"The Moscow Patriarchate undermines the sovereignty and democracy of states, but in this wording, the amendment to the law conflicts with Articles 40, 48, and 11 of the Constitution, disproportionately restricting freedom of association and religion," Karis stated in a press release explaining his decision.

"The ambiguous ban on foreign ties would lead to legal disputes and could result in the same kind of restrictions being applied to the freedoms of all associations, including political parties," he noted.

The president pointed out that current legislation already requires extensive oversight of religious associations.

"The issue is not the lack of legal tools, but rather their use. Existing tools should, if necessary, be applied more forcefully than before," the head of state added.

Karis referred to the Penal Code, which defines treason as a criminal offense that includes hostile influence operations and the dissemination of disinformation to assist a foreign organization.

It also bans incitement to war or other forms of use of armed force. A natural or legal person who knowingly and directly supports an act of aggression by a foreign state can be punished.

The president also said it is necessary to take into account the effect on freedom of speech and expression if a cross-border ban is allowed under the constitution.

"The question is also whether a security threat associated with a foreign person can be attributed to an organization operating in Estonia if that organization has some economic or other connection with a foreign person, or if it is found that the Estonian organization 'follows in its activities' the foreign person," he wrote.

Religious associations are afforded stronger protection under the Constitution than many other associations. If their activities could be restricted in this way as proposed in the current law, it would follow that similar restrictions could be imposed on other associations — perhaps even political parties."

Karis also said the definitions in the amendments were vaguely defined, especially those concerned with followers of a religion. This lack of clarity would have a "chilling effect inappropriate for a democratic society."

"Since the Constitution allows national security and public order to be protected through more targeted and precisely defined measures, such bans are also not necessary," the president said.

He said the law should be amended to bring it into line with the constitution.

Minister: Issue will remain on the table in any case

Minister of the Interior Igor Taro (Eesti 200) said at Thursday's government press conference, held before the president's decision was announced, that regardless of what decision the head of state makes, the issue of hostile foreign influence on churches will remain on the agenda.

"There are two options. If [the president] promulgates it, then essentially nothing changes for congregations or individuals. It's a slightly longer process. In any case, we cannot allow religious associations in Estonia to be directed by hostile regimes or organizations that support aggression. This must be addressed no matter what. Congregations can continue their activities in the meantime — this is a matter of persuasion and clarification," he said.

"If the president does not promulgate it today, then it's simple — it goes back to the Riigikogu for a decision, and the Riigikogu will then decide whether to amend, change, or send it forward again in the same direction. But in either case, the issue remains; the challenge is still there. We cannot allow our religious believers to become dependent on hostile regimes, and that is an entirely universal principle," the interior minister emphasized.

On April 9, the Riigikogu adopted the legislation that seeks to ensure that religious organizations operating in Estonia cannot be used to incite hatred or violence.

When the law enters into force, the Estonian Christian Orthodox Church (formerly the Estonian Orthodox Church) must sever its ties with the Moscow Patriarchate, which supports Russia's war of aggression in Ukraine.

Churches, congregations and monasteries that need to bring their statutes and operating principles into line with the law have been given a two-month transition period.

The amendments aim to ensure that religious organizations operating in Estonia cannot be used to incite hatred or violence against another country, nationality, religion, or cultural or value space.

It will not allow churches, congregations or monasteries operating in Estonia to be led by a person or association located in a foreign country if they pose a threat to the security or constitutional or public order of the Estonian state. 

The threat is defined as: "when a spiritual center, governing body, spiritual leader, person or association supports or has supported military aggression or has called for war, a terrorist crime or otherwise unlawful use of armed force or violence."

The abbess of Pühtitsa Convent asked the president not to promulgate the church law amendment earlier this month.

On Thursday, the Estonian Christian Orthodox Church (EKÕK), formerly known as the Estonian Orthodox Church of the Moscow Patriarchate (MPEÕK), thanked the president for not promulgating the legislative amendments, stating that this affirms the correctness of their path.

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