National Review Online, December 10, 2009

So far, so predictable. The now infamous referendum amending Switzerland’s constitution in a way that prohibits the construction of any more minarets in the land of Heidi (there are already, um, four) has been damned by the usual suspects, including a gaggle of Christian clergymen, a babble of media, crazy Colonel Qaddafi, Turkey’s thuggish Islamist prime minister (the one who once referred to minarets as “our bayonets”), Iran’s thuggish Islamist foreign minister, Egypt’s Grand Mufti (try building a new church in Egypt), a collection of Saudi “scholars” (don’t even think of building a church in Saudi Arabia), and, of course, Jon Stewart.

Yes, yes, I know what you are thinking, but condemnation by these clowns is not by itself a reason to decide that the vote went the right way — or that holding the referendum was a particularly good idea in the first place. It’s a start, however.

It is important to realize what the referendum was — and what it was not. What it was not was an assault on the ability of Switzerland’s 400,000 Muslims (roughly 5 percent of the population) to practice their religion. Their ability to worship freely is untouched, and they can build all the mosques they want — so long as they are not adorned with minarets.

But it is not unusual to find mosques without minarets, especially outside historically Muslim territories. Thus Switzerland has 150 to 200 mosques or public prayer rooms, but only those four lonely minarets, none of which — thanks to noise-pollution regulations — are actually used for the adhan, the call to prayer. Those numbers suggest that this vote is no threat to anybody’s freedom of religion. They also suggest that minarets are no threat to the freedom of the Swiss to be Swiss, but this is to miss the point. The referendum was always about more than a few towers. Voters took aim at the minarets as a way of venting their fears about militant Islam and, more generally, their unease at the ways in which their country has been — and is being — changed by high levels of immigration. The latter is a factor that should not be underestimated. Despite playing host to various international organizations, numerous banks, and countless tourists, Switzerland is at its core still a conservative, somewhat insular place, comfortable in its own skin and more than a little suspicious of outsiders. There’s a reason why the Swiss joined the U.N. (the fools!) only in 2002, and wisely continue to stay outside the EU.

The trouble is that fear and unease make bad legislators. The effect of the new rules may be mainly symbolic, but symbolism can kick both ways. It’s no great stretch to suspect that the consequences of this vote will be counterproductive. Switzerland’s Muslims, who mostly hail from the Balkans or Turkey, are a largely moderate, secularized bunch. Unfortunately, the result of the referendum — along with some of the ugly rhetoric that preceded the vote — risks changing these peoples’ sense of their own identity. There’s a danger that they will come to view themselves as primarily defined by their common religious background rather than by their very different ethnic and cultural heritages or, for that matter, their hopes of a thoroughly Swiss future. Banning the minarets may fill the mosques.

There’s also a clear risk that what is preached in those mosques will lurch in a more extreme direction. This would be a natural response to the sense of siege and resentment that the vote may create, particularly if that resentment is fanned by money and ideas from Middle Eastern sources keen to stiffen the resolve of co-religionists toiling in the land of the wicked, oppressive kuffār.

Rather than spending their time in architectural micromanagement, it would be far smarter for the Swiss to increase their efforts to integrate the Muslims in their midst, and to do so in a way that creates no special spaces, privileges (other, perhaps, than the extension to Islam of the “official” status enjoyed by other religious denominations in many cantons), or obstacles for their religion. No religion should be fenced off from the hurly-burly of debate, criticism, and ridicule. The fear of giving (dread word) “offense” should not be allowed to trump free expression. That would be true in the case of any creed, but it’s particularly true of Islam, a muscular faith with little room for clear dividing lines between mosque and state. Muslims should be free to practice their religion in Switzerland, but Islam must be made to take its chances in the rough-and-tumble marketplace of ideologies essential to any open society, and to do so within democratic constraints.

You’d think that this would be an obvious, even superfluous, argument to make, but in today’s Western Europe — hogtied by the exquisite sensitivities and repressive legislation that are the hallmarks of multiculturalism — that is no longer the case. One of the most telling moments in the referendum campaign came after the appearance of a controversial — and brilliantly designed — poster in which missile-like minarets pierced the Swiss flag, and a woman clad in abaya and niqab stared out with an oddly come-hither look in her eyes. Overstated? Certainly. Harsh? Certainly. Nevertheless, in a properly functioning liberal democracy, those who disagreed with the poster would have tried to dispel its message with the force of their arguments, not the force of law. Some did. Others preferred coercion.

The poster was banned in, to name but a few places with a thing against free speech, Lausanne, Fribourg, Basel, and Neuchâtel, in a spasm of censorship that, as much as anything else, demonstrates why so many Swiss have rallied behind the SVP (the Swiss People’s Party), a distinctly rough-edged party of the populist Right that is now the largest political grouping in Switzerland (it won some 29 percent of the vote in the 2007 elections) and was the principal driving force behind the referendum. To its discredit, the SVP has more than a touch of the bully about it, with, for example, a disturbing weakness for rhetoric that is as much anti-immigrant as it is anti-immigration. Sadly, that has only added to its appeal. But a large number of more moderate voters have found that they too have been left with nowhere else to turn but the SVP, a phenomenon echoed in the rise elsewhere in Western Europe of parties prepared to stray beyond the spectrum of conventional opinion.

It’s revealing that the referendum’s results came as such a nasty surprise to those who make up Switzerland’s traditional political establishment. Their shock was an embarrassing reminder of how out of touch they have become. And no, the result was not a simple matter of Left versus Right, of hick versus sophisticate. Not only did a striking 57.5 percent of those who voted favor the minaret ban, but the ban won support across the country, including, predictably enough, the heartlands of the Schwiizertüütsch, but far beyond too.

In the end, however flawed the referendum’s focus, there was something impressive about the way voters chose to defy the wishes of those who supposedly knew better. The government opposed the measure, as did a clear majority in the federal parliament, but (such are the joys of the Swiss system) there was nothing these politicians could do to block a referendum once 100,000 citizens had formally endorsed the call for a vote. And there was little, it turned out, that they could do to influence the way the vote went. The Swiss took their decision on November 29. The timing was almost perfect. Just two days later, the Lisbon Treaty (the European Union’s constitution in all but name) came into force. The latter was a triumph for the Brussels oligarchy, a win for deception, double-dealing, and the sidestepping of electorates. The former was a victory for a straightforward, bottom-up form of democracy that is the antithesis of everything for which the EU stands.

That contrast explains why the Swiss elite has become so keen that Switzerland should sign up for the EU, a political structure deliberately designed to replace the inconveniences of popular sovereignty with the smoothness — for those on the inside — of technocratic rule. If the Swiss had been members of Brussels’s unlovely union, it is highly unlikely that their referendum would have gotten as far as it did, and it is almost completely inconceivable that its results would be able to survive review by the EU’s rampaging judiciary. As it is, the voters’ decision is likely to face legal challenges arising out of other provisions in the Swiss constitution, not to speak of those flowing from the country’s international treaty obligations.

The fact remains, however, that there has indeed been a point to this once seemingly pointless referendum. Swiss voters may have exaggerated fears of the Islamic problem that they face now (the future is a different matter), but they have taken the opportunity offered by a stupid question to give a sensible answer to the political class. Their message was clear. Switzerland must have nothing more to do with the multicultural politics and misguided immigration policies that have done so much to contribute to the rise of Islamic fundamentalism elsewhere in Western Europe.

It’s worth noting that such a change of tack would not be possible were Switzerland to join the EU. More critically still, it would be difficult to reconcile with the existing arrangements that govern the free movement of workers between Switzerland and the EU, not that that fact would worry the SVP overmuch. The party would relish a punchup with Brussels.

What’s tricky is that most Swiss do not yet appear to feel the same way. They have backed the free-movement agreements (and then their extension) in a total of three referenda since 2000, the most recent earlier this year. With the EU’s elites opposed to putting their own house in order (and unwilling to offer their own increasingly discontented electorates the sort of say available to voters in Switzerland), the SVP’s leaders know how vital it is for the Swiss to restore absolute control over their own borders, but for most of their countrymen this remains a step too far. It is so much easier to grumble about minarets.

It is probable, therefore, that the next stages in this drama will remain rooted in the symbolic. A leading member of the SVP has announced that forced marriage, female genital mutilation, and the wearing of the burqa in public are all problems that need to be addressed. That’s certainly fair enough (and the SVP is not the only party to think so), even if some other areas of concern for the party (such as the existence of separate Muslim cemeteries) reveal that it has not lost its taste for provocation and overreach. Ultimately, however, these are all peripheral topics when compared to the more basic question of immigration. Indeed, they can be seen as a soft substitute for tough action in that field, something that remains unlikely for now.

But it will be interesting to see how the Swiss react if the European Court of Human Rights (its judgments are binding on all members of the Council of Europe, a grouping that is larger than the EU, and that includes Switzerland) tries to ban the minaret ban.

Sometimes a nation — if it is to remain a nation — just has to go it alone.