) and the Slavic Center for Law and Justice (SCLJ) affiliates voiced support for Russia’s 2013 gag order on gay-rights advocacy. In addition, following the 2012 Pussy Riot protest, the SCLJ called for a law criminalizing religious blasphemy. One of its leading attorneys then helped draft one proposed version of the law.
In 2012, the last year for which records are available, the ACLJ directed $300,000 to funding the SCLJ with the “goal of protecting religious rights and freedoms of individuals and associations in Russia.” Its bigger overseas project is the European Center for Law and Justice (ECLJ), based in Strasbourg, France, to which it gave $1.1 million in 2012. The ACLJ’s chief counsel, Jay Sekulow, founded the SCLJ’s overseas branches and serves as the chief counsel of the European affiliate. A handful of sources list him as the chief counsel of the Russian affiliate as well, although it is unclear if he still serves in that capacity.
The ACLJ did not respond to a request for comment on the work of its work in Russia.
Shortly after the feminist punk band Pussy Riot staged a protest at a Russian Orthodox cathedral – for which they were ultimately sentenced to two years in a penal colony for “hooliganism” – the SCLJ issued a press release endorsing the efforts of Archpriest Vsevolod Chaplin, an Orthodox Church official, to criminalize blasphemy, which at the time was punishable by just a small fine. The press release argued that “seemingly innocuous mischief of a few aggressive individuals led to real religious conflicts that posed a threat to people’s lives and health,” and recommending “harsh punishments” for people found guilty of blasphemy.
The press release called for Russian officials “to toughen laws against incitement of religious hatred and hostility, but also against insult to the religious feelings of the faithful and assaults against their shrines and temples. We also believe that there is an urgent need to introduce harsh punishments for disseminating such information on the Internet.”
The cynical, blasphemous actions in the Church of Christ the Savior that took place this week aroused a broad public outcry. The participants of the women’s feminist punk group Pussy Riot ran into the church wearing masks and performed a blasphemous song with a political subtext right before the altar. They recorded the “performance” on video. Based on these recordings, a video clip was put together and posted on social networks, after which a flood of blasphemous and anti-church comments appeared online.
SCLJ recently raised the issue of the danger of dissemination through social networks of blasphemous information that insults the religious feelings of the faithful, at times openly inciting interreligious conflicts. Today we see that this concern is becoming even more acute and urgent. Criticism of certain religious views and beliefs is undoubtedly possible; however, insult and humiliation of the dignity of individuals who hold them or profess any religion is simply unacceptable.
The main problem is that the Criminal Code of the Russian Federation does not currently contain adequate penalties for such acts. The maximum punishment that can be brought down upon the participants in this blasphemous act at the Church of Christ the Savior is that they will be cited for an administrative offense and required to pay a small fine. However, the consequences of their activities may be very serious.
It should be noted that such cases are not rare. SCLJ staff members have often come upon similar situations in other regions of the country. Moreover, in many cases, seemingly innocuous mischief of a few aggressive individuals led to real religious conflicts that posed a threat to people’s lives and health.
Law enforcement agencies typically respond to incidents of this nature by glossing over any anti-religious motives. No one wants crimes motivated by religious hatred and hostility. Therefore, officials strain to limit charges to “hooliganism” and sometimes refuse to open a criminal case at all.
In this regard, SCLJ supports the initiative of Archpriest Vsevolod Chaplin to toughen laws against incitement of religious hatred and hostility, but also against insult to the religious feelings of the faithful and assaults against their shrines and temples. We also believe that there is an urgent need to introduce harsh punishments for disseminating such information on the Internet.
In September of 2012, members of the Duma introduced a bill that would criminalize “insulting citizens’ religious views and feelings.”
Despite SCLJ’s initial call for an anti-blasphemy law, the group’s co-chair Vladimir Rhyakovsky was apparently not thrilled with the first draft of the law. Rhyakovsky, a member of Putin’s Council on Civil Society and Human Rights, joined with a fellow council member to propose a revised version of the bill that proposed more moderate penalties for violation and created “zoned” free speech areas, but also, disturbingly, would have made the definition of “insulting religious feeling” even vaguer to cover such beliefs as “patriotism” and “commitment to traditional values.”
In June, 2013, Putin signed the final version of the blasphemy ban. The Moscow Times summarized its provisions:
The blasphemy law will punish “public actions expressing obvious disrespect toward society and committed to abuse the religious feelings of believers,” with potential punishment of up to three years behind bars, fines of up to 500,000 rubles ($15,430), and compulsory correctional labor, Lenta.ru reported.
It also stipulates fines of 80,000-300,000 rubles and a prison term of up to three months for hindering the activities of religious organizations and preventing religious rites from being conducted.
A fine of over 200,000 rubles can be levied for deliberate destruction of religious or theological literature.
Ryakhovsky – speaking in his capacity as a member of the human rights council – said after the Duma passed the bill that while he felt that it was “very important” to pass such a law and acknowledged that some of the human rights council’s proposals had been adopted, he was still concerned that “the problem of legal ambiguity remains,” which could “lead to arbitrary application and interpretation of the law, and willful use of it by law enforcement agencies.”
“Whenever the law, and especially criminal law, contains room for arbitrary interpretation, it is fraught with negative consequences,” he said. “I believe that this law is better than the one that was originally proposed, but on the other hand – it is not what it should be.”
That an ACLJ affiliate advocated for a blasphemy law – even if its leader offered only tepid support for the final product – is especially unsettling given that the group has strongly opposed blasphemy bans in its work at the United Nations. In a comment to the UN’s human rights committee in 2011, the ECLJ urged the committee to adopt a strong condemnation of blasphemy laws, such as those in Islamist countries. “Blasphemy prohibitions and laws regarding the defamation of religions violate the very foundations of the human rights tradition by protecting ideas instead of the person who hold those ideas,” the ECLJ wrote in a memo cosigned by its director, Gregor Puppink.
“Freedom of expression includes the right to be controversial, insulting, or offensive, even when such expression targets ideas that are devoutly held beliefs,” the group added.
The SCLJ and its leaders may have had mixed feelings about the final version of the blasphemy ban, but they offered more enthusiastic praise to another bill that Putin signed the same day: a ban on the distribution of “gay propaganda” to minors, essentially a gag order on gay-rights advocacy.
After the Duma passed the “propaganda” ban, Ryakhovsky’s fellow SCLJ co-chairman, Anatoly Pchelintsev, told Voice of America that although he would “refine” parts of the bill, it addressed an important problem. “You only have to turn on a few TV channels to become convinced: promotion of homosexuality is there in both direct and hidden forms,” he said.
Co-chair of the Slavic Center for Law and Justice Anatoly Pchelintsev told Voice of America that he believes there is such a thing as homosexual propaganda, and that it must be combated as much as possible. “You only have to turn on a few TV channels to become convinced: promotion of homosexuality is there in both direct and hidden forms.”
However, Pchelintsev believes there is no need to apply the law in all cases, since it is primarily minors who need protection against homosexual propaganda. “Adults are capable of understanding what is good and what is bad,” added Pchelintsev.
Pchelintsev says that he shares the opinion of Sergei Nikitin about the necessity of refining some of the terminology used in the bill. “You have to know what “propaganda” is before banning it.”
Pchelintsev told another outlet that he was “very pleased” about the move toward adopting the law because LGBT people should be allowed to “live as they want to, but without propagandizing their way of life.”
“I’m against homosexual propaganda, especially among minors. I am for strong families, but in this case I admit that there may be some kind of anomaly, it’s difficult to say in what way exactly—psychological, biological, or something else, but the problem exists—there are people like this. And let them live as they want to, but without propagandizing their way of life,” believes the scientific director of the Institute for Religion and Law, lawyer Anatoly Pchelintsev. “So I’m very pleased about the adoption of this law on the federal level. The key will be that it works and guarantees some kind of punishment. In my view, citation for an administrative offense is sufficient, violations like this do not fall under the purview of criminal law.”
The ACLJ’s European affiliate also voiced support for the “propaganda” ban. In an essay last year, ECLJ’s director, Gregor Puppinck, wrote that the law was “intended to protect children from messages about LGBT practices” that portray homosexuality as “favorable to or equivalent to marital relationships.” He portrayed Russia’s suppression of gay rights as a beacon of hope to France and the rest of Western Europe, showing that the trend toward gay rights is “strong, but not inevitable.”
ECLJ has worked closely with a number of French groups that have been touting Putin’s social conservative crackdown as a model for Europe. Last month, Puppinck joined a delegation of French activists in a visit to Russia to meet with leaders of the Russian Orthodox Church and members of parliament to discuss partnering in “protecting traditional values.”
Although participants in the meeting said that they avoided foreign policy subjects, the visit by the delegation just a few weeks after Russia’s seizure of Crimea provoked some controversy in France, including criticism from a French Catholic leader who said, “If they think that Russia protects human rights, they should go for a tour of Crimea.” The magazine Nouvel Observateur accused the delegation of endorsing Putin’s propaganda of “Russia as a paradise of Christian values.”
In response to the Nouvel Observateur piece the president of the leading French anti-gay group Manif Pour Tous denied that anybody of authority in her group had participated.
But the ECLJ was far from shy about its own participation. According to the Russian Orthodox Church’s representative in Strasbourg, it was Puppinck who requested that he organize the delegation of French activists who support “the traditional concept of the family and oppose abortion, euthanasia, etc.”
We haven’t been able to find any detailed accounts of the visit, but one member of the delegation, the Russian Orthodox church’s representative in Strasbourg, repeated the idea of Russia as the moral protectors of Europe. “Russia is a unique country in Europe,” said Abbot Philip Rybykh. “It seeks to protect the natural order of life, and not the various deviations from it.”
Another report notes that the delegates reached the conclusion that “Western societies would do well to emulate” Russia’s “religious awakening.”
Puppinck reportedly said during the visit that he was “very impressed” by Russia’s newly established “moral” policies, specifically citing the drop in the country’s abortion rate. Russia’s anti-gay policies and protecting Europe from the “contagion” of gay rights were also reportedly objects of discussion.