Tag Archives: law

Preamble, schmeamble….right? Perhaps

In our search for interesting, challenging and critical perspectives on contemporary humanism, we occasionally find articles published via other venues that we think HumanistFreedoms.com readers may enjoy. This week, we found the following information (italicized below) on www.the-star.co.ke .

Image Courtesy: Wikipedia

A case has been filed in court seeking to make atheism illegal in Kenya. The court has been asked to declare as unconstitutional the Atheists in Kenya Society.

The argument for the ban is flimsy: the Preamble to the 2010 Constitution starts by acknowledging ‘the supremacy of the Almighty God of all creation“. Therefore atheists who deny God are denying the constitution.

The petition argues that this overrules the constitutional right to freedom of belief, conscience, religion and opinion.

Firstly, if God is all-powerful, surely he has permitted those atheists to exist. Would a court ban go against his will?

Secondly, religions like Buddhism and Taoism do not believe in a God. Would they be the next belief-systems to be banned as unconstitutional?

Thirdly, and perhaps most importantly, do these atheists do any harm to anyone? If they break the law and injure their neighbours, let them be punished. But if they live peaceably and are productive members of society, then leave them alone.

This court petition is the first step to bringing the thought police to Kenya to tell us what we are allowed to think. The petition should be thrown out.

It should seem ridiculous or preposterous that anyone might attempt to use a legal pre-amble (don’t take our word for it, read the document) to undermine a fundamental human right. And yet, here we have it – someone is trying to make that case.

It ought to make any and all individuals or organizations perk up their ears – not just humanist or atheist organizations, either. Consider that Kenya’s constitution carries a twenty-first century date. And just where might Kenya have taken this idea of a constitutional preamble front-loaded with a deity?

Consider the fact that Kenya is a member of the Commonwealth. And please further consider the fact that the Commonwealth has a program called the Commonwealth of Learning which (per their website) “is the world’s only intergovernmental organisation solely concerned with the promotion and development of distance education and open learning. COL is hosted by the Government of Canada and headquartered in Burnaby, British Columbia Canada. Created by Commonwealth Heads of Government, COL encourages the development and sharing of open learning/distance education knowledge, resources and technologies. COL is helping developing nations improve access to quality education and training.”

Image Courtesy Athists in Kenya Society

And finally consider that one of the Commonwealth of Learning’s programs happens to be a training program in Legislative Drafting – the writing of laws. Note that Athabasa University, based in Alberta, currently offers a Post-Baccalaureate Diploma in Legislative Drafting. It seems to be not unreasonable to connect a these particular dots. Two separate and equal nations in the Commonwealth happen to cooperate in educating and training the individuals whose profession is to craft the verbiage of laws. Canada in particular bears a leadership role in this area of Commonwealth operations.

How similar are these constitutional pre-ambles?

Canada’s Constitution Act (1982) has a preamble which states “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.

Meanwhile, Kenya’s Constitution Act (2010) preamble states “Acknowledging  the supremacy of the Almighty God of all creation

Canada’s constitutional preamble is a bad precedent with readily identifiable mechanisms for distribution and influence. Whether the situation in Kenya is dismissed (as it ought to be) or otherwise fails, we can’t yet know. And is hardly the point. The point is that ideological fanatics will attempt to leverage every and any opportunity to advance their position. It is shortsighted, at best, to view things otherwise.

Canada finally rid itself of the dangerously ridiculous and anachronistic blasphemy law (the former Section 296) in 2018. We can only assume that political leaders must have been confronted by the hypocrisy of advocating against blasphemy laws around the world (via the former Office of Religious Freedom) while maintaining a blasphemy law on its own books.

Did you notice that the US Supreme Court Judges who turned against Roe v Wade are all Catholic? Well, according to Catholic News Agency, they appear to be. A coincidence, no doubt.

Suddenly, we can see the potential for harm lurking within the slightest hint of theism in secular law and decision making.

Citations, References And Other Reading

  1. Featured Photo Courtesy ofhttps://atheistsinkenya.org/
  2. https://www.the-star.co.ke/opinion/leader/2022-09-28-atheist-petition-could-bring-thought-police/

The views, opinions and analyses expressed in the articles on Humanist Freedoms are those of the contributor(s) and do not necessarily reflect the views or opinions of the publishers.