Pietro Pavan, who wrote Pacem en Terris for John XXIII, and who was deeply involved in drafting Dignitatis Humanae at the Council, presented this paper to the Pope during the Council, explaining the minority and majority position among the bishops regarding how to understand and express religious liberty.
Important for debates about the meaning of DH, Pavan tells us that it was a minority position that wanted to frame the teaching in terms of mere tolerance rather than a human right for non-Catholics, and that the majority position believed the genuine human right for liberty among even non-Catholics could be explained by reference to Pacem en Terris, and reconciled with prior magisterial teachings by way of historical contextualization.
________________________
“With regard to the substance of the problem, the Fathers agree, it may be said unanimously, on one very important point: religious freedom today must be recognized for everyone; and it is good that the Council affirm and proclaim this. However, concerning the reasons why religious freedom today must be recognized for everyone, the Fathers are fundamentally divided into two groups, though there is a considerable disparity in the number of adherents to one group and the other.
Minority Group
The doctrinal-pastoral position supported by the minority group can be summarized in three points:
a) Religious freedom today must be recognized for everyone: Catholics and non-Catholics; Christians and non-Christians; believers and non-believers. It is appropriate for the Council to affirm and proclaim this.
b) Religious freedom can be affirmed as a genuine right of the person only for Catholics. The reason is that only Catholics are in the truth in the religious sphere, while all others are in error; and a right can be founded only upon truth, never upon error. Therefore, non-Catholics cannot possess a genuine right to profess their religion, that is, a false religion.
c) Nevertheless, today, at least as a fundamental directive in the social-civil regulation of relations within human coexistence, religious freedom should be recognized or, more precisely, granted also to non-Catholics as a tolerance for reasons of the common good: both the common good of individual political communities and the common good of the entire human family; as well as the common good of individual Catholic communities and of the Universal Church.
As regards the authority for their position, the Fathers believe that they can ground their thesis in the Syllabus, in the teaching of Leo XIII, and in the teaching of Pius XII, expressed in his address to Catholic jurists on December 6, 1953.
The reference to Pius XII is considered objective, even though it cannot be denied that previously the same Pontiff had opened another perspective on the matter.
Majority Group
The doctrinal and pastoral position supported by the majority group can likewise be set out in three stages.
a) Religious freedom must be recognized for all human beings as a fundamental right of the person: the Council must affirm and proclaim this in clear and unequivocal terms.
b) The Fathers vigorously defend their thesis, but they do not wish to adduce intrinsic reasons to demonstrate it: they almost seem to be saying that there is no need to prove what is self-evident. Nevertheless, two reasons repeatedly reappear in their position.
Today it is no longer tolerable for Religion to be treated as an element of discrimination among citizens of the same political community; that is, it is no longer tolerated that within the same political community—especially if it is a political community advanced in the economic, social, political, and cultural spheres—there should be citizens who, in the religious sphere, can breathe freely because that freedom is a right recognized as belonging to their person, and citizens who, in the religious sphere, can breathe only through a dropper because their freedom is a concession or a gift.
Today more than ever, the Church needs freedom in order to carry out her mission fruitfully in the world. Yet today more than ever, the Church can succeed in defending her freedom with a certain effectiveness when she becomes an advocate and vindicator of human freedom, especially of human freedom in the most critical sphere, which is the religious sphere.
The Council cannot fail to pronounce upon religious freedom: given the universal expectation concerning the matter, the disappointment would be profound throughout the entire human family. However, since it must pronounce upon the matter, it cannot affirm and proclaim religious freedom as a right of the person for Catholics and as tolerance for non-Catholics: it must affirm and proclaim religious freedom as a right of the person for everyone; otherwise the reaction throughout the world would be immediate and extremely strong, with negative consequences of incalculable scope.
The result of the Second Vatican Ecumenical Council would be the opposite of what John XXIII intended when he convoked it. As regards the authority for their position, the Fathers believe that they can ground their thesis in the teaching of Pius XII expressed in his 1942 Christmas Radio Message, and even more so in the encyclical Pacem in terris of John XXIII. But they also believe that their thesis is, substantially, in harmony with the traditional teaching of the Church, and they think that the statements on the matter in the Syllabus and in Leo XIII do not constitute insurmountable difficulties; for, they observe, those statements must be understood within the historical context of the time and, above all, in relation to the errors that the Pontiffs were seeking to dispel.”
Taken from Acta Synodalia, volume VI, pars III, pp. 113–122.
archive.org/details/ASVI.3/p…