Bad Blood

Since Morales’ inauguration, his lack of confidence in the Catholic Church hierarchy and ecclesiastical officials’ susceptibility about possible impact of constitutional and education reform led to recurring bouts of friction and verbal sparring. President Morales recently denounced the Church as “an ideological instrument of domination,”¹  perpetuating this unproductive cycle.  Bolivian Cardinal Julio Terrazas has likewise been accused of using the pulpit to denounce MAS leadership, going against Church mandates on ecclesiastic neutrality. This unfortunate dynamic impedes potential dialogue between government and religious leaders as well as Church mediation in social conflicts. In spite of this prolonged impasse, the text of the constitutional draft does not reflect an anti-Catholic bias.

The Church Weighs In

The political opposition employs emotional arguments to sway the mainstream Bolivian Catholic community to influence their referendum votes. In May of 2008, Cardinal Terrazas spoke out against the MAS agenda at the General Conference of Latin American Episcopal Faith in Sao Paulo, claiming that, “A democracy without values [referring to the MAS government…] can easily become a dictatorship and end betraying the people.”²  However, Church officials are currently more careful to distance themselves from misguided religious propaganda.  For example, although influential Bishop Jesus Juarez recently leveled a list of ten complaints regarding the constitutional draft, he also expressed disappointment that images of Christ are being used in TV propaganda telling viewers to choose God or the MAS agenda. Juarez, along with other clergy, insists that the Church is not responsible for these advertisements.

Juarez paired his complaints with what he viewed as ten positive reforms presented in the proposed constitutional draft, such as the inclusion of campesino and indigenous sectors that have been “historically marginalized.”³ 

It is also interesting to note that the new constitution actually fulfills many Catholic Church petitions for constitutional guarantees prior to the Constitutional Assembly in 2007 (see photo).

1.    The religious reality of the Bolivian nation
2.    Freedom of religion
3.    The right to public education
4.    The right for parents to choose their children’s education
5.    The option for private education
6.    Religious education as a part of integral education
7.    The Catholic Church as a formally-recognized institution with legal rights
8.    State  responsibility to protect marriage, the family and pregnancy
9.    Marriage defined as the union between a man and a woman
10.    The right to life from conception to natural death.

The Catholic Church proclaims its demands of the Constitutional
Assembly in a banner hung on the cathedral in Sucre. Photo courtesy of Lily Whitesell.
© July 31, 2007.

More progressive members of the clergy Church have supported the new constitutional draft. Jesuit Xavier Albó protests the manipulation of “religious sentiment” in the campaign against the constitutional draft, calling it “shameful, if not ridiculous.”⁴  He goes on to state, “Ecumenism and inter-religious dialogue is the religious and Christian version of interculturality.”⁵

Opposition Interpretation vs. Constitutional Text

Separation of Church and State: Catholic Church officials expressed concern on January 15 that the new constitution does not specifically address the historical and cultural importance that his faith has represented in Bolivia.

• The current constitution recognizes Catholicism as the official State religion, but guarantees the liberty to practice other faiths.⁶

• The proposed constitutional draft stipulates the separation of church and state and freedom of religion.⁷

Gay Marriage: Evangelical Christian leaders have expressed their unfounded fears that the new constitution would legalize gay marriage, although their arguments published in Bolivian press are confusing and unclear.

• In fact, the proposed constitution defines marriage specifically as the union between a man and a woman, while the current constitution does not.⁸  Theoretically, this would make it more difficult to legalize gay marriage.

• Furthermore, the constitutional text regarding common law marriage is virtually unchanged in the proposed draft.  As a result, the possible of legalization of gay marriage would not vary significantly under the new constitution, and perhaps would be even less likely.

Abortion: Opposition and conservative religious leaders also present the baseless accusation that the draft’s section on fundamental family rights of the family would permit the legalization of abortion.  Initially, constitutional assembly members from many parties – including MAS – supported a specific ban on abortion in the draft. With the eventual elimination of this disposition, anti-abortion proponents feel that they have lost ground.

• Actually, the proposed constitution guarantees “physical, psychological and sexual integrity,” ⁹ protecting Bolivians from the abuse of sexual rights.

• Moreover, although the proposed draft stipulates “The right of women and men to exercise their sexual and reproductive rights,” this article appears in the section detailing family rights, recognized as the “fundamental nucleus of society.”¹⁰  Given these parameters, the discussion of reproductive rights actually seems quite conservative.

Religious Education: Opponents also expressed concern that the new constitution will significantly change the educational system, eliminating the possibility to teach religion as an academic subject and promoting indigenous culture and beliefs above Christian values.

• In fact, the proposed draft recognizes freedom of religion in all educational institutions, and encourages teaching respect for all faiths and traditions. It also prohibits religious discrimination in student enrollment policy and advancement.¹¹ 

• The current constitution is less specific, and simply guarantees “freedom of religious instruction.”¹²

• Furthermore, the constitutional draft also respects “mothers’ and fathers’ right to choose the most appropriate education for their daughters and sons,”¹³  maintaining the option to choose Catholic or other religious schools. The proposed constitution also recognizes the importance of public schools administered by (mostly Catholic) religious authorities, and continues to allow these institutions to function.¹⁴  In general, these schools are better funded and have better supplies, but are free for students.

Misunderstanding Leads to Exaggeration of Impact

In spite of heated verbal battles between the Morales Administration and high-ranking Church officials, as well as a high level of political debate regarding religion leading up to the constitutional referendum, the new draft respects the rights of Bolivian Catholics as well as members of all other faiths. Furthermore, although Church officials may perceive they have lost ground with the separation of Church and State, this mandate is a crucial aspect of the foundation for most modern democracies. Although public concern about religious topics in the proposed draft persists, many of the stated Church priorities have been addressed in the document. Continued, misguided debate reflects both a lack of knowledge of reforms proposed in the draft as well as a faulty understanding of the current constitution. Ultimately, the impact of reforms related to religious rights, along with other key issues addressed the constitution will depend a great deal upon the subsequent passage and implementation of legislation clarifying these changes.

¹ La Razón, “Morales radicaliza los ataques a la Iglesia y se aleja más de ella.” 12 December 2008.
² La Razón, “Rasgos totalitarios del actual gobierno.” 2 September 2008.
³ Los Tiempos, “Empresarios llaman a rechazar Constitución en Bolivia.” 15 January 2009.
⁴ La Razón, “Constitución política y religión.” Xavier Albo, 11 January 2009.
⁵ Ibid.
⁶ Current Constitution, Article 3. “The State recognizes and sustains the Holy Roman Catholic religion. It guarantees the public practice of other faiths. The relationship with the Catholic Church is governed by accords and agreements between the Bolivian State and the Holy See.”
⁷ CPE, Article 4. “The State respects and guarantees freedom of religion and spiritual beliefs, in agreement with their worldviews. The state is independent of religion.”
⁸ Current constitution, Article 194.I: “Marriage is based on the equality of rights and responsibilities of the parties involved.”
Proposed constitutional draft, Article 63: “Matrimony between a woman and a man consists of legal agreements and is based in the equality of rights and responsibilities of the parties involved.”
⁹ CPE, Article 15.I.
¹⁰ CPE, Article 66.
¹¹ CPE, Article 86. “Educational centers will recognize and guarantee the freedoms of thought and faith in religious instruction, just as the spiritual beliefs of the indigenous campesino nations and groups will be recognized. Mutual respect and cohabitation between persons of diverse religious options will be encouraged, without dogmatic imposition. There will not be religious discrimination in the registration and permanence of students in these institutions.”
¹² Current Constitution, Article 182.
¹³ CPE, Article 88.II.
¹⁴ La Razón, “Constitución política y religión.” Xavier Albó, 11 January 2009.