“Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The First Amendment of the US Constitution
Religious freedom is a central tenant of the Bill of Rights and has been a central facet of American life since our inception as a country, in fact pre-dating our founding in some of the original 13 colonies most notably Rhode Island and Pennsylvania. Now before anyone gets the idea that I am about to write something in favor of limiting the freedom to worship or for that matter any limitation on religious practices I am not in fact I am a stalwart supporter of religion in the Public Square and not just mine. You see I am a bit of a purest about this and my view is as long as the religious practice is not harming anyone who cares?
I believe like Thomas Jefferson who wrote in the 1779 Virginia Statute for Religious Freedom:
“no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.”
Some might take me to task for that as a Christian, but my point is not to argue for the Christian faith in this article. Instead my intent is to point out some of the inconsistencies of those who proclaim their rights also seek to limit the religious and even the civil rights of others based on their religious beliefs.
What I will do in this essay is to play the “Devil’s advocate” in the matter of the free exercise of religion as it currently exists in the United States.
This has to be done because of the number of laws being passed by various states which are labeled as acts to protect religious liberty. Unfortunately the reality is that these laws grant license for the Christian majority in those states to discriminate against others on the basis of their religious beliefs. These individuals and religious organizations loudly proclaim their defense of the right to free exercise, but it is more their free exercise rights that they are defending than the rights of others.
In fact those that shout the loudest are also those who seek to limit the religious rights of others using the laws of the Federal Government and the various States and Commonwealths that make up the United States. Since law in the United States is based on legal precedence everything that goes to court on matters of religious liberty as well as the actions of various legislatures matters. Precedent matters and once legal precedent has been established it is very hard to change. Thus each decision sets a precedent and these precedents can effect decisions in entirely unrelated matters.
Our First Amendment Rights are marvels which are envied by the citizens of most of the rest of the world and why shouldn’t they be?
In many nations simply being born as a member of a minority religion, or other hated minority group is enough to ensure that you will never have full legal rights and may even face persecution and death at the hands of those in power. The list is long. Some of the countries include Sudan, Kosovo, Saudi Arabia, Iran, Indonesia, Russia, Pakistan, India, Uganda, Nigeria, the Congo, and the Central African Republic. Of course there are many more but those are just some of the places where members of minority religious face discrimination, persecution and even death.
The rights we have as Americans provided the opportunity for churches that were suppressed on the European continent and elsewhere to thrive free of government persecution. The Baptists are a good example. In the early 1600’s the first Baptists, English Baptists were persecuted, imprisoned and even killed for their beliefs by the English Crown in particular by King James who despite authorizing the Bible given his name and loved by many Baptists as the “only” valid English translation was a notorious homosexual, not that there is anything wrong with that, hated those early Baptists and persecuted them throughout the land.
On the continent itself the Anabaptists and Mennonites as well as others referred to as “enthusiasts,” the forerunners of the Pentecostal movements of the 20th Century were brutally suppressed in many European lands. The example of the siege and destruction of Munster Germany by combined Catholic and Lutheran forces after “enthusiasts” seized power is just one example.
The Jews were persecuted often brutally almost everywhere in Europe for centuries. They were the “Christ killers” and that was even enshrined in the liturgies of churches. But the Jews had a surprising amount of freedom and influence in the Ottoman Empire where in places like Baghdad they composed a rather sizable part of the population and were quite prominent in the Empire.
Catholics were heavily persecuted in England and could not hold public office for many years following the English Reformation. Hundreds of Catholics martyred for simply practicing their religion in private, simply celebrating Mass could get them a death sentence.
Then there were the Huguenots in France. They were French Protestants who had gained a great deal of influence and power that were brutally suppressed and many killed by the French Crown and the Catholic Church.
The Lutherans were not big fans of other religions in Germany and worked with their archrival Roman Catholics to kill off the Anabaptists and the Enthusiasts.
Spain was another brutal place for religious liberty. Even some Roman Catholics now canonized as Saints such as Ignatius of Loyola and Teresa of Avila were brought before the Inquisition. Protestants, Jews, Moslems were all persecuted in Spain, and Spain was equally repressive of native religions in the lands that it colonized in the “New World.”
The Russian Empire was known for its toleration of Catholics, Protestants and Jews especially in the equal treatment given to them in various Pogroms conducted by the government and the Orthodox Church.
The Ottoman Empire had a limited amount of religious toleration so long as you didn’t make trouble and paid your taxes. One cannot really call it liberty for the Empire and persecuted anyone equally that threatened the Caliphate or that they thought were heretical. These included the tribes of the Arabian Peninsula.
Then along came the United States where our forefathers ensured religious liberty in our Bill of Rights along with freedom of speech, assembly and the press. It is a wonderful thing, but we have not always done well with it and there are always those trying to carve out addition “rights” for themselves or their faith communities. Sometimes the more religious people have had a negative influence in this experiment, often being involved with acts of religious and civil intolerance worthy of our European ancestors.
That being said many religious people, particularly Christians and churches have done many good things in promoting human rights, religious rights and the civil rights of all in our country.
In Colonial America most of the colonies had official state religions. In Massachusetts that was the Congregationalist Church and it conducted many of the witch trials and the persecution of people deemed heretic including Quakers and Baptists.
While Christians were in the forefront of the Abolitionist movement whole denominations split on the issue of Slavery. These denominations included the Southern Baptists, the Methodists and the Presbyterians. Curiously neither the Episcopalians nor the Catholics split over the issues although the war found them heavily engaged on both sides of the conflict.
After the war many American Christians worked for the rights of workers, the abolition of child labor and even something that I oppose, Prohibition. Some Christians and churches advocated for the full civil rights of African Americans though few spoke up for rights of the Native Americans and the Chinese immigrants to California who were frequently mistreated and worked for almost nothing on the most demanding jobs like building the trans-continental railroad, mining gold and building stone walls for ranchers.
While enshrining the right to the free exercise of religion the Founding Fathers kind of ignored the human rights of a whole class of people, African American slaves. They allowed the practice of slavery counting Blacks as 3/5ths of a person, which 3/5ths I don’t know but nonetheless only 60% of a full human being. my own family owned slaves and the family patriarch who fought as a Confederate officer in the American Civil War and after the defeat of the Confederacy refused to sign the loyalty oath, which good honorable men like Robert E Lee did and lost the family lands to the Federal Government.
We drove the Native Americans off of their lands, hunted them down and confined them to reservations all while ignoring the treaties that we made with the various Indian Nations. This practice was actually recently defended by the faux “historian” of the Christian Right, David Barton.
If we believe Barton’s “history” the vast majority of the people perpetuating these acts were solid Bible Believing Christians. But then how do we reconcile these crimes against humanity, even crimes against fellow Christians with the Christian faith? If you are Barton you assume that what happened was due to the sin of the Native Americans who had to be subjugated by Christians.
Likewise nearly every ethnic group that immigrated to the United States has experienced some form of discrimination, often religious from the good citizens of this land. It turns out that throughout history we have had some problems in the matter of religious liberty and toleration, especially of those whose customs, language, culture and religion are different than our own.
But the crux of all of this comes down to religious liberty which as Americans we hold dear, at least our own religious liberty. The problem is that those who fight the hardest for their religious liberty frequently want to deny the rights that they have to others that they disagree with in belief, practice or even politics.
Now everyone is for religious liberty in the Public Square until a loathsome man like Fred Phelps and his family owned and operated “Westboro Baptist Church” shows up to protest and hurl vile epithets at those grieving the loss of family members killed in war, taunting these people in the most abhorrent of ways.
However, as grievous as these people are they do this under the right to the free exercise of religion. Some Fundamentalist Moslems have as a stated goal of instating Sharia Law in this land, at least for Moslems. This they proclaim under the banner of religious liberty, however the imposition of Sharia Law on Moslems in the name of their religion also takes away their civil rights under the Constitution and the various laws of the Federal Government of the States that make up our fair land.
The Roman Catholic Church at the direction of the Vatican has attempted rather successfully until a recent Supreme Court ruling to shield Bishops that were complicit in personnel moves and cover ups regarding Priests accused or convicted of sexual misconduct and the sexual abuse of minors from criminal prosecution and civil suits under the guise of diplomatic immunity as the Vatican is a nation state. Could any other religious organization shield its clergy from the laws of the land that any other citizen would be subject to? Not on your or my life, but in the past the Vatican has blatantly done so and hopefully under Pope Francis this too will change.
One of the key issues of religious liberty is the right of those of various beliefs and practices that use television, radio and the internet to espouse hatred and violence in the name of their religious beliefs and under the banner of religious liberty? I may not agree with what they broadcast but they have the right to do it.
Many Conservative Christians, especially Evangelicals and Roman Catholics are keen to support their rights to publicly exercise their religion, even in the government. But they are not good when it comes to other branches of Christianity or non-Christian religions.
The Metropolitan Community Church comes to mind. It is a predominantly Homosexual Christian church many of whose members were driven from their home churches due to their sexuality. Many, except for being gay are very conservative in their theological beliefs. That church has been in the forefront of the fight for marriage equity as well as the right for homosexuals to serve openly in the Military.
The part about marriage is particularly fraught with peril because both the Church and the State have interests in marriage. For many marriage is primarily a religious act with civil overtones, in fact ministers of all denominations are licensed by the state to perform marriages on behalf of the State becoming in effect de-facto officers of the courts and at the same time most states deny homosexual couples the right to marry, regardless of one’s position on the legitimacy of such unions who could say that it is right for the states to approve and license the clergy of almost every religious tradition to conduct weddings that have the full civil effect, including tax breaks for all but a certain group? We have this enshrined in our culture but would deny it to the Metropolitan Community Church to perform weddings for its members. What if someone said that any other minister could not marry members of their own church under their church laws, ordinances and beliefs? There would be a public outcry, but not for the Metropolitan Community Church or other denominations that sanction Gay marriage.
There are so many issues regarding religious liberty. What about adherents of Wicca and other Earth based religions or Native American religions? Some of their practices would not be welcomed by those of many Christian denominations as well as secularists and atheists but if they are not hurting anyone else why should others object?
Likewise why should people object if a religious symbol is displayed on private property or on state property where it has been displayed for decades or longer? Is it hurting anyone? Not really but hurt feelings and being offended count as much as real injury to the litigiously minded. Usually these cases are long, expensive and divisive court proceedings that have served little purpose. I am not in favor of government using such symbols to advance the rights of any given religion, even Christianity. But that being said there are times where religious symbols are part of our American culture where we have memorialized our war dead without the intent of promoting a religious cause. However, if one symbol is present we should not object to others.
Likewise there are those that would attempt to limit the free speech rights and religious rights of Christians and others that protest the practice of abortion using civil disobedience to do so. Some in polite and well-mannered but others are pretty unseemly. That being said I do not think that the religious beliefs of anti-abortion people should be the law for unbelievers or for that matter a believer with different views on abortion.
The problem is that many who call themselves “pro-life” are not pro-life at all but simply anti-abortion. Many Christians who call themselves “pro-life” bless and baptize practices condemned by the same Church Fathers and Biblical writers who they use to support the rights of the unborn. They support the death penalty despite the aversion and opposition to it by the Early Church a and the evidence that in many states that the practice is abused and sentences often wrong. Many advocate for harsh treatment of aliens and exhibit a xenophobic attitude towards some immigrant groups, especially those that are not Christian. Likewise the belief that the economic Social Darwinism of unfettered Capitalism is not only Biblical but God’s best ordained economic system is promoted as the Gospel. The same people often treat the poor and the elderly with distain and treat their political opponents as agents of the Devil rather than people that God might actually care about.
Local governments and even home owners associations have acted to quash home churches and Bible studies. Some have acted to zone land so that the construction of religious buildings, edifices or displays is illegal all of which have been protested and fought in the courts by the groups involved particularly Evangelical Christians of various denominations. Even churches that neighbors have deemed to be too loud in their expression of worship have been penalized by local governments and courts.
Yet many Christians had little problem with using the government to suppression other religious or splinter groups. The tragic example of the Branch Davidians at their Waco compound looms large. David Koresh was a labeled as a “dangerous” cult leader. Nor do many Conservative Christians have a problem in limiting the rights of American Moslems and protest if a Moslem clergyman becomes a military Chaplain or if Moslems want to build a Mosque in their neighborhood. I think that religious intolerance is often in the eye of the beholder. As David Barton the President of “Wallbuilders” an organization that seeks to promote America’s “Christian heritage” quoted William Penn “Whatever is Christian is legal; whatever is not is illegal.”
Barton’s friend and ally Gary North wrote:
“We must use the doctrine of religious liberty to gain independence for Christian schools until we train up a generation of people who know that there is no religious neutrality, no neutral law, no neutral education, and no neutral civil government. Then they will get busy in constructing a Bible-based social, political and religious order which finally denies the religious liberty of the enemies of God.”
So as you can see the subject of religious liberty and the freedom to practice our religions is one that is not as clear cut as we would like to admit.
To play the Devil’s advocate here let me ask this question: “Should we limit the rights to the free exercise of religion for any group?” If we do so where do we draw the line? If we say “everything goes” does this mean for everyone or just us? Could it be that in the enshrining of this right that the Founders actually meant the expression of rational and enlightened religion and not religious expression that limits the rights of other groups or supports the abolition of others Constitutional Rights? Those are all hard questions. As you can see there are a tremendous amount of issues at play when we attempt to legislate or regulate religious practice.
I think that our religious liberty is something to be cherished. But I can see times and places where there would be a need for the community or state to limit such expression. This would not be to take it away but to ensure that such expression is not used as a weapon against others, just as religious beliefs have been used in the past and present by people and governments around the world.
You see the lawyer that dwells deep within my heart that my fellow seminarians saw could argue the point for any position in this debate, which I guess kind of, makes me a bit of a prostitute. But still there are valid points to be made on all sides of this issue and to the extenuating civil, social and even economic and national security concerns that the absolute right to the freedom of religious expression impacts.
The waters get pretty muddy and my concern is that those on various sides of this issue are more about promoting their agenda, be it religious or secular. As I said at the beginning of this essay the issue is about legal precedence and sometimes the unintended consequences of decisions reached hastily when those on the various sides of an issue go to court or establish a new law which enshrines any group with the ability to discriminate against others based on the majority’s religious beliefs.
The question of religious liberty and the tension between competing Free Exercise rights and concerns about the “excessive entanglement” of religion in government will be with us for a long time. I think the result of the heated and often litigious nature of the debate will actually turn people away from the Christian faith and will actually do great damage to the First Amendment protections that we all enjoy.
This causes me great concern as I value the right to the free exercise of religious expression and the right of others not to have the religious views of any group made the law of the land.
Religion can and often has been abused and used by the faithful as a dictatorial bludgeon and those who now advocate so stridently for their faith to be made the law of the land should well remember the words of James Madison:
“Who does not see that the same authority which can establish Christianity, in exclusion of all other religions, may establish with the same ease any particular sect of Christians, in exclusion of all other sects?”