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Expert: Ukraine’s Ban on Russian Orthodox Church Is Compatible with Religious Freedom

Despite GOP concerns over government interference, local evangelicals agree that the historic church must fully separate from its Moscow parent.

Orthodox priest blesses Ukrainian soldier's icon-decorated body armor.

Christianity Today September 13, 2024
Roman Pilipey / Stringer / Getty

During Tuesday night’s presidential debate, Kamala Harris accused Donald Trump of a fondness for dictators, alleging that he supported a negotiated settlement with Vladimir Putin following Russia’s invasion of Ukraine. Trump, declining to affirm that a Ukrainian victory would serve US interests, replied that if he were still in the Oval Office, the war would never have happened, and he claimed that he could bring it to an end even as president-elect.

Both candidates failed to address the most salient current issue on Ukraine for evangelicals: religious freedom.

Last month, the Ukrainian parliament overwhelmingly approved a proposal to ban the activities of the Russian Orthodox Church (ROC) and compel the Ukrainian Orthodox Church (UOC) to break all ties with the patriarchate in Moscow. President Volodymyr Zelensky signed the bill into law, hailing his nation’s “spiritual independence.”

Some Republicans, including vice-presidential candidate J.D. Vance, have accused Ukraine of “assault[ing] traditional Christian communities.” Vance linked these alleged violations to the continuation of US military support, stating that military aid should be used as leverage to ensure religious freedom.

The charge is nonsense, said a leading Ukrainian expert in an interview with CT.

The law, said Maksym Vasin, director for international advocacy and research at the Institute for Religious Freedom in Kyiv, is meant to protect Orthodox believers in Ukraine from Russian propaganda. The State Service for Ethnic Policy and Freedom of Conscience (DESS) studied ROC and UOC documents to demonstrate the continuing link between the two churches, despite the UOC’s postwar assertion of independence. Each of the UOC’s 10,000 parishes has now been given nine months to demonstrate that it is not connected to the ROC, subject to court judgment.

However, the GOP is not alone in its concern.

Pope Francis stated last month that no church should be abolished “directly or indirectly” based on how its people pray. The World Council of Churches urged “caution.” And according to various reports, Ecumenical Patriarch Bartholomew I, considered first among equals in the Orthodox world, sent a delegation to Ukraine to inquire about canonical structure and whether individual UOC parishes are being forcibly transferred to the rival Orthodox Church of Ukraine (OCU).

The state said 1,500 parishes have voluntarily aligned with the OCU since 2018.

In 2019, Bartholomew granted autocephaly (canonical independence) to the OCU, a then-schismatic body that had earlier broken off ties with Moscow. The move, supported by the United States, shifted OCU allegiance to the ecumenical patriarch’s church in historic Constantinople.

Orthodoxy first spread among the Slavic people from Kyiv, which was joined to the ROC in 1686. Following passage of last month’s law, the OCU reached out to the UOC for dialogue, emphasizing the need for unity and reconciliation.

CT spoke with Vasin, who contributed a chapter analyzing an earlier draft of the law in last year’s Security, Religion, and the Rule of Law, about the response of Ukrainian evangelicals, the limits of individual criminal prosecution, and whether the law should be considered a “ban.”

Please explain the aim of the new law.

The law aims to terminate Russian influence on Ukrainian society through Russian religious centers and to limit the propaganda of the chauvinistic ideology of Russkiy Mir (Russian World) in Ukraine. Ever since Soviet times, Russia has systematically used religion and religious centers of various denominations, primarily the ROC, as a tool of propaganda to achieve its military and geopolitical goals.

Churches are then manipulated to exert totalitarian control over their citizens or are closed down if they refuse to cooperate. This repressive policy is clearly visible in the eastern and southern regions of Ukraine, annexed following the Russian invasion. There, the Russian authorities are carrying out brutal repression against Ukrainian Christian churches and religious communities of various denominations, including Muslims and Jews who do not support Russian aggression.

Putin and the Kremlin want to maintain a key instrument of influence in Ukraine, namely the ROC and its affiliated local Orthodox eparchies and parishes. For this reason, Russia is most vocal critic of the Ukrainian government’s initiatives aimed at protecting religious freedom from abuse.

Is the new law a “ban” of the UOC?

It is a ban of the ROC in Ukraine, because of its open support for Russia’s  war.

It is not an immediate ban on the activities of the UOC, which is not even directly mentioned. The government will issue directives to break administrative and canonical subordination to the ROC or other Russian religious centers. If a religious community refuses to sever these ties, the government will have the right to apply to the court to terminate the activities of this legal entity, given the danger to national and public security. But if the defendant parish complies during these hearings, the court case will be dismissed.

Thus, it is wrong to say that this law bans the UOC. Instead, the law allows this church and any other religious associations in Ukraine to liberate themselves from the influence of Russian intelligence services and stop being mouthpieces for Russian propaganda.

It is up to the UOC priests and parishioners to decide whether they will continue to agree to be used by the Kremlin or whether they will end their dependence on the ROC and Russian authorities.

Your analysis of an earlier version of the law advised the government to concentrate on individual criminal proceedings against clerics who collaborated with Russia. Why is this not a sufficient safeguard against Russian interference?

Religious communities should not be responsible for the activities of their clerics, and a ban must be the last resort if other measures have been ineffective. But in recent years, it has become increasingly clear that the ROC is losing the features of a religious organization and has become an instrument of political influence in the hands of the Kremlin.

Therefore, now, when it comes to the existence of the people of Ukraine in the face of genocide committed by the Russian military, the UOC must make a clear choice to refuse any ties with the ROC. This is a reasonable requirement of the law that meets the expectations of Ukrainian society, which is on the verge of survival.

The UOC can fulfill this simple legal requirement and continue to exist legally in Ukraine. However, when the UOC bishops refuse to obey the law and claim persecution, it becomes evident that its leadership wants to maintain its dependence on Moscow.

Court rulings will consider the assessment of DESS. But its previous director, prior to her removal, reviewed changes in UOC internal canons and stated in 2022 that it was independent of Moscow.

It is not enough for the UOC to declare independence alone. It must be confirmed not by words but by practical actions, such as the condemnation of traitorous bishops and priests who have collaborated with Russia—especially in the ROC-annexed UOC eparchies of Crimea, Berdiansk, and Kherson.

The government has several requirements for the UOC, the fulfillment of which could demonstrate not declarative but actual termination of influence from Moscow.

The UOC has already condemned the war, stopped prayers for the ROC’s Patriarch Kirill, and called on Ukrainian members to defend their country against Russian aggression. Why is canonical separation necessary?

Some UOC bishops and priests continue to pray for Kirill and do not condemn his statements justifying Russian aggression, such as calling it a “holy war.” At present, it does not appear that the entire UOC leadership has severed its ties with Moscow. Each case should be considered separately. And if senior leaders refuse to comply with the government’s legitimate demands, the individual parishes can prove in court that they have done everything to be independent of Russia’s influence.

Slavic nations have fought wars previously without shifting religious orientation. Should religious liberty allow citizens and clerics to adhere freely to the spiritual heritage of either Kyiv or Moscow, independent of current politics?

Freedom of religion is a fundamental human right. But it should not be abused for political purposes, especially in the context of a brutal war to destroy Ukraine. If we look at history, Moscow illegally established its canonical influence over the UOC. Now, the Ecumenical Patriarchate is trying to correct this historical injustice. The Ukrainian government’s intervention in this process is necessary only because the UOC leadership allows Russia to use it to spread the “Russian World” propaganda, collaborate with the Russian military, and weaken Ukraine’s resistance.

How have Ukrainian evangelicals responded to this law?

The Ukrainian Council of Churches and Religious Organizations (UCCRO), except the UOC, supported President Zelensky’s initiative to protect them from Russian influence. The council includes various evangelical churches, including Baptists, Pentecostals, Adventists, and Lutherans. Their statement condemned the ROC, calling it an accomplice to the “bloody crimes of the Russian invaders.” The council furthermore confirmed that religious rights and freedoms are respected in Ukraine, even in the face of a brutal war.

Evangelicals, like the other denominations, see that the main threat to religious freedom in Ukraine is Russian aggression, which has killed dozens of clergymen and destroyed hundreds of churches and houses of worship in Ukraine.

The Orthodox world is divided about the legitimacy of the Ecumenical Patriarch’s recognition of the OCU. And some argue that this law is evidence of government persecution of the UOC, to compel their merger. Should there be one Orthodox church in Ukraine, or does religious freedom demand a plurality if believers so choose?

This law does not force Orthodox churches to unite. Since 1991, every religious community in Ukraine, as a legal entity, has the right to freely and independently choose its canonical subordination. The only restriction is the prohibition of ties with countries that have committed armed aggression against Ukraine, meaning Russia.

Religious pluralism is a sign of flourishing religious freedom, of which Ukraine can be proud and can continue to cherish.

What consequences will Ukraine suffer if the UOC continues to protest this law?

The UOC is advised to break ties with Russia now and not wait for a court judgment. Even if the court bans some local parishes, their members can continue to freely practice their faith and hold worship services without the status of a legal entity. Unlike Russia, Ukrainian legislation allows unregistered religious communities to operate and retains a broad scope of religious freedom for their members regardless of denomination.

But it would be beneficial for Russia if the UOC ignored the law and continued to play the role of a martyr church. The Kremlin will undoubtedly use future court decisions against the UOC to spread propaganda about religious persecution, while concealing their war crimes against Ukrainian churches in the occupied territories.

I hope the government will implement this law without haste and in accord with legal procedure, to protect Ukraine’s religious communities from Russian influence.

Some Republicans argue that the issue of religious freedom is one reason the US should stop contributing to the war effort in lieu of a negotiated settlement. How would you respond?

Despite undisputed US commitment to freedom of speech, the House of Representatives is not averse to debating a bill to ban TikTok over its links to China, due to concerns about national security interests. Similarly, the law adopted in Ukraine seeks to protect Ukrainian society from “Russian World” ideology and the influence of Russian intelligence services through the churches, while remaining unequivocally committed to the value of religious freedom.

The Kremlin uses religion as a tool of war. Russia will use any reason, real or fake, to deprive Ukraine of international military support.

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