Church and State in the New Paraguayan Constitution
By Pedro C. Moreno
Published February 1993
THE NEW CONSTITUTION OF PARAGUAY, recently ratified, replaces the 1967 document which contained some provisions outdated by modern events.
The new constitution states: “It is recognized: freedom of religion, worship and ideology without any limitations except those established in the constitution and law. No confession will have official status. No person shall be harassed, inquired of or compelled to profess his beliefs or doctrines.”
The prior constitution required the president of the republic “to profess the Catholic, Apostolic and Roman religion.” Likewise, the former constitution stated: “The official religion is the Catholic, Apostolic and Roman religion.”
Surprisingly, the Catholic Church of Paraguay joined an important number of Protestant churches and representatives of the main political parties, Liberal and Colorado, to ask for the separation of church and state and the elimination of the requirement of the president to profess Catholicism. Commenting on this move, Jesuit priest Jose Valpuesta, representative to the Coordination of Churches (a group composed of Catholic and Protestant churches), said: “As time has passed, it has become clear that it is better that society does not impose one religion upon the state.”
The Catholic Bishops Conference of Paraguay, in a pronouncement entitled “One Constitution for our Nation” signed by 14 bishops, on church-state relations stated: “The II Vatican Council pointed out with clarity the church-state relations based on autonomy and mutual respect of both parties…. both the state and the church will better fulfill their roles if they maintain their independence and seek a good cooperation between them.”
Referring to the notion of an official church, the document of the Bishops Conference of Paraguay states: “If at other times this nation completely identified itself with the Catholic religion, it was logical to talk about an official religion. Now pluralism better characterizes the civil society and it does not seem justified to have one church joined to the state, that, for this reason reflects something imposed by force upon the people. The church does not want to confuse the people nor confuse itself with the state.”
Finally, the Catholic Bishops of Paraguay declared: “The church, therefore, does not require anything except a just treatment according to its condition. And affirms with II Vatican Council that humankind has the right to religious freedom … which is based in the very dignity of the human person. All men should be respected in this matter. The liberty of conscience and worship must be mentioned in the law. The dignity of the person so requires.” In this way, the Catholic church of Paraguay gave its unconditional support to establish a broad regime of religious liberty in that country.
Of course, agreement on the relationship between church and state in Paraguay has not always existed. In fact, these relations have had an agitated and stormy history. After the foundation of the Republic and during the 19th century, the Catholic church and the Paraguayan people suffered under the dictatorship of Gaspar Rodríguez de Francia and the Lopéz regime.
These totalitarian rulers could not conceive of the existence of a government of the church with independent authority from civil government. The Catholic church was compelled to bow to the will of the dictators and was indirectly responsible for this situation. In the past, the Jesuits had taught total submission to the clerical will. The indigenous peoples had not been educated on their rights and responsibilities, displaying simply a “passive obedience.” Thus the Catholic church unwittingly allowed a system of oppression to arise.
To better accomplish his purposes, Rodríguez de Francia confiscated ecclesiastical property, prohibited the ceremonials, required the priests to be submitted to him and finally made himself the head of the church in the fashion of Henry VIII of England. In 1844, Lopéz approved a new constitution for Paraguay which allowed him to maintain the supreme authority of the country in his hands. This constitution also contained provisions on the right of the state to control the ecclesiastical patronage. The president controlled the churches, the clergy, appointed bishops and members of the ecclesiastical decrees, papal bulls, etc. In spite of protests from the Vatican, which were ignored by the dictator Lopéz, he was able to have the bishops proclaim from the pulpit that he was a ruler appointed by God and “the Lord’s anointed.” Any dissent in relation to the legitimacy of his acts was not only treason but heresy.
After the “tragedy of Paraguay” in which the republic was defeated by Brazil, Argentina and Uruguay, a new constitution was ratified in 1870 which established the Catholic church as the official religion of the state. However, a mere tolerance for other religions was assured through denying the congress any authority over the free exercise of religion and the guarantee to the inhabitants for the exercise of their religion.
The constitution of 1940 extended the same provisions. The government continued sustaining the salaries of the clergy and of teachers of seminaries, although the amounts were not significant. This was the state of affairs until the constitution of 1967 which has recently been changed.
Apparently, the above mentioned historical process convinced the Catholic hierarchy in Paraguay to work toward its total independence from the state by securing a constitutional provision separating the church from the state.
Pedro C. Moreno San Juan, a lawyer, is the representative of The Rutherford Institute for Latin America.
Forerunner - Home » The Forerunner Newspaper » Latin America
Your comments are welcome!
Massacre of Innocence (DVD)
Exposing The Occult Roots of Abortion
This presentation looks at the spiritual roots of abortion and exposes the myths surrounding child killing. Little known historical facts about abortion and how they relate to modern feminism are presented logically and accurately. Has been effective in converting many to a pro-life position.
Massacre of Innocence goes where no pro-life presentation has gone before in “tearing the lid off abortion” to reveal the spiritual realities we must battle if we will bring an end to this crime. The presentation is absorbing, fast-paced, informative and incredibly devastating to any attempt to justify abortion.
“… an extraordinary statement … a powerfully articulate presentation about what abortion really means, and why a great and moral nation like the United States must not allow the slaughter to continue.”
— Congressman Robert K. Dornan
Running time: 85 minutes
$19.95 — ORDER NOW!
Click here for more information
A Revival Account: Asbury 1970 (DVD)
What is true Revival and Spiritual Awakening?
Discover the answer in this eyewitness account by Dennis Kinlaw, President of Asbury College, Wilmore, Kentucky, who recounts the story of a visitation of the Holy Spirit in 1970. This is the presentation that has continued to spark the flames of Revival in the hearts of people around the world. Contains eyewitness footage from the Revival at Asbury College in 1970 in Wilmore, Kentucky.
Certain to challenge you to greater holiness and a deeper commitment to full-scale revival. Original news and private footage has been included. If you are a student who longs to see a spiritual awakening at your school, you must see this video!
“This simple video does a wonderful job of conveying something of God’s heart and power, Everyone we have ever shown this to has received an immediate impartation of faith for revival and the power of prayer.”
— Bob and Rose Weiner, Weiner Ministries Int’l
Running Time: 40 minutes
$19.95 — ORDER NOW!
Click here for more information
The Beast of Revelation: Identified (DVD)
Who is the dreaded beast of Revelation?
Now at last, a plausible candidate for this personification of evil incarnate has been identified (or re-identified). Ken Gentry’s insightful analysis of scripture and history is likely to revolutionize your understanding of the book of Revelation — and even more importantly — amplify and energize your entire Christian worldview!
Historical footage and other graphics are used to illustrate the lecture Dr. Gentry presented at the 1999 Ligonier Conference in Orlando, Florida. It is followed by a one-hour question and answer session addressing the key concerns and objections typically raised in response to his position. This presentation also features an introduction that touches on not only the confusion and controversy surrounding this issue — but just why it may well be one of the most significant issues facing the Church today.
Ideal for group meetings, personal Bible study — for anyone who wants to understand the historical context of John’s famous letter “… to the seven churches which are in Asia.” (Revelation 1:4)
Running Time: 145 minutes
$17.95 — ORDER NOW!
Click here for more information
The Real Jesus: A Defense of the Historicity and Divinity of Christ (DVD)
Who is the Real Jesus?
Ever since the dawn of modern rationalism, skeptics have sought to use textual criticism, archeology and historical reconstructions to uncover the “historical Jesus” — a wise teacher who said many wonderful things, but fulfilled no prophecies, performed no miracles and certainly did not rise from the dead in triumph over sin.
Over the past 100 years, however, startling discoveries in biblical archeology and scholarship have all but vanquished the faulty assumptions of these doubting modernists. Regrettably, these discoveries have often been ignored by the skeptics as well as by the popular media. As a result, the liberal view still holds sway in universities and impacts the culture and even much of the church.
The Real Jesus explodes the myths of these critics and the movies, books and television programs that have popularized their views. Presented in ten parts — perfect for individual, family and classroom study — viewers will be challenged to go deeper in their knowledge of Christ in order to be able to defend their faith and present the truth to a skeptical modern world – that the Jesus of the Gospels is the Jesus of history — “the same yesterday, today and forever” (Hebrews 13:8). He is the real Jesus.
Speakers include: George Grant, Ted Baehr, Stephen Mansfield, Raymond Ortlund, Phil Kayser, David Lutzweiler, Jay Grimstead, J.P. Holding, and Eric Holmberg.
Ten parts, over two hours of instruction!
Running Time: 130 minutes
$19.95 — ORDER NOW!
Click here for more information
Dr. Francis Schaeffer - How Should We Then Live? (DVD)
Special Two-Disc Set!
After 40 years of intense study and world-wide ministry, Dr. Francis Schaeffer completed his crowning work of scholarship – to present profound truths in simple film language. Dr. Schaeffer’s brilliant analysis of the past and predictions for current trends have proven so uncannily accurate that this amazing series still feels contemporary almost three decades after its initial release. Ultimately, Schaeffer concludes that man’s only hope is a return to God’s Biblical absolute, the truth revealed in Christ through the Scriptures.
Available for the first time on DVD, this documentary spectacular also includes intimate in-depth conversations with Francis and Edith Schaeffer. With the on-disc study guide, this presentation forms a unique course of comprehensive study. While this series forms an innovative analysis of the past, this outstanding work is more than history. Each episode focuses on a significant era, yet speaks clearly to 21st-century man with answers for modern problems.
$49.95 — ORDER NOW!
