Monday, October 17, 2005

In Philippines, Senator Claims Permitting March Would Violate Establishment Clause

The Philippine Constitution has an Establishment Clause virtually identical to that in the U.S. Constitution. The Philippine Star today reports on a controversy over the meaning of that clause growing out of a political demonstration held last Friday. Under Philippine law, marches and demonstrations are limited to the location in the rally permit granted by the government. A number of Catholic bishops and priests were part of the group that violated that requirement and were hosed down by police while marching peacefully from Plaza Miranda in Quiapo, Manila in what they called a "prayer rally". Philippine Sen. Miriam Defensor Santiago criticized the marchers saying "The Catholic religion does not possess the governmental power to determine the venue of any rally." Because of the Establishment Clause, Santiago said that the attempt of the protesters to change the authorized venue for the rally by using two bishops, a priest and a few nuns constituted excessive entanglement. "It would turn over the traditional governmental power to regulate public assemblies to a few Catholic bishops and religious," she added. "No religion can serve to camouflage law disobedience by invoking freedom of religion. That would be creeping theocracy," Santiago said.