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Bias and Religious Truth-Seeking in Proselytization Restrictions: An Atypical Case Study of Singapore

  • Jianlin Chen
Abstract

Proselytisation restrictions are typically subjected to two objections. First, these restrictions curtail religious liberty and impede religious truth-seeking. Second, these restrictions tend to favour politically dominant religions and discriminate against minority religions. The restrictions on offensive religious propagation in Singapore thus present an interesting departure in which sanctioned religions are not politically marginalised religions, whereas protected religions include numerical minority religions that are socially, economically, and politically disadvantaged. This article utilises the atypical case study of Singapore to highlight the limitations of the two typical objections toward proselytisation restrictions. In particular, the emphasis on religious truth-seeking underpinning these objections is premised upon a distinct set of religious worldviews not shared by the majority of religions in Singapore. This article posits that if religious truth-seeking is no longer the accepted normative goal, then there may be circumstances in which some limited and even-handed restrictions on offensive religious propagation are sufficiently justified on the grounds of social peace and harmony.

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Corresponding author
* Department of Law, University of Hong Kong, Cheng Yu Tung Tower, Pok Fu Lam, Hong Kong, E-mail: jianlin@hku.hk
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Assistant Law Professor (University of Hong Kong), JSD Candidate (University of Chicago), LLM (University of Chicago), LLB (University of Singapore). Admitted to the bar in New York and Singapore.

1 Timothy L., Hall, “Toleration and Dogmatism: The Contribution of Baptists to Law” in Cochran, Robert F. Jr., ed., Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (New York University Press, 2008) at 77, 85 ; Kosmin, Barry A. & Keysar, Ariela, Religion in a Free Market (Paramount Market Publishing, 2006) at 11 ; Radan, Peter, “International Law and Religion: Article 18 of the International Covenant on Civil and Political Rights” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 9, 17 ; Andrew Chesnut, R., Competitive Spirits: Latin America’s New Religious Economy (Oxford University Press, 2003) at 11.

2 Hackett, Rosalind I.J., “Revising Proselytization in the Twenty-first Century” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 1, 3–4 ; Todd Parker, M., “The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR” (2006) 17 Duke J. Comp. & Int’l L. 91, 91–92. See infra II.B.

3 Li-ann Thio, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) 2010 S.J.L.S. 484, 488–493. See Kao, Grace Y., “The Logic of Anti-proselytization, Revisited” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 76 (discussing and critiquing the various arguments supporting restrictions on proselytization).

4 Examples include Malaysia, Greece and India: see infra II.A.

5 Infra III.B.

6 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at para. 28 & 33 (hereinafter “Ong Kian Cheong case”); Khushwant Singh, “Jailed for ‘wounding feelings’ of Muslims” The Straits Times (7 August 2010). See infra III.C.

7 Infra IV.A. See generally Zewei, Zhong, “Racial and Religious Hate Speech in Singapore: Management, Democracy, and the Victim’s Perspective” (2009) 27 Sing. L. Rev. 13 (discussing the Singapore incidents from the perspective of hate speech).

8 Tai-Heng Cheng, “The Central Case Approach to Human Rights: Its Universal Application and the Singapore Example” (2004) 13 Pac. Rim L. & Pol’y J. 257, 270. For discussion of the Internal Security Act, see infra III.B.2.d.

9 Li-ann Thio, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) 2010 S.J.L.S. at 489 & 506–508; Jaclyn Ling-Chien Neo, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) 2011 S.J.L.S. 351, 364–366. See infra V.

10 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 13.

11 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 184 , 187; DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 252, 257 . Infra V.A.

12 Infra V.A.

13 Infra V.B.

14 Infra V.C.

15 Li-ann Thio, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 508–509.

16 Jaclyn Ling-Chien Neo, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 354; Li-ann Thio, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S at 493.

17 Lawrence Rosenthal, “First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech” (2011) 86 Ind. L.J. 1, 61–62 & 61 n. 288; Steven G. Gey, “The First Amendment and the Dissemination of Socially Worthless Untruths” (2008) 36 Fla. St. U.L. Rev. 1, 6–9; Geoffrey R. Stone et al., Constitutional Law, 5th ed. (Aspen Publishers, 2005) at 1054–1056; William P. Marshall, “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. 243, 256.

18 Conkle, Daniel O., “Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty” (2011) 32 Cardozo L. Rev. 1755, 1757–1762 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493 ; Ogilvie, M.H., “Between Liberté and Égalité: Religion and the State in Canada” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 134, 154 ; Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 255–256.

19 Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 371–372 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493.

20 Infra V.C.

21 Scolnicov, Anat, The Right to Religious Freedom in International Law (Routledge, 2011) at 198 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 484–487 ; Hackett, Rosalind I.J., “Revising Proselytization in the Twenty-first Century” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 3–4.

22 Scolnicov, Anat, The Right to Religious Freedom in International Law (Routledge, 2011) at 198–199 ; Kao, Grace Y., “The Logic of Anti-proselytization, Revisited” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008).

23 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 490–493 (noting but not endorsing the argument).

24 Art. 11(4), Constitution (Malaysia) (“State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.”).

25 See Abdullah, Nurjaanah @ Hua, Chew Li, “Legislating Faith in Malaysia” [2007] S.J.L.S. 264.

26 The criminalised proselytisation is defined as “any direct or indirect attempt to intrude on the religious beliefs of a person of a different religious persuasion (eterodoxos), with the aim of undermining those beliefs, either by any kind of inducement or promise of an inducement or moral support or material assistance, or by fraudulent means or by taking advantage of the other person’s inexperience, trust, need, low intellect or naivete.”: section 4, Greek Law No. 1363/68 (amended by Law No. 1672/39).

27 “Greece” in U.S. Department of State, International Religious Freedom Report (July–December 2010), online: <http://www.state.gov/documents/organization/171697.pdf> (last visited 1 February 2013); Kyriazopoulos, Kyriakos N., “Proselytization in Greece: Criminal Offense vs. Religious Persuasion and Equality” (2004) 20 J.L. & Religion 149 , 160.

28 Kyriazopoulos, Kyriakos N., “Proselytization in Greece: Criminal Offense vs. Religious Persuasion and Equality” (2004) 20 J.L. & Religion at 154–155.

29 “Greece” in U.S. Department of State, International Religious Freedom Report (July-December 2010), online: <http://www.state.gov/documents/organization/171697.pdf> (last visited 1 February 2013).

30 Neufeldt, Robert W., “To Convert or Not to Convert: Legal and Political Dimensions of Conversion in Independent India” in Baird, Robert D. ed., Religion and Law in Independent India, 2nd ed. (Manohar, 2005) at 381 , 399.

31 Berkwitz, Stephen C., “Religious Conflict and the Politics of Conversion in Sri Lanka” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 199 , 219.

32 By the Criminal Justice and Immigration Act 2008: Sandberg, Russell, Law and Religion (Cambridge University Press, 2011) at 131.

33 Barendt, Eric, “Free Speech and Religion: Secular and Religious Perspectives on Truth” in Sajó, András ed., Censorial Sensitivities: Free Speech and Religion in a Fundamentalist World (Eleven International Publishing, 2007) at 23, 37 ; Weller, Paul, “Equity, Inclusivity and Participation in a Plural Society: Challenging Establishment of the Church of England” in Edge, Peter W. & Harvey, Graham eds., Law and Religion in Contemporary Society (Ashgate, 2000) at 53, 61. See also Sandberg, Russell, Law and Religion (Cambridge University Press, 2011) at 131–139 (also discussing how the blasphemy law was in fact policed extra-legally notwithstanding the absence of official prosecution).

34 Barendt, Eric, “Free Speech and Religion: Secular and Religious Perspectives on Truth” in Sajó, András ed., Censorial Sensitivities: Free Speech and Religion in a Fundamentalist World (Eleven International Publishing, 2007) at 37 ; Weller, Paul, “Equity, Inclusivity and Participation in a Plural Society: Challenging Establishment of the Church of England” in Edge, Peter W. & Harvey, Graham eds., Law and Religion in Contemporary Society (Ashgate, 2000) at 61.

35 Hussain, Zahid, “Islamists Rally in PakistanWall Street Journal (10 January 2011) at A10 ; Farr, Thomas F., “The Widow’s Torment: International Religious Freedom and American National Security in the 21st Century” (2009) 57 Drake L. Rev. 851 , 861.

36 Hammond, Phillip E. et al., Religion on Trial: How Supreme Court Trends Threaten the Freedom of Conscience in America (Altamira Press, 2004) at 49 ; Hitchcock, James, The Supreme Court and Religion in American Life: Volume I The Odyssey of The Religion Clauses (Princeton University Press, 2004) at 33.

37 Leo, Leonard A. et al., “Protecting Religions from ‘Defamation’: A Threat to Universal Human Rights Standards” (2011) 34 Harv. J.L. & Pub. Pol’y 769 , 771.

38 Witham, Larry, Marketplace of the Gods: How Economics Explains Religion (Oxford University Press, 2010) at 115 ; Start, Rodney & Finke, Roger, Acts of Faith: Explaining the Human Side of Religion (University of California Press, 2000) at 199–200.

39 Koppelman, Andrew, “Corruption of Religion and the Establishment Clause” (2009) 50 Wm. & Mary L. Rev. 1831, 1835 ; Cochran, Robert F. Jr., “Evangelicals, Law, and Abortion” in Cochran, Robert F. Jr., ed., Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (New York University Press, 2008) at 91, 100–101.

40 Witham, Larry, Marketplace of the Gods: How Economics Explains Religion (Oxford University Press, 2010) at 148–152 ; Andrew Chesnut, R., Competitive Spirits: Latin America’s New Religious Economy (Oxford University Press, 2003) at 8–10 ; McConnell, Michael W. & Posner, Richard A., “An Economic Approach to Issues of Religious Freedom” (1989) 56 U. Chicago L. Rev. 1, 55.

41 Koppelman, Andrew, “Corruption of Religion and the Establishment Clause” (2009) 50 Wm. & Mary L. Rev. at 1902 ; Cochran, Robert F. Jr.,, “Evangelicals, Law, and Abortion” in Cochran, Robert F. Jr., ed., Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (New York University Press, 2008) at 101 ; Shiffrin, Steven H., “The Pluralistic Foundations of the Religion Clauses” (2004) 90 Cornell L. Rev. 9, 43–44.

42 One example is the “Peace Policy” instituted under President Ulysses S. Grant to provide funding for religious organisations that will assist in educating and “civilizing” the Indians. Most of the initial recipients were Protestant missionaries. However, when Catholics and other non-Protestants ended up with bulk of the funding (apportioned according to school enrolments), oppositions to the programs from Protestant community ensued: Hammond, Phillip E. et al., Religion on Trial: How Supreme Court Trends Threaten the Freedom of Conscience in America (Altamira Press, 2004) at 35–36.

43 Supra notes 24–37 and accompanying text.

44 Conkle, Daniel O., “Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty” (2011) 32 Cardozo L. Rev. at 1763 ; Thio, Li-ann, “Courting Religion: The Judge Between Caesar and God in Asian Courts” (2009) 2009 S.J.L.S. 52, 52 ; Todd Parker, M., “The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR” (2006) 17 Duke J. Comp. & Int’l L. at 91.

45 Esenberg, Richard M., “Must God be Dead or Irrelevant: Drawing a Circle that Lets Me in” (2009) 18 Wm. & Mary Bill Rts. J. 1, 37 ; Vickers, Lucy, Religious Freedom, Religious Discrimination and the Workplace (Hart Press, 2008) at 29–40 ; Thio, Li-ann, “Constitutional ‘Soft’ Law and Management of Religious Liberty and Order: The 2003 Declaration on Religious Harmony” (2004) 2004 S.J.L.S. 414, 417.

46 Kosmin, Barry A. & Keysar, Ariela, Religion in a Free Market (Paramount Market Publishing, 2006) at 11 ; Andrew Chesnut, R., Competitive Spirits: Latin America’s New Religious Economy (Oxford University Press, 2003) at 11 ; Radan, Peter, “International Law and Religion: Article 18 of the International Covenant on Civil and Political Rights” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 17 ; Hall, Timothy L., “Toleration and Dogmatism: The Contribution of Baptists to Law” in Cochran, Robert F. Jr., ed., Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (New York University Press, 2008) at 85. C.f., Berkwitz, Stephen C., “Religious Conflict and the Politics of Conversion in Sri Lanka” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 212 (noting distinction between evangelical Christian and mainline Christian churches which have “come to deemphasize the call to convert and instead focus on ministering to the already faithful”).

47 Andrew Chesnut, R., Competitive Spirits: Latin America’s New Religious Economy (Oxford University Press, 2003) at 11 ; Radan, Peter, “International Law and Religion: Article 18 of the International Covenant on Civil and Political Rights” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 17.

48 Hackett, Rosalind I.J., “Revising Proselytization in the Twenty-first Century” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 3–4 ; Todd Parker, M., “The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR” (2006) 17 Duke J. Comp. & Int’l L. at 91–92.

49 Radan, Peter, “International Law and Religion: Article 18 of the International Covenant on Civil and Political Rights” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 17 ; Kyriazopoulos, Kyriakos N., “Proselytization in Greece: Criminal Offense vs. Religious Persuasion and Equality” (2004) 20 J.L. & Religion at 168–179.

50 Thio, Li-ann, “Constitutional ‘Soft’ Law and Management of Religious Liberty and Order: The 2003 Declaration on Religious Harmony” (2004) S.J.L.S. at 422.

51 Berkwitz, Stephen C., “Religious Conflict and the Politics of Conversion in Sri Lanka” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 216 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 510.

52 Leo, Leonard A. et al., “Protecting Religions from ‘Defamation’: A Threat to Universal Human Rights Standards” (2011) 34 Harv. J.L. & Pub. Pol’y at 782 ; Conkle, Daniel O., “Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty” (2011) 32 Cardozo L. Rev. at 1757–1762 ; Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 255–260 (advocating the search for truth as a justification of the Religion Clauses).

53 George, Robert P., “Natural Law” (2008) 31 Harv. J.L. & Pub. Pol’y 171 , 183–184.

54 Smith, Rodney K. & Shea, Patrick A., “Religion and the Press: Keeping First Amendment Values in Balance” (2002) 2002 Utah L. Rev. 177 , 200.

55 Stone, Geoffrey R. et al., Constitutional Law, 5th ed. (Aspen Publishers, 2005) at 1054–1056 ; Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 256 ; Rosenthal, Lawrence, “First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech” (2011) 86 Ind. L.J. at 61–62 & 61 n.288; Gey, Steven G., “The First Amendment and the Dissemination of Socially Worthless Untruths” (2008) 36 Fla. St. U.L. Rev. at 6–9.

56 Zorach v. Clauson 343 U.S. 306, 313 (1952).

57 Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 255–256 ; Ogilvie, M.H., “Between Liberté and Égalité: Religion and the State in Canada” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 154.

58 Supra II.A.

59 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 492.

60 E.g., Ortmann, Stephan, Politics and Change in Singapore and Hong Kong: Containing Contention (Routledge, 2010) at 73–75 & 126–127; Case, William, Politics in Southeast Asia: Democracy or Less (Curzon, 2002) at 90–95.

61 See generally Koh, Jaime & Ho, Stephanie, Culture and Customs of Singapore and Malaysia (Greenwood Press, 2009) at 1–24 (a concise historical account of the region).

62 Ibid., at 27–40; Tan, Eugene K. B., “Keeping God in Place: The Management of Religion in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 55 , 56.

63 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at viii.

64 The ancestry of Peranakans and Eurasians can be traced back to the fifteenth-century Malacca Sultanate. Peranakans are descendents of Chinese traders and local Malay women, while Eurasians are the direct offspring of Malacca’s Portuguese conquerors who married local women: Koh, Jaime & Ho, Stephanie, Culture and Customs of Singapore and Malaysia (Greenwood Press, 2009) at 3–4 . For census purpose, the ethnicity is as declared by the individuals and does not necessarily reflect the historical ancestry.

65 Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 136.

66 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 13.

67 Ibid., at 156.

68 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 235 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. 197 , 234. U.S. style culture war in the Singapore context could also be even more divisive with the potential faults lines drawn between different religions or ethnic groups: Clarissa Oon, “Singapore v Taiwan: Seeking an active citizenry – without the fist fights” The Straits Times (20 September 2008).

69 For example, the Maria Hertogh court case in 1950 sparked riots by Muslims against Christians, especially the Europeans and Eurasians. Maria Hertogh was a Dutch-Eurasian who was baptized as a Catholic but was later raised as a Muslim by a Muslim family after her parents was arrested by the Japanese during the Second World War. She went through a marriage ceremony with a Muslim but the court annulled the marriage and sent her to a Catholic convent. Given the colonial context, it is not surprising that the Malay Muslim population perceived the court judgment as imposing of European cultural, racial and religious supremacy: see Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 232 ; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 142–143 . The Malay-Chinese riots in the 1964 similarly reflected the inextricable nature of race and religion in Singapore’s socio-political dynamics. Racial tension was already strained over whether Malays should be granted special rights as indigenous people, but the flash point was alleged the religious insults during the Muslim’s possession in celebration of the Prophet Mohammed birthday: Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 232–233 ; Hang, Tey Tsun, “Excluding Religion from Politics and Enforcing Religious Harmony – Singapore-Style” (2008) 2008 S.J.L.S. 118, 121; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 143.

70 Arti Mulchand, “Religion: The big switch” The Straits Times (9 August 2008).

71 Pre-independence population census by the Colonial government had included religious affiliation till 1931, when the persistent close correlation between race and religion render enquires of little value. Collection on religious affiliation data was only resumed in 1980: Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 58–59.

72 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 13.

73 Koh, Jaime & Ho, Stephanie, Culture and Customs of Singapore and Malaysia (Greenwood Press, 2009) at 32 ; Tamney, Joseph B. & Hassan, Riaz, Religious Switching in Singapore: A Study of Religious Mobility (Select Books, 1987) at 6 .

74 Lim, Richard, “Buddhism’s Draw is No Longer as a Folk ReligionThe Straits Times (20 May 20 2005); Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 89.

75 “Four in Five Young People Here Believe in Religion” The Straits Times (3 September 2008).

76 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 14.

77 Xueying, Li, “Reaping a rich harvest of convertsThe Straits Times (16 July 2005); Chew, Phyllis Ghim-Lian, “Religious Switching and Knowledge Among Adolescents in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 381 , 388–390.

78 Leow Bee Geok, Census of Population 2000: Advance Data Release (2001) at 35; Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 60–62.

79 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 62 . Also, 97.1% of Indians were “born into their religion”: Ibid., at 84.

80 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 81 .

81 Constitution of the Republic of Singapore (1999 Rev. Ed.), art. 15(4).

82 Chin, Daryl, “Ex-foes link up to promote religious tolerance” The Straits Times (21 November 2010); Hussain, Zakir, “Religious harmony: 20 years of keeping the peace” The Straits Times (24 July 2009) (noting various government pronouncement about aggressive proselytisation).

83 Maintenance of Religious Harmony Act (Cap. 167A), s. 8.

84 Rajah, Jothie, “Policing Religion: Discursive Excursions into Singapore’s Maintenance of Religious Harmony Act” in Nicholson, Penelope (Pip) & Biddulph, Sarah eds., Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia (Martinus Nijhoff, 2009) at 267 , 276–277.

85 Maintenance of Religious Harmony Act (Cap. 167A) at s. 16.

86 Ibid., at ss. 12 &18. The Elected President is an position set up in 1991 to serve as institutional check on the parliamentary executive over various public finance and public administration matters. The Elected President is elected in a national election and served a four-year term. The efficacy of the independent check provided by the Elected President is arguable given that the position has been occupied by individuals that are perceived as formerly affiliated or otherwise sympathetic to the ruling party: see Li-ann Thio, “Lex Rex or Rex Lex? Competing Conceptions of the Rule of Law in Singapore” (2002) 20 UCLA Pac. Basin L.J. 1, 15–22 & 50–53. It is also worth pointing out that the this ouster clause has yet to be tested in courts.

87 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 247 ; M. Nirmala, “Govt reins in religious leaders” The Straits Times (12 May 2001) at 1.

88 Maintenance of Religious Harmony White Paper (Cmd 21 of 1989), para. 5.

89 Nirmala, M., “Govt Reins in Religious Leaders” The Straits Times (12 May 2001).

90 Ibid.; Hill, Michael, “The Rehabilitation and Regulation of Religion in Singapore” in Richardson, James T. ed., Regulating Religion: Case Studies from Around the Globe (Kluwer Academic, 2004) at 343 , 356.

91 Though the process is not secret. Section 15 requires the publication of the restraining order in the Government Gazette: Maintenance of Religious Harmony Act (Cap. 167A) at s. 15.

92 Nirmala, M., “Keeping faith – And celebrating differences” The Straits Times (12 May 2001) at H10.

93 Ibid.

94 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 193 (although this could also be due to the perception that less aggressive evangelistic strategy is more successful in the long term).

95 Shuxin, Zhou, “Ge zhongjiao tuanti linxiu: chuanjiao xu zhunzhong bieren zhongxiao xingyang [Various religious organisation leaders: Must respect others’ religious belief during proselytization]” Lianhe Zaobao (11 February 2010).

96 Tan, Debbie, “Agree to Disagree: Conversations on Conversion”, online: <www.conversion.buddhists.sg> (last visited 1 February 2013) at 18.

97 Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 353–355 (discussing the historical origin of the Sedition Act).

98 Ibid., at 354–355.

99 Sedition Act (Cap. 290), s. 4.

100 Ibid., at s. 3(3).

101 Lim, Lydia, Hussain, Zakir & Han, William, “Drawing the line on racist remarks” The Straits Times (24 September 2005); Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 356–357.

102 Kin, Chong Chee, “Racist bloggers jailed” The Straits Times (8 October 2005).

103 Ibid. (“one comment compared the Muslim religion to Satanism”).

104 Low, Aaron, “Online or off, if it fans hatred, govt will act” The Straits Times (18 September 2005).

105 Penal Code (Cap. 224), s. 298A.

106 Penal Code (Amendment) Bill, Parliament No. 11 Hansard Vol. 15 (2007) (Ho Peng Kee); Penal Code (Cap. 224) at s. 298.

107 Penal Code (Amendment) Bill, Parliament No. 11 Hansard Vol. 15 (2007) (Ho Peng Kee).

108 Ibid. (Ho Peng Kee).

109 Ibid. (Zaqy Mohamad; Ong Kian Min; Muhammad Faishal Ibrahim; Charles Chong; Lim Biow Chuan).

110 Ibid. (Teo Ho Pin).

111 Internal Security Act (Cap. 143).

112 Ibid., at s. 8B. After the Court of Appeal (the highest court) held that an illegally, irrationally or procedurally improper exercise of government power would trigger judicial review even for the broadly defined discretion of detention powers under the Internal Security Act, the Constitution and the Internal Security Act were amended to revert the law to the doctrine prior to that decision: Silverstein, Gordon, “Singapore: The Exception that Proves Rules Matter” in Ginsburg, Tom & Moustafa, Tamir eds., Rule by Law: The Politics of Courts in Authoritarian Regimes (Cambridge University Press, 2008) at 73 , 79–81; Thio, Li-ann, “Lex Rex or Rex Lex? Competing Conceptions of the Rule of Law in Singapore” (2002) 20 UCLA Pac. Basin L.J. at 18, 58–63.

113 Shuaib, Farid Sufian, “Controlling Political Communication in the Blogosphere: Business as Usual in Malaysia” (2011) 16(1) Comms. L. 27, 28–29 (discussing similar laws in Malaysia).

114 Supra note 112.

115 Tan, Kevin Y.L., “Constitutionalism in Times of Economic Strife: Developments in Singapore” (2009) 4 Nat’l Taiwan U.L. Rev. 115 , 122; Nam, Tae Yul, “Singapore’s One-Party System: Its Relationship to Democracy and Political Stability” (1969) 42(4) Pacific Affairs 465 , 472–473.

116 Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 240.

117 Lim, Lydia & Xueying, Li, “The legacy of 1987” The Straits Times (7 July 2007); Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 239 .

118 Between 2001 and 2002, 36 people were detained by the ISD under the Internal Security Act for alleged involvement in planning a radical Islamist terrorist attack on Singapore: Febrica, Senia, “Securitizing Terrorism in Southeast Asia: Accounting for the Varying Responses of Singapore and Indonesia” (2010) 50(3) Asian Survey 569 , 576–577. In February 2007, a law graduate was detained under the Internal Security Act for training for a militant jihad: Kwek, Ken, “Learn about Islam from credible sources” The Straits Times (16 June 2007).

119 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163.

120 Chong, Elena, “Couple admitted sending out tracts” The Straits Times (6 December 2008).

121 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at para. 4; Chong, Elena, “Couple go on trial for sedition” The Straits Times (5 December 2008).

122 Chong, Elena, “Couple go on trial for sedition” The Straits Times (5 December 2008).

123 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at paras. 4 & 16.

124 Ibid., at para. 6; Chong, Elena, “Couple go on trial for sedition” The Straits Times (5 December 2008).

125 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at paras. 17–19. This resulted in three visits by the couple to the MDA. In the third visit, the couple took home the tracts which were not found objectionable by MDA, though the couple denied being told why the tracts were detained. The wife also claimed that the husband “was not paying attention and occupied himself looking at the posters displayed in the office” when she was talking to the MDA officer: Ibid., at paras. 17–19. The couple had approached the case with a diminished role of the husband in the activities, i.e. involved only in the physical activity of posting: Ibid., at paras. 27, 43 & 61.

126 Ibid., at paras. 25–27 & 29–32; Chong, Elena, “Accused says he had not read offensive comicsThe Straits Times (30 January 2009). Direct mailing as a means of spreading the gospel messages has been an established strategy of Christian evangelicalism in Singapore: Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 279–280.

127 Chong, Elena, “‘20,000’ tracts mailed over 7 years” The Straits Times (7 April 2009).

128 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at para. 35.

129 The couple testified that they did not identify themselves as senders on the envelopes because they did not see the need to communicate at all with the tract recipients: Ibid., at paras. 26 & 32. The judge agreed with the public prosecutor that the anonymity was intended to avoid detection: Ibid., at paras. 73 & 83.

130 Chong, Elena, “Couple admitted sending out tracts” The Straits Times (6 December 2008).

131 Quek, Carolyn, “Tracts ‘no different from da vinci code’” The Straits Times (11 March 2009).

132 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at paras. 55–56; Chong, Elena, “Booklets available in store, says lawyers” The Straits Times (29 January 2009).

133 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at paras. 28, 33; Chong, Elena, “Accused says he had not read offensive comics” The Straits Times (30 January 2009). Section 6(2) of the Sedition Act provides an affirmative defence of ignorance of publication’s seditious tendency, if there was no “want of due care or caution.”

134 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at para. 33 (The couple provided evidence by way of photographs taken in November 2008 of the tracts being sold at a local bookstore, although the judge noted that the couple had been ordering the tracts directly online from Chick Publications since 2000, and thus did not believed the couple’s defence that the offensive tracts were purchased at the local bookstore.).

135 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at paras. 44–66, 86; Quek, Carolyn, “Seditious tract duo jailed eight weeks” The Straits Times (11 June 2009).

136 Singh, Khushwant, “Jailed for ‘wounding feelings’ of Muslims” The Straits Times (7 August 2010).

137 Ibid.

138 Ibid.

139 See Abbas, Ahmad Nizam Bin, “The Islamic Legal System in Singapore” (2012) 21 Pac. Rim L. & Pol’y J. 163 , 167–171 (discussing the function and structure of MUIS).

140 Singh, Khushwant, “Jailed for ‘wounding feelings’ of Muslims” The Straits Times (7 August 2010).

141 The case was mentioned in passing in Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 363.

142 Feng, Yen, “ISD calls up pastor for insensitive comments” The Straits Times (9 February 2010). For a background of Pastor Rony Tan, see Durai, Jennani, “The man behind the controversy” The Straits Times (9 February 2010).

143 Feng, Yen, “ISD calls up pastor for insensitive comments” The Straits Times (9 February 2010).

144 Ibid.

145 Ibid.

146 “ISD Acts” The Straits Times (9 February 2010).

147 Ibid.

148 Hou, Chua Hian, “Racist facebook postings: Three youths won’t be charged” The Straits Times (13 February 2010).

149 “Pastor’s Apology” The Straits Times (9 February 2010).

150 “ISD Acts” The Straits Times (9 February 2010).

151 Grace Chua, “Leaders of buddhist, taoist groups urge restraint” The Straits Times (9 February 2010) (Singapore Buddhist Federation’ secretary-general, Venerable Kwang Phing: “It is good that the authorities have looked at this matter, but this is a matter of national concern. We want to appeal to the public and the authorities to make sure there is no second time”; Singapore Taoist Federation chairman Tan Thiam Lye: “If (Pastor Tan) is sincere, we accept his apology, and hope this sort of thing does not happen again.”). See also Zhengjiang, Yang, “Mushi daoxian xianlan bugou chengyi [Apology by pastor is clearly not sufficiently sincere]” Lianhe Zaobao (13 February 2010) (a member of the public writing to the Chinese press opining that the online apology is not sufficiently sincere).

152 Feng, Yen, “Buddhist, Taoist leaders accept pastor’s apology” The Straits Times (10 February 2010).

153 Feng, Yen, “Pastor: I’ve let many people down” The Straits Times (16 February 2010).

154 Feng, Yen, “Buddhist, Taoist leaders accept pastor’s apology” The Straits Times (10 February 2010).

155 Feng, Yen, “ISD looks into clip of sermon which mocked Taoist beliefs” The Straits Times (15 June 2010).

156 Ibid.

157 Ibid. (statement by the Ministry of Home Affairs).

158 Ibid.

159 Feng, Yen, “New creation pastor apologises for ‘indiscretion’” The Straits Times (16 June 2010).

160 Ibid.

161 Feng, Yen, “Pastor says sorry and gains a friend” The Straits Times (17 June 2010).

162 Ibid.

163 Feng, Yen, “Different faiths to gather at Taoist festivity” The Straits Times (1 December 2010).

164 E.g., Jaclyn Ling-Chien Neo, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S.; Li-ann Thio, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S; Zewei, Zhong, “Racial and Religious Hate Speech in Singapore: Management, Democracy, and the Victim’s Perspective” (2009) 27 Sing. L. Rev.

165 Chin, Daryl, “Ex-foes link up to promote religious tolerance” The Straits Times (21 November 2010); Hussain, Zakir, “Religious harmony: 20 years of keeping the peace” The Straits Times (24 July 2009).

166 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 267 .

167 Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 238 ; DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 258 .

168 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 259–260 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 238.

169 “Foolhardy to Take Harmony for Granted” The Straits Times (25 July2009) (Senior Minister and Coordinating Minister for National Security S. Jayakumar).

170 Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 237.

171 Penal Code (Amendment) Bill, Parliament No. 11 Hansard Vol. 15 (2007) (Ho Peng Kee).

172 Scolnicov, Anat, The Right to Religious Freedom in International Law (Routledge, 2011) at 206–207 ; Mahoney, Kathleen, “Hate Speech, Equality, and the State of Canadian Law” (2009) 44 Wake Forest L. Rev. 321 , 325–326. See also Barnett, Brett A., Untangling the Web of Hate: Are Online “Hate Sites” Deserving of First Amendment Protection? (Cambria Press, 2007) at 134 (observing that religious speech was “a major component of the vast majority of the sampled hate sites.”).

173 Public Prosecutor v. Ong Kian Cheong [2009] SGDC 163, at para. 6.

174 Ibid., at para. 35.

175 Jack T. Chick, Set Free (Chick Publications, 2007), online: <http://www.chick.com/reading/tracts/1037/1037_01.asp> (last visited 1 February 2013).

176 Supra III.C.3 & III.C.4.

177 Feng, Yen, “ISD looks into clip of sermon which mocked Taoist beliefs” The Straits Times (15 June 2010). The church reported that the church “stop reproducing” the particular sermons after the church reviewed their archive for insensitive materials after the Pastor Tan incident (February 2010), although the third party who uploaded the clip told the press that he received the materials from a Christian whom he presumed is the adherent of the New Creation church in May 2010: Ibid.

178 Xueying, Li & Kwek, Ken, “Say Aaah…men” The Straits Times (15 October 2005).

179 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S at 506–508.

180 Ibid., at 485–486; Thio, Li-ann, “Constitutional ‘Soft’ Law and Management of Religious Liberty and Order: The 2003 Declaration on Religious Harmony” (2004) S.J.L.S. at 422.

181 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 485–488.

182 Ibid., at 485.

183 Thio, Li-ann, “The Passage of a Generation: Revisiting the Report of the 1966 Constitutional Commission” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 7 (“In its genesis, the Singapore Constitution was not a product of mature deliberation or a broad-based popular, consultative process.”).

184 Ibid., at 11–12.

185 While statistics on the English literacy of the population during that period is not readily available, it is telling that even after nearly two decades of concerted government efforts in promoting the English language, only 33.7% are literate in English in the 1970 population census, and 56.6% indicating comprehension of English in a 1975 survey: Gopinathan, S., “Singapore Language Policies: Strategies for a Plural Society” (1979) 1979 Southeast Asian Affairs 280 , 282; Kuo, Eddie C.Y., “Multilingualism and Mass Media Communications in Singapore” (1978) 18(10) Asian Survey 1067 , 1068.

186 “Report of the Constitutional Commission 1966” in Lee, Kevin Tan Yew et al., Constitutional Law in Malaysia & Singapore (Malayan Law Journal, 1991), Appendix D, para. 14.

187 Ibid., at para. 38.

188 “Federation of Malaya Constitutional Commission, 1956–1957 Report” in Lee, Kevin Tan Yew et al., Constitutional Law in Malaysia & Singapore (Malayan Law Journal, 1991), Appendix A, para. 162 (It was a one-liner: “And we recommend (art 11) that freedom of religion should be guaranteed to every person including the right to profess practice and propagate his religion subject to the requirements of public order, health and morality, and that subject also to these requirements, each religious groups should have the right to manage its own affairs, to maintain religious or charitable institutions including schools, and to hold property for these purposes (art 12).”). The main debate on religion is about whether Islam should be designated as the state religion: Ibid., at para. 169.

189 Neufeldt, Robert W., “To Convert or Not to Convert: Legal and Political Dimensions of Conversion in Independent India” in Baird, Robert D. ed., Religion and Law in Independent India, 2nd ed. (Manohar, 2005) at 383–388 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 494–496 ; Prasad De, Krishna, Religious Freedom Under the Indian Constitution (Minerva Associates, 1977) at 46–47 . See also Mahajan, Gurpreet, “Religion and the Indian Constitution: Questions of Separation and Equality” in Bhargava, Rajeev ed., Politics and Ethics of the Indian Constitution (Oxford University Press, 2008) at 297 (discussing the broader political backdrop and issues underpinning the Indian constitutional debate of religion).

190 “Report of the Constitutional Commission 1966” in Lee, Kevin Tan Yew et al., Constitutional Law in Malaysia & Singapore (Malayan Law Journal, 1991), Appendix D, para. 38.

191 See Thio, Li-ann, “‘It Is a Little Known Legal Fact”: Originalism, Customary Human Rights Law and Constitutional Interpretation” (2010) 2010 S.J.L.S. 558 , 569–570 (arguing for originalism in judicial interpretation of the Singapore Constitution). C.f., Jen, Yap Po, “Constitutionalising Capital Crimes: Judicial Virtue or ‘Originalism’ Sin?” (2011) 2011 S.J.L.S. 281 (rebutting Thio on the normative desirability of originalism in the context of Singapore).

192 Neufeldt, Robert W., “To Convert or Not to Convert: Legal and Political Dimensions of Conversion in Independent India” in Baird, Robert D. ed., Religion and Law in Independent India, 2nd ed. (Manohar, 2005) at 388–398 (discussing the relevant legislature at the three Indian provinces and the subsequent upholding by the courts); Baird, Robert D., “Traditional Values, Government Values, and Religious Conflict in Contemporary India” (1988) 1988 B.Y.U.L. Rev. 337 , 351–354 (discussing the relevant legislature at the three Indian provinces and the subsequent upholding by the courts); Huff, James Andrew, “Religious Freedom in India and Analysis of the Constitutionality of Anti-Conversion Laws” (2009) 10 Rutgers J.L. & Religion 3, 7–13 & 35–44.

193 Tey, Tsun Hang, “Judicial Internalizing of Singapore’s Supreme Political Ideology” (2010) 40 Hong Kong L. J. 293, 320 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. 209–210.

194 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S at 502.

195 Ibid., at 504.

196 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S at 504–505.

197 Goh, William, “Constant vigilance the answer” The Straits Times (11 February 2010); Jungang, Wu, “Quebao zhongjiao hexie de youxing zhi shou [The visible hand that ensures religious harmony]” Lianhe Zaobao (10 February 2010).

198 Feng, Yen, “Buddhist, Taoist leaders accept pastor’s apology” The Straits Times (10 February 2010); “Need to deal with such problems quickly: PM” The Straits Times (16 February 2010); Beng, Kor Kian, “Don’t trivialise beliefs of others: SM Goh” The Straits Times (14 February 2010).

199 Hou, Chua Hian, “Racist facebook postings: Three youths won’t be charged” The Straits Times (13 February 2010).

200 Supra III.B.2.d.

201 Supra III.C.4.

202 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 503. See also Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. & Religion 1, 19–20.

203 “What Others Say About the Incident” The Straits Times (10 February 2010).

204 “Statements from Buddhist and Taoist Federations and DPM Wong Kan Seng” The Straits Times (10 February 2010).

205 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 265 .

206 Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 272–277.

207 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 266–267 ; Hussain, Zakir, “Religious harmony: 20 years of keeping the peace” The Straits Times (24 July 2009).

208 Hussain, Zakir, “Religious harmony: 20 years of keeping the peace” The Straits Times (24 July 2009) (“Ms Angie Monksfield, president of the Buddhist Fellowship, told Insight that the notice [about MHRA and notifying authorities] was put up ‘in response to members’ complaints [of unwanted proselytization and idol-smashing]…We’ve received complaints for years; we finally decided to do something about it.”).

209 Nirmala, M., “Keeping faith – And celebrating differences” The Straits Times (12 May 2001).

210 Feng, Yen, “Pastor says sorry and gains a friend” The Straits Times (17 June 2010); Feng, Yen, “Buddhist, Taoist leaders accept pastor’s apology” The Straits Times (10 February 2010).

211 Bibas, Stephanos & Bierschbach, Richard A., “Integrating Remorse and Apology into Criminal Procedure” (2004) 114 Yale L. Rev. 114 , 114.

212 Sloane, Robert D., “The Expressive Capacity of International Punishment: the Limits of the National Law Analogy and the Potential of International Criminal Law” (2007) 43 Stan. J. Int’l L. 39 , 86; Sarnoff, Susan, “Restoring Justice to the Community: A Realistic Goal?” (2001) 65-JUN Fed. Probation 33 , 34.

213 Lester, Gillian, “Can Joe the Plumber Support Redistribution? Law, Social Preferences, and Sustainable Policy Design” (2011) 64 Tax L. Rev. 313 , 373. See Minow, Martha, “Education for Co-existence” (2002) 44 Ariz. L. Rev. 1, 13–15 (discussing the relatively successful integration experimental program in Israel for Jews and Palestinian Arab).

214 Mathews, Mathew, “Negotiating Christianity with Other Religions: The Views of Christian Clergymen in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 571 , 581–582.

215 Lester, Gillian, “Can Joe the Plumber Support Redistribution? Law, Social Preferences, and Sustainable Policy Design” (2011) 64 Tax L. Rev. at 373.

216 Bibas, Stephanos & Bierschbach, Richard A., “Integrating Remorse and Apology into Criminal Procedure” (2004) 114 Yale L. Rev. at 143.

217 Febrica, Senia, “Securitizing Terrorism in Southeast Asia: Accounting for the Varying Responses of Singapore and Indonesia” (2010) 50(3) Asian Survey at 573–581 ; Hang, Tey Tsun, “Excluding Religion from Politics and Enforcing Religious Harmony – Singapore-Style” (2008) 2008 S.J.L.S. at 120–125.

218 Adams, Russell, “Tensions still on boil in mosque fight” Wall Street Journal (13 September 2010) at A5 ; Bravin, Jess & Kendall, Brent, “Supreme court wades into funeral protests” Wall Street Journal (9 March 2010) at A2.

219 Supra II.B.2.a & II.B.2.d.

220 Hwa, Ang Peng, “All S’poreans have role, not just leaders” The Straits Times (11 March 2010).

221 Thio, Li-ann, “Constitutional ‘Soft’ Law and Management of Religious Liberty and Order: The 2003 Declaration on Religious Harmony” (2004) S.J.L.S. at 423 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. 239.

222 Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. and Religion at 22–24 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 513.

223 Infra V.D.

224 Hang, Tey Tsun, “Excluding Religion from Politics and Enforcing Religious Harmony – Singapore-Style” (2008) 2008 S.J.L.S. at 137 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 233.

225 Supra III.A.

226 Tan, Alex, “Double standards: In sedition case and DBS charity tie-up” The Straits Times (9 December 2008) (citing examples of the Da Vinci Code and Richard Dawkin’s The God Delusion and arguing that “it is disheartening that this action [of maintaining the fragile religious balance] is not applied universally to all. There seems to be a greater tolerance of ‘attacks’ on Christianity than other major religions”). Although it is worth noting that Martin Scorsese’s film, The Last Temptation of Christ, was previously banned in Singapore for offending Christian’s sensitivities: Tan, Eugene K. B., “Keeping God in Place: The Management of Religion in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 67 .

227 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 505. See also Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. and Religion at 20.

228 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 512. See also Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. and Religion at 20.

229 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 512 (“[l]eaders of majority religious groups must demonstrate a sense of proportion, tolerance and forgiveness, towards leaders from minority religions who commit acts or make statements they find offensive, but who show genuine contribution”).

230 Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. and Religion at 1 nn. 1 & 19. See also Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 503 (“The response of representatives of majority religious groups.”).

231 One possible reason is that she was merely following the categorisation used in the table in the executive summary of the Singapore census 2010, which has a category “Buddhism/Taoism” with a sub-categories of “Buddhism” and “Taoism.” Other religions such as “Christianity”, “Islam” exist as independent category without any sub-category: Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 13. No particular reason or significance is attached to this categorisation by the census report. In the actual table, “Buddhism” and “Taoism” are independent categories, with “Taoism” including traditional Chinese beliefs: Ibid., at 154–155.

232 Koh, Jaime & Ho, Stephanie, Culture and Customs of Singapore and Malaysia (Greenwood Press, 2009) at 32 ; Tamney, Joseph B. & Hassan, Riaz, Religious Switching in Singapore: A Study of Religious Mobility (Select Books, 1987) at 6.

233 Unlike the Pastor Rony Tan incident, the Buddhist Federations was not involved in Pastor Mark Ng incident. Pastor Mark Ng only went to the Taoist Federations to apologise.

234 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 16.

235 Ibid., at 159–160.

236 Singapore Department of Statistics, Census of Population 2010 Statistical Release 2: Households and Housing (2011) at xi.

237 Geok, Leow Bee, Census of Population 2000: Advance Data Release (2001) at 38.

238 Clammer, John, The Sociology of Singapore Religion: Studies in Christianity and Chinese Culture (Chopmen, 1991) at 25 ; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 269 .

239 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 16.

240 Ibid., at 159–160.

241 Geok, Leow Bee, Census of Population 2000: Advance Data Release (2001) at 38–40. The underrepresentation is even more severe in the 1960s and 1970s: Clammer, John, Singapore: Ideology Society Culture (Chopmen, 1985) at 122–123.

242 With a population ratio of 10.9%, Taoists only made up 5.3% of those holding university degrees and 6.4% of those residing in private property. Buddhists, with 33.3% of the population, made up 23.6% of those holding university degrees and 11.5% of those residing in private property: Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 16 & 159–160.

243 See Thio, Li-ann, “Recent Constitutional Development: of Shadows and Whips, Race, Rifts and Rights, Terror and Tudungs, Women and Wrongs” (2002) 2002 S.J.L.S. 328, 329–334 (discussing Singapore parliamentary system).

244 Holmes, Sam, “In Singapore, faith debate simmers as election nearsWall Street Journal (7 May 2011) at A9.

245 Ibid.; “Li zongli: Zhengfu juebu yunxu guanyuan zhongjiao xingyang yingxiang zhengce [PM Lee: The government absolutely does not permit the religious faith of government officials to affect policy]” Lianhe Zaobao (17 April 2011) at 10.

246 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 187 ; DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 257.

247 Lim, Lydia, “Religion should help people cope with change: PM” The Straits Times (23 June 2003); Xueying, Li & Lin, Keith, “Does god get in the way of social cohesion” The Straits Times (21 October 2006).

248 Tan, Eugene K. B., “Keeping God in Place: The Management of Religion in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 69 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 224 ; Tan, Kenneth Paul, “Pragmatic Secularism, Civil Religion, and Political Legitimacy in Singapore” in Siam-Heng, Michael Heng & Liew, Ten Chin eds., State and Secularism: Perspectives from Asia (World Scientific Publishing, 2010) at 339 , 343.

249 Tan, Jason, “The Politics of Religious Knowledge in Singapore Secondary Schools” in Cornbleth, Catherine ed., Curriculum Politics, Policy, Practice: Cases in Comparative Context (State University of New York Press, 2000) at 77 , 97 n.1.

250 Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 282 (the first Buddhist mission secondary school was set up in 1984 to complement the existing two Buddhist mission primary schools); Tamney, Joseph B. & Hassan, Riaz, Religious Switching in Singapore: A Study of Religious Mobility (Select Books, 1987) at 43 .

251 Constitution of the Republic of Singapore (1999 Rev. Ed), art. 15(4); Xueying, Li & Kwek, Ken, “Say Aaah…men” The Straits Times (15 October 2005).

252 Tan, Jason, “The Politics of Religious Knowledge in Singapore Secondary Schools” in Cornbleth, Catherine ed., Curriculum Politics, Policy, Practice: Cases in Comparative Context (State University of New York Press, 2000) at 80 ; Ling, Trevor, “Religion” in Sandhu, Kernial Singh & Wheatley, Paul eds., Management of Success: the Moulding of Modern Singapore (Singapore: Institute of Southeast Asian Studies, 1989) at 692 , 701. The Ministry of Education saw the need to “remind” missions schools in 1992 of the prohibition against compulsion in religious services: Devan, Janadas, “Secularism – Not from theory but bloody history” The Straits Times (24 November 2007).

253 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 102 ; Tamney, Joseph B. & Hassan, Riaz, Religious Switching in Singapore: A Study of Religious Mobility (Select Books, 1987) at 12–13 ; Clammer, John, Singapore: Ideology Society Culture (Chopmen, 1985) at 38 ; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 268 .

254 Ling, Tan-Chow May, Pentecostal Theology for the Twenty-First Century: Engaging with Multi-Faith Singapore (Ashgate, 2007) at 10 .

255 “Taoists Agree on Common Festive Day” The Straits Times (30 April 2001) at H3.

256 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 249 ; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 196–197 . For general discussion of the curriculum, see Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 219–221 ; Tan, Jason, “The Politics of Religious Knowledge in Singapore Secondary Schools” in Cornbleth, Catherine ed., Curriculum Politics, Policy, Practice: Cases in Comparative Context (State University of New York Press, 2000).

257 Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 234 , 247.

258 Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 364–365.

259 Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 247 ; Abbas, Ahmad Nizam, “The fine balance of civil and syariah law in Singapore” The Straits Times (17 February 2008); Thio, Li-ann, “‘She’s a Woman But She Acts Very Fast’: Women, Religion and Law in Singapore” in Whiting, Amanda & Evans, Carolyn eds., Mixed Blessings: Laws, Religions, and Women’s Rights in the Asia-Pacific Region (Martinus Nijhoff Publishers, 2006) at 241 , 267–269.

260 Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 254 ; Thio, Li-ann, “‘She’s a Woman But She Acts Very Fast’: Women, Religion and Law in Singapore” in Whiting, Amanda & Evans, Carolyn eds., Mixed Blessings: Laws, Religions, and Women’s Rights in the Asia-Pacific Region (Martinus Nijhoff Publishers, 2006) at 268 . The exemption is subject to meeting government education standards for secular subjects such as English, Maths and Sciences. For a discussion of the historical evolution of Madrasah, see Buang, Sa’eda, “Religious Education as Locus of Curriculum: A Brief Inquiry into Madrasah Curriculum in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 342 .

261 Osman, Ahmad, “Boosting integration in aftermath of tudung row” The Straits Times (10 February 2002); Thio, Li-ann, “Recent Constitutional Development: of Shadows and Whips, Race, Rifts and Rights, Terror and Tudungs, Women and Wrongs” (2002) S.J.L.S. at 364 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 214–215.

262 Thio, Li-ann, “Constitutional ‘Soft’ Law and Management of Religious Liberty and Order: The 2003 Declaration on Religious Harmony” (2004) S.J.L.S. at 428 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 218 ; Clammer, John, Singapore: Ideology Society Culture (Chopmen, 1985) at 45 .

263 Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 247 ; Thio, Li-ann, “‘She’s a Woman But She Acts Very Fast’: Women, Religion and Law in Singapore” in Whiting, Amanda & Evans, Carolyn eds., Mixed Blessings: Laws, Religions, and Women’s Rights in the Asia-Pacific Region (Martinus Nijhoff Publishers, 2006) at 268 ; Tan, Eugene K. B., “Keeping God in Place: The Management of Religion in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 62 .

264 Mathi, Braema, “UN convention on women: Govt has reservations” The Straits Times (11 July 2001) at H10 ; Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 216 ; Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 255–256 ; Thio, Li-ann, “‘She’s a Woman But She Acts Very Fast’: Women, Religion and Law in Singapore” in Whiting, Amanda & Evans, Carolyn eds., Mixed Blessings: Laws, Religions, and Women’s Rights in the Asia-Pacific Region (Martinus Nijhoff Publishers, 2006) at 270–271.

265 Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 254–255.

266 Thio, Li-ann, “‘She’s a Woman But She Acts Very Fast’: Women, Religion and Law in Singapore” in Whiting, Amanda & Evans, Carolyn eds., Mixed Blessings: Laws, Religions, and Women’s Rights in the Asia-Pacific Region (Martinus Nijhoff Publishers, 2006) at 253 (the colonial Straits Settlement Court of Appeal in 1911 recognised the religious nature of Chinese polygamous marriage).

267 Mahlmann, Matthias, “Free Speech and the Rights of Religion” in Sajó, András ed., Censorial Sensitivities: Free Speech and Religion in a Fundamentalist World (Eleven International Publishing, 2007) at 41 , 67; Teitel, Ruti, “Militating Constitutional Democracy: Comparative Perspectives” in Sajó, András ed., Censorial Sensitivities: Free Speech and Religion in a Fundamentalist World (Eleven International Publishing, 2007) at 71 , 77.

268 Rougeau, Vincent D., Christians in the American Empire: Faith and Citizenship in the New World Order (Oxford University Press, 2008) at 101–109 ; Chandhoke, Neera, Beyond Secularism: The Rights of Religious Minorities (Oxford University Press, 1999) at 143–165.

269 See Neo, Jaclyn Ling-Chien, “The Protection of Minorities and the Constitution: A Judicious Balance?” in Thio, Li-ann & Tan, Kevin Y.L. eds., Evolution of a Revolution: Forty Years of the Singapore Constitution (Routledge-Cavendish, 2009) at 240–248 (discussing the constitutional provision).

270 Zewei, Zhong, “Racial and Religious Hate Speech in Singapore: Management, Democracy, and the Victim’s Perspective” (2009) 27 Sing. L. Rev. at 52–53 & 56.

271 Muslims made up 13 of the 99 members of parliament: <http://www.parliament.gov.sg/list-of-current-mps> (last visited 20 July 2012).

272 Available at: <http://www.cabinet.gov.sg/content/cabinet/appointments.html> (last visited 20 July 2012).

273 Supra II.B.

274 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 256–257 ; Ling, Tan-Chow May, Pentecostal Theology for the Twenty-First Century: Engaging with Multi-Faith Singapore (Ashgate, 2007) at 22 ; Xueying, Li, “Reaping a rich harvest of converts” The Straits Times (16 July 2005); Mathews, Mathew, “Negotiating Christianity with Other Religions: The Views of Christian Clergymen in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 585–590.

275 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 257 ; Mathews, Mathew, “Negotiating Christianity with Other Religions: The Views of Christian Clergymen in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 585–586 . For observations and critique of the evolution of American Christians’ attitude towards missions and proselytisation, see Greenberg, Brad A., “How missionaries lost their chariots of fire” Wall Street Journal (2 July 2010) at W9.

276 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 188 ; Ling, Tan-Chow May, Pentecostal Theology for the Twenty-First Century: Engaging with Multi-Faith Singapore (Ashgate, 2007) at 21–23.

277 Chua, Edmond, “Bishop says preaches must watch sermon content, presentation” Christian Post (Sing. ed.) (23 September 2010), online: <http://sg.christianpost.com/dbase.php?cat=church&id=2594> (last visited 1 February 2013); “Christianity: Winning Others or Helping Others Win?” Christian Post (Sing. ed.) (28 June 2010), online: <http://sg.christianpost.com/dbase/editorial/732/section/1.htm> (last visited 1 February 2013).

278 Ng, Nathanael, “Be sensitive, but do not compromise: Pastor” Christian Post (Sing. ed.) (23 February 2010), online <http://sg.christianpost.com/dbase.php?cat=church&id=2444> (last visited 1 February 2013) (Cornerstone Community Church senior pastor Rev. Yang Tuck Yoong: “When preaching the Gospel, we must not dilute, adulterate or compromise on the potency of the Word; because it’s Truth,”); Roland Chia, “Christians do not hold that all religions are the same” Christian Post (Sing. ed.) (17 February 2010), online: <http://sg.christianpost.com/dbase/editorial/593/section/1.htm> (last visited 1 February 2013); Huat, Tan Cheng, “What would Jesus do (WWJD)?” Christian Post (Sing. ed.) (15 March 2010), online: <http://sg.christianpost.com/dbase/editorial/604/section/1.htm> (last visited 1 February 2013) (“A series of happenings in recent weeks [Pastor Rony incident is in February 2010] drives me to rethink if our faith has reached such a point where the fear of imposing our views on others has gradually led us to a state where we do not profess clearly what we believe in.”).

279 Supra IV.A.

280 Supra IV.A.

281 Supra V.A.

282 Tan, Kevin Y.L. & Thio, Li-ann, Constitutional Law in Malaysia and Singapore (Butterworths, 1997) at 876 ; Thio, Li-ann, “Constitutional ‘Soft’ Law and Management of Religious Liberty and Order: The 2003 Declaration on Religious Harmony” (2004) S.J.L.S. at 422.

283 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 490 & n. 38.

284 Kosmin, Barry A. & Keysar, Ariela, Religion in a Free Market (Paramount Market Publishing, 2006) at 11 .

285 Harvey, Paul, “Proselytization” in Goff, Philip & Harvey, Paul eds., Religion and American Culture (University of North Carolina Press, 2004) at 39 , 41–42. For a discussion of the religious tenets and worldview of Sierra Leone indigenous religions, see Conteh, Prince Sorie, Traditionalists, Muslims, and Christians in Africa (Cambria Press, 2009) at 19–62.

286 Meintel, Deirdre, “When There is No Conversion: Spiritualists and Personal Religious Change” (2007) 49(1) Anthropologica 149 , 149.

287 Spinner-Haley, Jeff, “Hinduism, Christianity, and Liberal Religious Toleration” (2005) 33(1) Political Theory 28 , 37; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 137 ; Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) 152–153.

288 Kao, Grace Y., “The Logic of Anti-proselytization, Revisited” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 83–84 ; Harvey, Paul, “Proselytization” in Goff, Philip & Harvey, Paul eds., Religion and American Culture (University of North Carolina Press, 2004) at 56–57.

289 Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 137 ; Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 152–153).

290 Tamney, Joseph B. & Hassan, Riaz, Religious Switching in Singapore: A Study of Religious Mobility (Select Books, 1987) at 43 .

291 “The Way of the Future” The Straits Times (19 June 2010).

292 Mulchand, Arti, “Religion: The big switch” The Straits Times (9 August 2008) (“conversion to Hinduism is ‘downright impossible’, says the Hindu Endowments Board on its website. It is a faith one is born into, though there are a minority who choose to take on and practice the tenets of Hinduism”).

293 Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 137 .

294 Andrew Chesnut, R., Competitive Spirits: Latin America’s New Religious Economy (Oxford University Press, 2003) at 11 ; Kosmin, Barry A. & Keysar, Ariela, Religion in a Free Market (Paramount Market Publishing, 2006) at 170–171.

295 Andrew Chesnut, R., Competitive Spirits: Latin America’s New Religious Economy (Oxford University Press, 2003) at 11 .

296 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 515.

297 Mayer, Jean-Francois, “Conflicts over Proselytism: An Overview and Comparative Perspective” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 35 , 46–48; Scott, Rachelle M., “Promoting World Peace through Inner Peace: The Discourses and Technologies of Dhammakāya Proselytization” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 231 , 235–236.

298 Berkwitz, Stephen C., “Religious Conflict and the Politics of Conversion in Sri Lanka” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 203–204 ; Robbins, Thomas, “Notes on the Contemporary Peril to Religious Freedom” in Beckford, James A. & Richardson, James T. eds., Challenging Religion (Routledge, 2003) at 71 , 73; Bartholomeusz, Tessa, “First Among Equals: Buddhism and the Sri Lankan State” in Harris, Ian ed., Buddhism and Politics in Twentieth-Century Asia (Pinter, 1999) at 173 , 176–177.

299 Supra III.A.

300 Tong, Chee Kiong, Rationalizing Religion: Religious Conversion, Revivalism, and Competition in Singapore Society (Koninklijke Brill, 2007) at 192 & 267–268; Clammer, John, The Sociology of Singapore Religion: Studies in Christianity and Chinese Culture (Chopmen, 1991) at 74–77 ; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 283 .

301 Supra notes 289–293 and accompany text.

302 Stone, Geoffrey R. et al., Constitutional Law, 5th ed. (Aspen Publishers, 2005) at 1054–1056 ; Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 256 ; Rosenthal, Lawrence, “First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech” (2011) 86 Ind. L.J. at 61–62 & 61 n. 288; Gey, Steven G., “The First Amendment and the Dissemination of Socially Worthless Untruths” (2008) 36 Fla. St. U.L. Rev. at 6–9.

303 Conkle, Daniel O., “Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty” (2011) 32 Cardozo L. Rev. at 1757–1762 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493 ; Ogilvie, M.H., “Between Liberté and Égalité: Religion and the State in Canada” in Radan, Peter et al. eds., Law and Religion: God, the State and the Common Law (Routledge, 2005) at 154 ; Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 255–256.

304 Claerhout, Sarah & Roover, Jakob De, “Conversion of the World: Proselytization in India and the Universalization of Christianity” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 53 , 65. For a discussion on the exclusivity under Islam, see Sharkey, Heather J., “Muslim Apostasy, Christian Conversion, and Religious Freedom in Egypt: A Study of American Missionaries, Western Imperialism, and Human Rights Agendas” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 139 , 141.

305 Claerhout, Sarah & Roover, Jakob De, “Conversion of the World: Proselytization in India and the Universalization of Christianity” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 65 . See generally Nigosian, S.A., World Religions: A Historical Approach, 3rd ed. (Bedford/St. Martin’s, 2000) at 414–419 (discussing how the different religions differ in their conceptions of religious path and goals).

306 Bhagwati, P.N., “Religion and Secularism Under the Indian Constitution” in Baird, Robert D. ed., Religion and Law in Independent India, 2nd ed. (Manohar, 2005) at 35, 39 ; Liew, Tan Chin, “Secularism and Its Limits” in Siam-Heng, Michael Heng & Liew, Ten Chin eds., State and Secularism: Perspectives from Asia (World Scientific Publishing, 2010) at 7 , 18; Conkle, Daniel O., “Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty” (2011) 32 Cardozo L. Rev. at 1764 ; Spinner-Haley, Jeff, “Hinduism, Christianity, and Liberal Religious Toleration” (2005) 33(1) Political Theory at 37.

307 Bhagwati, P.N., “Religion and Secularism Under the Indian Constitution” in Baird, Robert D. ed., Religion and Law in Independent India, 2nd ed. (Manohar, 2005) at 39 ; Liew, Tan Chin, “Secularism and Its Limits” in Siam-Heng, Michael Heng & Liew, Ten Chin eds., State and Secularism: Perspectives from Asia (World Scientific Publishing, 2010) at 18 .

308 Conkle, Daniel O., “Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty” (2011) 32 Cardozo L. Rev. at 1764–1765 (noting how Buddhism’s de-emphasis of universal truth contributes to its more tolerant attitude towards other faith).

309 See generally Cho, Francisca, “Leaping into the Boundless: A Daoist Reading of Comparative Religious Ethics” (1998) 26(1) The Journal of Religious Ethics 139 (discussing and noting Taoism nuanced approach towards truth, reflecting at page 163 “[T]aoist view of reality which avers that knowledge is never fixed.”).

310 Claerhout, Sarah & Roover, Jakob De, “Conversion of the World: Proselytization in India and the Universalization of Christianity” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 63–64 (“Islam and Christianity are each other’s rivals in the restoration of divine truth, while the Hindu, Buddhist and Jain traditions are idolatry or false religion.”); Ling, Tan-Chow May, Pentecostal Theology for the Twenty-First Century: Engaging with Multi-Faith Singapore (Ashgate, 2007) at 22–23 ; DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 265 ; Eng, Kuah-Pearce Khun, State, Society and Religious Engineering: Towards a Reformist Buddhism in Singapore (Eastern Universities Press, 2003) at 272–277.

311 Claerhout, Sarah & Roover, Jakob De, “Conversion of the World: Proselytization in India and the Universalization of Christianity” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 64–65.

312 Singapore Department of Statistics, Census of Population 2010 Statistical Release 1: Demographic Characteristics, Education, Language and Religion (2011) at 13.

313 Chua, Grace, “Leaders of Buddhist, Taoist groups urge restraint” The Straits Times (9 February 2010).

314 “We Need to Focus More on Common Spaces” The Straits Times (21 October 2006).

315 “Foster Harmony” The Straits Times (3 May 2009).

316 Marshall, William P., “Truth and Religion Clauses” (1994) 43 DePaul L. Rev. at 265.

317 Claerhout, Sarah & Roover, Jakob De, “Conversion of the World: Proselytization in India and the Universalization of Christianity” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 69 .

318 Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 202.

319 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 261 .

320 Hill, Michael, “The Making of a Moral Panic: Religion and State in Singapore” in Beckford, James A. & Richardson, James T. eds., Challenging Religion (Routledge, 2003) at 114 , 125. See also Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 202.

321 E.g., Hinshaw, Drew, “Nigeria torn by rising religious violence” Wall Street Journal (12 January 2012) at A12 ; Barta, Patrick, “Suicide attack strikes Church in Indonesia” Wall Street Journal (26 September 2011) at A10.

322 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493.

323 Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 371–372.

324 Ibid., at 365–372.

325 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 488.

326 One material distributed in the Ong Kian Cheong case stated that there is a “very dangerous religion called ‘Islam’” that is “spreading into our neighborhood” (emphasis original): Jack T. Chick, Little Bride (Chick Publications, 2004), online: <http://www.chick.com/reading/tracts/1054/1054_01.asp> (last visited 1 February 2013).

327 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 188 ; Ling, Tan-Chow May, Pentecostal Theology for the Twenty-First Century: Engaging with Multi-Faith Singapore (Ashgate, 2007) at 21–23.

328 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 188 .

329 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493.

330 Mathews, Mathew, “Negotiating Christianity with Other Religions: The Views of Christian Clergymen in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 581–582 ; Xueying, Li, “Clergy ‘wary of inter-faith talks’” The Straits Times (3 September 2008).

331 Ling, Tan-Chow May, Pentecostal Theology for the Twenty-First Century: Engaging with Multi-Faith Singapore (Ashgate, 2007) at 21 .

332 DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 261 .

333 Ho, Andy, “Interfaith dialogue: Why some clam up” The Straits Times (18 September 2008); Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 193 .

334 For a detailed discussion of the activities (including political activities) of Focus of the Family in the US: see Gilgoff, Dan, The Jesus Machine: How James Dobson, Focus on the Family and Evangelical America are Winning the Culture War (St Martin’s Press, 2007).

335 Chua, Grace, “DBS’ charity tie-up draws flak” The Straits Times (5 December 2008).

336 Ibid.

337 E.g., Edmond Chua, “Militant secularists demand Rony Tan’s arrest” Christian Post (Sing. ed.) (11 February 2010), online: <http://sg.christianpost.com/dbase.php?cat=church&id=2563> (last visited 1 February 2013); Thio, Li-ann, “Control, Co-optation and Co-operation: Managing Religious Harmony in Singapore’s Multi-ethnic, Quasi-Secular State” (2006) 33 Hastings Const. L.Q. at 225 n. 170.

338 In the press statement, the Taoist charity emphasised that the society is “happy that people from diverse cultural and religious backgrounds feel comfortable using our services,” “aim[s] to provide culturally-sensitive services that our clients’ values and beliefs,” and “all our Centres and Homes observe equally the festivals of Christmas, Hari Raya, Deepavali, Confucius’ birthday, Vesak Day and Lao Zi’s birthday”: “Society aims to serve singaporeans of all backgrounds” The Straits Times (22 December 2008).

339 Latif, Asad, “Warriors at the front line of tolerance” The Straits Times (15 November 2004) (Buddhist Lodge donated a third of its $3 million raised fund to Muslim, Hindu and Christian organisations); Hao, Yap Kim, “Hongbao giveaway boosts inter-faith cooperation” The Straits Times (14 January 2003) (“Buddhist Lodge sought the participation of Jamiyah Singapore and Hindu Endowments Board in the planning and distribution” of hongbao – red packets containing money); Fang, Chin Soo, “Monk’s $ 100,000 gift to Catholics” The Straits Times (16 May 1999) at 3 (donating to the Catholic Canossian Missions, and other Muslim and Hindu groups).

340 “3,200 Gather in a Festive Feast for All” The Straits Times (15 February 1999) at 1 (Food were blessed by religious leaders from seven major faiths.).

341 San, Mak Mun, “Happy meals” The Straits Times (9 November 2003).

342 “Religion Still Relevant, Says President” The Straits Times (19 May 2000) at 3.

343 Hussain, Zakir, “Mosques feed 1,000 needy S’poreans” The Straits Times (14 July 2008) (Muslim organisations providing vegetarian option in the distribution of free meals).

344 Mansor, Enon & Ibrahim, Nur Amali, “Muslim Organizations and Mosque as Social Service ProvidersEng, Lai Ah ed., in Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008) at 459 , 464–470.

345 Chua, Edmond, “Christians must respect beliefs of non-Christians, theologian stress” Christian Post (Sing. ed.), (28 April 2010), online <http://sg.christianpost.com/dbase.php?cat=education&id=787> (last visited 1 February 2013); “What Others Say About the Incident” The Straits Times (10 February 2010).

346 Oon, Clarissa, “Talk and let live” The Straits Times (3 February 2010).

347 Supra V.B. See generally Mathews, Mathew, “Negotiating Christianity with Other Religions: The Views of Christian Clergymen in Singapore” in Eng, Lai Ah ed., Religious Diversity in Singapore (Institute of Southeast Asian Studies, 2008).

348 Chua, Edmond, “Bishop says preaches must watch sermon content, presentation” Christian Post (Sing. ed.) (23 September 2010), online: <http://sg.christianpost.com/dbase.php?cat=church&id=2594> (last visited 1 February 2013); “Christianity: Winning Others or Helping Others Win?” Christian Post (Sing. ed.) (28 June 2010), online: <http://sg.christianpost.com/dbase/editorial/732/section/1.htm> (last visited 1 February 2013).

349 Mathews, Mathew, “Accommodating Relationship: The Church and State in Singapore” in Bautista, Julius & Lim, Francis Khek Gee eds., Christianity and the State in Asia (Routledge, 2009) at 193 .

350 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 513.

351 Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 354 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493.

352 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 488.

353 Sharma, Arvind, Problematizing Religious Freedom (Springer, 2011) at 221 ; Farr, Thomas F., “The Widow’s Torment: International Religious Freedom and American National Security in the 21st Century” (2009) 57 Drake L. Rev. at 862 ; Kyriazopoulos, Kyriakos N., “Proselytization in Greece: Criminal Offense vs. Religious Persuasion and Equality” (2004) 20 J.L. & Religion at 169.

354 See Shah, Dian Abdul Hamed & Sani, Mohd Azizuddin Mohd, “Freedom of Religion in Malaysia: A Tangled Web of Legal, Political, and Social Issues” (2011) 36 N.C. J. Int’l L. & Com. Reg. 647 , 664–669 (discussing the conversion restrictions in Malaysia).

355 Sharma, Arvind, Problematizing Religious Freedom (Springer, 2011); Sharkey, Heather J., “Muslim Apostasy, Christian Conversion, and Religious Freedom in Egypt: A Study of American Missionaries, Western Imperialism, and Human Rights Agendas” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 141 .

356 Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 365–366.

357 C.f. DeBernardi, Jean, “Asia’s Antioch: Prayer and Proselytism in Singapore” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 258 (“Although apostasy is not considered to be an offense in Singapore, nonetheless on conversion Singaporean Malay Christians reportedly experience social stigma and ostracism.”).

358 Berkwitz, Stephen C., “Religious Conflict and the Politics of Conversion in Sri Lanka” in Hackett, Rosalind I.J. ed., Proselytization Revisited: Rights Talk, Free Markets and Culture Wars (Equinox, 2008) at 216 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 510.

359 See Olmedo-Bustos v Chile, Inter-American Court of Human Rights (Ser. C) No. 73 (2001). C.f. Scolnicov, Anat, The Right to Religious Freedom in International Law (Routledge, 2011) at 195–196 (disagreeing with the court’s narrow interpretation of right to religious belief).

360 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493 ; Farr, Thomas F., “The Widow’s Torment: International Religious Freedom and American National Security in the 21st Century” (2009) 57 Drake L. Rev. at 862.

361 Supra IV.A.

362 See Neo, Jaclyn Ling-Chien, “Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups” (2011) S.J.L.S. at 361–364.

363 Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. and Religion at 19–21 ; Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 504–505.

364 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 505.

365 Ibid., at 513.

366 Ibid.

367 Thio, Li-ann, “Relational Constitutionalism and the Management of Religious Disputes: the Singapore ‘Secularism with a Soul’ Model” (2012) Oxford J. L. and Religion at 19–20.

368 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 493.

369 See Koppelman, Andrew, “Corruption of Religion and the Establishment Clause” (2009) 50 Wm. & Mary L. Rev. at 1843 (discussing overlapping consensus as a political mechanism to cope with religious pluralism). See generally Rawls, John, “The Idea of an Overlapping Consensus” (1987) 7(1) Oxford J. Legal Stud. 1.

370 Koppelman, Andrew, “Corruption of Religion and the Establishment Clause” (2009) 50 Wm. & Mary L. Rev. at 1875–1876 ; Stronks, Julia K., Law, Religion, and Public Policy: A Commentary on First Amendment Jurisprudence (Lexington Books, 2002) at 40–41.

371 Thio, Li-ann, “Contentious Liberty: Regulating Religious Propagation in a Multi-Religious Secular Democracy” (2010) S.J.L.S. at 489 (“[Religious propagation] may be justified on several grounds, resting on the premise that law considers a religion a good thing, deserving protection.”).

372 E.g., Thio, Li-ann, “Between Eden and Armageddon: Navigating ‘Religion’ and ‘Politics’ in Singapore” (2009) 2009 S.J.L.S. 265 , 379 (“this [exclusion of religious perspective in public debate] would discriminate against the more than 80% of Singaporeans with Singaporeans with religious affiliation in voting, taking part in elections and debating public issues.”); Meng, Vincent Chia Wei, “Govt should consider carefully the moral value system of the majority before making decisionThe Straits Times (26 July 2007), Online Forum (“According to Statistics Singapore, the majority of Singaporeans are not atheists, agnostics or secular humanists without religious affiliations… Within our multi-religious society, a common consensus on this issue can only be achieved by being mindful of the morality of the religious majority.”).

373 For two recent discussions on the political and legal status of non-religious persons, see Tebbe, Nelson, “Nonbelievers” (2011) 97 Va. L. Rev. 1111 (arguing for a polyvalent approach towards non-believers where the courts’ handling of non-believers under religious freedom law should be context sensitive towards the different values and considerations animating the particular law); Corbin, Caroline Mala, “Nonbelievers and Government Speech” (2012) 97 Iowa. L. Rev. 347 (arguing that government religious speech violates the Establishment Clause as such speech undermines the equality and liberty of nonbelievers).

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Asian Journal of Comparative Law
  • ISSN: 2194-6078
  • EISSN: 1932-0205
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