Defining the limits of exceptionalism

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: Among family-law buffs, the case is seen as a key example of the messy ways in which religious and civil law can get entangled. It concerns an Italian couple who wed in a Catholic church in 1962. After 25 years of less-than-blissful union, she got a legal separation from a civil court, which told him to make monthly maintenance payments. But he had other ideas: he convinced an ecclesiastical court that their union had never been valid, because they were close blood relations.

After vain appeals to various civil and religious courts in Italy (to which she complained that she never got a chance to tell her story), she turned to the European Court of Human Rights, which in 2001 ruled in her favour and made a modest compensation award. The

European judges in Strasbourg had no jurisdiction over church courts—but they did find that Italy’s civil judges failed to assess the religious courts’ work or note the deficiencies.

In every democratic and more-or-less secular country, similar questions arise about the precise extent to which religious sub-cultures should be allowed to live by their own rules and “laws.” One set of questions emerges when believers demand, and often get, an opt-out from the law of the land. Sikhs in British Columbia can ride motorcycles without helmets; some are campaigning for the right not to wear hard hats on building sites. Muslims and Jews slaughter animals in ways that others might consider cruel; Catholic doctors and nurses refuse to have anything to do with abortion or euthanasia.

Even in determinedly secular states like France and the United States, the political authorities often find that they are obliged, in various ways, to cope with the social reality of religious belief. America’s Amish community, fundamentalists who eschew technology, has generally managed to get around the law with respect to social security, child labour and education. In France, town halls serving large Muslim populations ignore secular principles as they get involved in the ritual slaughter of sheep.

Apart from exceptions to existing laws, another sort of problem arises when religious (and other) communities establish bodies that work very much like courts—and may be called courts—that enforce ancient rules that are often called laws.