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Religious Liberty
An Introduction to the Issues
from the Interfaith Working Group
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Congress shall make no law respecting an
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. - United States
Constitution, Amendment I
The senators and representatives before
mentioned, and the members of the
several state legislatures, and all executive
and judicial officers, both of the United
States and of the several states, shall be
bound by oath or affirmation, to support
this Constitution; but no religious test
shall ever be required as a qualification to
any office or public trust under the United
States - United States Constitution,
Article VI
All persons born or naturalized in the
United States, and subject to the
jurisdiction thereof, are citizens of the
United States and of the State wherein
they reside. No State shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States; nor shall any State deprive
any person of life, liberty, or property,
without due process of law; nor to deny
to any person within its jurisdiction the
equal protection of the laws. - United
States Constitution, Amendment X1V
Religious Liberty
The United States, thanks to its Constitution and the eternal vigilance of its
citizens, is a model of religious liberty.
We all enjoy the right to believe or not
believe, to worship or not worship, as we
choose. No religious organization depends on or is controlled by the
government, and the government is not
controlled by or dependent on any religious
organization.
Religious Diversity
The Interfaith Working Group is supported by
religious organizations,
congregations, and clergy from seventeen
religious traditions: American Baptist,
Brethren, Christian Church (Disciples of Christ),
Conservative Judaism,
Episcopal, Ethical Society, Lutheran,
Mennonite,
Moravian, Presbyterian (PCUSA), Reconstructionist Judaism, Reform Judaism,
Unitarian Universalist, United Church of
Christ, United Methodist and the
Universal Fellowship of Metropolitan Community Churches.
That's only a small portion of the religious
groups in the United States.
Eternal Vigilance
Religious tolerance, religious liberty,
and religious diversity are interdependent.
Religious tolerance leads to religious liberty;
religious liberty creates religious
diversity; and religious diversity
requires religious tolerance.
Religious intolerance often results in
calls to limit religious liberty, which limits
religious diversity, which, as a result, has
historically ended in even less religious
tolerance.
When a religious organization tries to
control the political process through
partisan activities, elected officials at the very
least risk appearing less than
impartial toward a particular religious
belief. When the government
shows favoritism toward a religious group,
it brings religious differences to the fore
in the culture, promotes competition to
become the favored group, reduces
religious tolerance, and encourages
religious groups to attempt to control the
political process even more.
Unfortunately, the free exercise clause
of the First Amendment is very often used
as an excuse to undermine the establishment clause of the First Amendment by
creating a de-facto official religion or the
appearance of one. Maintaining the
balance that gives us religious liberty
requires eternal vigilance, and a
comprehensive understanding of the many issues
involved.
Organized School Prayer
Organized school prayer forces some
students to participate in religious
observances that may go against their beliefs,
or singles them out for their religious
differences if they don't participate. It
fosters competition among religious groups
to have the official prayers match their
own beliefs. All students currently have
the right to pray in school. It is organized
prayer that is specifically not allowed.
Display of the Ten Commandments
The display of the Ten Commandments in government buildings, especially
courtrooms and classrooms, is extremely
problematic. The Constitution is the
law of the land, not the Ten Commandments. This is clearly spelled out in
Article VI of the Constitution. Courtroom displays
of the Ten Commandments, which include
very specific religious instructions, give
the clear appearance of judicial favoritism
to Jews and Christians, in violation of the
First and Fourteenth Amendments.
Posting the Ten Commandments in the classroom raises all the same problems as
organized school prayer. There are also
at least three major versions of the Ten
Commandments: Jewish, Roman Catholic,
and Protestant; anyone posting a version
must pick one,
implying further favoritism. And there are
significant differences in translation which,
though minor to a casual observer, are
very important to people of faith.
Religious Displays On Public Land
There is plenty of prominent private
land on which on which religious symbols
may be displayed. Religious displays on
public land, while deemed legal under
certain circumstances, lead to the impression
that the government endorses the
religions featured in a display.
While many
governments have attempted to
create a balance in such displays by
including secular and multi-religious
symbolism, they only tend to be displayed during major Christian holidays.
Government Subsidies
Paying parents to send children to religious schools rewards the religious
organizations that run them, encourages religious segregation, and decreases
religious tolerance. Government subsidy of religious charities, either
directly or through vouchers, invites government control of religious
activities and/or constitutes taxation without representation; taxpayers have
no say in how the subsidized organizations are run without government
regulation. Funds go to religious beliefs and practices which taxpayers may
disagree with, and those needing government-funded services may be subjected
to proselytizing. Government subsidies for religious activity cause
competition and animosity between religions and can lead to the special
treatment of politically-connected religious institutions.
Marriage
Civil marriage and religious marriage are completely different, but often
confused because states let the religious ceremony double as a state
ceremony. Clergy do not have to marry anyone who asks
(interfaith couples,
non-members of their congregations, divorced persons, etc.) but the
entanglement between the two institutions has caused governments to
consider majority religious belief when forming marriage policies, and has
caused some state governments to consider limiting religious practice to
avoid the appearance of legal recognition for couples without licenses. See
Religious Support for Equal Marriage Rights
for an overview of religion and marriage for same-gender couples.
Political Endorsements
When religious organizations become
involved in elections, rather than focusing
on stating their beliefs about the issues,
they are in danger of losing their moral
authority, as well as alienating
their members. And when elected officials start
feeling that they are indebted to a particular
religious group, everyone's religious liberty is threatened.
Further Reading
Visit our church/state separation links section.
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