A letter from Katie Griffin in Argentina
September 2012
Dear friends,
These last few months have been busy, and fruitful here in Buenos Aires. The national legislators are considering a reform to the Civil and Commercial Code, which could, with much effort, publicity and prayer, create significant changes in the legal status of religious organizations that are not affiliated with the Roman Catholic Church. Let me give you a brief summary of the history of the relations between church and state in Argentina, based on the words of Dr. Fortunato Mallimaci, one of the foremost experts in the sociology of religion and religion in the public sphere here in Argentina. Parts of this letter are taken from an article by Mallimaci in the newspaper, Página 12, of August 24: http://www.pagina12.com.ar/diario/elpais/subnotas/201767-60237-2012-08-24.html
Throughout the 19th century in Argentina two major ideologies and social groups were wrestling to control political power in the newly organized Republic. The newly wealthy urban sectors that dominated commerce (national and international) espoused liberal and modernist ideals. On the other hand, the traditional rural landholders tended to espouse the conservative Catholicism of the late Spanish Empire. In this context, the liberals agitated for freedom of religious expression in order to facilitate commerce with Protestant countries in northern Europe, and to facilitate immigration of northern Europeans.
Needless to say, because of the social, cultural and political predominance of the Roman Catholic Church, the first constitution (1853) declared the Catholic Church to be the Church of State of the Argentine Republic. The current constitution (1994) reiterates this relationship.
The Civil and Commercial Code was reformulated in 1871 in an attempt to impose liberalism in all aspects of life. In this Code two kinds of juridical persons are recognized: public and private. Public juridical personas are “those created with an advisable objective for the people, and are the following: 1. The State; 2. Each of the federated provinces; 3. Each of their municipalities; 4. The Church; 5. Establishments of public usefulness, religious or pious, scientific or literary, corporations, religious communities, schools, universities, public limited companies, banks, insurance agencies, and whatever other associations that have for their primary objective the common good, as long as they possess their own patrimony and are able, by their statutes, to acquire goods, and do not subsist from assigned government allowances.”
The incipient process of militarization and catholicization that began with the 1930 golpe de estado puts this liberal hegemony on the bench. The Catholic Church no longer accepts being subordinated nor sharing “argentinity” with other religious groups, and becomes one of the central powers in the new hegemonies. The national government’s current index of non-Catholic worship groups is a typical example of the Catholic hegemony instated in 1930.
In 1968, again under a non-democratic dictatorial government, new changes were made to the Civil Code. Article 33 was formulated as follows: “Juridical persons may be of a public or private character. Those of public character are: 1) The national State, the Provinces and the Municipalities. 2) Economically self-sufficient entities. 3) The Catholic Church. Those of private character are: 1) Associations and foundations that have as their primary objective the common good, possess their own patrimony, are enabled by their statutes to acquire goods, do not subsist exclusively from government assigned allowances, and have obtained authorization to function. 2) Civil and commercial societies or entities that in conformity with the law have the capacity to acquire rights and contract obligations, even though they do not require express authorization from the State in order to function.”
This dictatorship decided, only recently at this moment of history, that the only religious institution that is considered of public right is the Catholic Church, and at the same time it eliminated the 5th clause of the 1871 Code cited above. These other religious organizations are made invisible. The only true religious institution that distributes the common good and defends the patria is now the Catholic Church.
The last civic-military-religious dictatorship (1976-1983) not only followed in this same line, but also gave its thanks to the counsel of the ecclesiastic institution by inventing the “Index of non catholic Worship groups” and by establishing honoraria / salaries for active and retired bishops. According to Mallimaci, democracy in Argentina has a huge debt pending in questions of religious equality.
The Reform that is currently under examination replaces this article 33 with two others: “Art. 141. Juridical persons are public or private; Art. 142. Public juridical persons are: a) the national State, the Provinces, the Municipalities, those entities that are economically self-sufficient, and other constituted organizations in the Republic to which the juridical ordinances attribute this character; b) Foreign governments and international government organizations; c) The Catholic Church. Art. 143: Private Juridical personas: all those juridical persons that are not public, are private.”
Mallimaci insists that a new change to the Civil Code, for the first time in a democracy, cannot repeat that the Catholic Church is a juridical entity at the government level. If the liberal hegemony of the 19th century subordinated the Catholic Church as a functionary and the military hegemony of the 20th considered it as an equal in power, then a democratic and participatory proposal must change the paradigm.
Catholicism and other religious expressions in post-secular societies belong to the heterogeneous and plural public space of civil society and cannot be assimilated or colonized by the State. Religions are not government institutions. This is not a religious problem, nor can it be ignored by the authorities of the Supreme Court and the legislators. Mallimaci concludes his article saying that to maintain the Catholic Church as if it were a government institution consolidates old paradigms, denies a pluralist and diverse society, and impedes the consolidation of religious citizenship and democracy.
These changes in the Civil Code are obviously of interest at ISEDET, which is the only Protestant institute of theological education that offers official degrees in Argentina. Under current law, Catholic institutes of theology automatically receive government funding. We are striving to communicate with and educate legislators so that they can make informed decisions that will benefit all Argentines, be they Catholic, Methodist, Pentecostal or Buddhist.
You can help by praying and by encouraging any Argentine immigrants in the States to write to their legislators in Argentina.
In my own life and work, God has been answering many prayers, for which I am extremely grateful. My health concerns seem to be getting into order, simply by my taking a fairly high dose of vitamin D every morning and maintaining a consistent exercise schedule. I have also finally finished all of my course work requirements for the doctoral degree, my thesis project has been approved, and I have been officially launched into the redaction of my thesis. More news on this later.
We have also found a new school for our children for next year. The school year here starts in March. This is a relief, since according to tests that the kids took at the new school, Noelia is more than two months behind in her schoolwork. This is not because she is lazy or lacks intelligence. It is because the group she is with at the public school is behind by a whole semester! Please continue to pray for Noelia and Brian as they face adjustment to a new school, new friends, new rhythms in everyday life. You can donate online, if you wish to support my salary needs at: https://www.presbyterianmission.org/give/E200350/ (or use the "Give" link below).
ISEDET continues to need your prayers as we continue the reorganizational process that the Ministry of Education requires in order to finalize the officialization of our programs. You can also help by making a small, one-time gift at: http://gamc.pcusa.org/give/E052133/.
I have one more request to share. Presbyterian World Mission has asked me to update the address list that I have on file with them. This list will be used for sending paper copies of my newsletters out via bulk mail, and I need a minimum of 200 addresses. If you or anyone you would like to receive paper copies of my newsletters, please send me their names and addresses at kathleen_m_griffin@yahoo.com.ar.
May God also grant wisdom to the citizens of the U.S. who will be voting in this year's elections, as well to whichever of the candidates wins. May we be a people of Peace, Life and Hope, to all in our Lord, Jesus Christ.
Your fellow pilgrim on the journey,
Katie Griffin
The 2012 Presbyterian Mission Yearbook for Prayer & Study, p. 26
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