Sean Rego ’26
Opinions Editor
In late August of this year, President Volodymyr Zelenskyy signed a pivotal piece of legislation: Law 8371. In essence, this law demands the severing of any ties between the Orthodox churches in Ukraine with the Patriarchate of Moscow, of which the former is under jurisdiction. It would be “spiritual independence”, as the president’s office has put it, as Ukraine has inconveniently been conjoined to her Eastern neighbor churches for many centuries. No longer does Ukraine recognize religious authority (or thus any churches) directed from Moscow.
Even before its officialization, the traditionalist Ukrainian Orthodox Church (UOC) decried Law 8371 as “a struggle against God” with their Russian counterpart, calling upon Christians worldwide to denounce its limitations of religious freedom. From both the Russian Orthodox Church and UOC (the latter being a branch of the former), this is not surprising rhetoric. However, what should perhaps draw attention to discuss this topic was what Pope Francis, the leader of over one billion Catholic Christians, said about Law 8371.
On August 24, His Holiness criticized Ukraine’s actions, with one of his pleas being “Please, let no church be abolished directly or indirectly: the churches are not to be touched.” Although Pope Francis has already voiced pacifist remarks on the Russo-Ukrainian War, these most recent comments have sparked considerable reverberations in the Catholic and Orthodox worlds. Patriarch Bartholemew (the de facto head of the Orthodox Church) has supported Ukraine’s decision, and more interestingly, so has the Major Archbishop Sviatoslav, leader of Ukraine’s Catholic Diocese. This division is a bad image for the Catholic Church, particularly in regards to the relationship between Ukraine and the Holy See. Yet even so, is the Pope wrong in calling out Law 8371? To be honest, I’m not sure.
You see, there is a question to be asked about religious freedom when it comes to Law 8371, which I think Pope Francis rightly brings up. Does religious regulation have a place in a modern, secular democracy? Surely the United States and many Western nations would lean against such a notion. Typically, the matters of church are not tampered with by the state. If a church wants to proclaim false rhetoric or even anti-nationalist statements, there is little one can do forcefully, at least from what I gather. Yet this is no longer the case in Ukraine. Since the collapse of the Soviet Union in the 1990s, Ukrainian Orthodox believers have had to choose whether they follow the guidance of their traditional Patriarch in Moscow or schismatic divisions based nationally. In the past few years, most Ukrainians identify with the pro-Ukrainian Patriachate Church called the Orthodox Church of Ukraine (OCU), though millions still stand with the pro-Russian Patriarchate UOC. For many of these followers, it can be assumed that politics is not the overarching topic of their religion, and simply they feel obligated to embrace their traditional hierarchy of the ROC. Perhaps here is where the Pope is trying to explain the danger of banning these citizens from praying in their temples of choice.
This question of religious freedom may also prove not only to be an ethical problem, but perhaps a strategic one as well. The ultimatum sent to Orthodox churches in Ukraine certainly does not improve the geopolitical situation in Eastern Europe. Even more than it has already, the Russian state will almost certainly use these as an excuse for further provocation. For example, what if Russia declares preliminary and strategic protection of loyal Orthodox communities in other neighboring countries, before they too lose their complete religious freedoms? If so, the neighboring Slavic states could be jeopardized, and thus, even if unintentional, Law 8371 may have unforeseen effects.
Simultaneously, it’s imperative we see this law from the perspective of Ukraine herself, who is embattled in a war of preservation against a stronger enemy. Even if minimal, one worries about the influence the Moscow Patriarchate may have on wavering Ukrainians; one cannot rule out the possibility that this religious leniency may breed unrest and sabotage within Ukrainian territory. Through this lens, I understand why Law 8371 has been conceived and passed. Additionally, perhaps the Pope speaks too strongly in saying that prayer itself is compromised; after all, these same believers can turn towards new churches with no major repercussions. Many in and outside of Ukraine will further point to the fact that Law 8371 does not technically violate the nation’s constitution and articles of religious freedom, as this would fall under national security.
Yet still, I find myself divided on this issue. Like many of her allies, America takes pride in having religious freedom, and thus we often support like minded nations. For us, a modern democracy should always respect the choice of its individuals, including where they prefer to pray. In Latvia, I noted that many still choose to attend Russian Orthodox churches, and by no means do these people intend ill on their fellow Europeans; the same can be said for a bevy of churches and houses of worship in the United States. By compromising on religious freedom, we know that we damage the lives of our fellow citizens, even if indirectly.
Although many are angry at Pope Francis’s remarks, I understand his concern. He may be a Catholic figure, but it is his duty to care for his fellow man (as it is such for any sensible person, I’d hope), particularly with such a questionable law that hurts the image of this democracy. Likewise, I do not agree with the howls of anyone instantly demonizing Ukraine as she steps towards (what is perceived as) “spiritual independence.” Like the First, Second and Third Romes, I too cannot agree whether to support or disapprove of Law 8371, because there is danger in both options. Ultimately, I would hold my belief that, if not handled carefully, Law 8371 can easily become a borderline problem for Ukraine’s preservation of religious freedom; yet, as we soberingly have been reminded by this war, borders do tend to have that cumbersome habit of shifting.
Featured image courtesy of Getty Images
Copy Edited by Lily Baumfeld ’27
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