The very first Constitutional amendment ratified in the Bill of Rights says that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (Constitution). Many would not see any problem with this statement in regards to our current government and society. However, I disagree. The most prominent example in my mind is the pending Hate Crimes Bill currently being discussed in the U.S. Congress. A pastor may refuse to hire a homosexual individual because it is against his or her religious beliefs and then may be penalized by this law. Wouldn’t that law be “respecting an establishment of religion” by refusing to allow the pastor to follow his religious beliefs?
The more pronounced abuses against religious freedom fall under the phrase “prohibiting the free exercise thereof,” which is what I’d like to cover more fully.
One of the most authoritative voices on religious freedom is Thomas Jefferson. In 1786, the Virginia House of Burgesses passed a bill drawn up by Jefferson titled “An Act for Establishing Religious Freedom.” Among many important points in this bill is a statement emphasizing the free practice of religion. It says:
“No man 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 nowise diminish, enlarge, or affect their civil capacities” (Jefferson 119).
While there are fortunately very few laws that currently restrain religious freedom, it is certainly true that there are media and societal pressures that would restrain a man from arguing his positions on matters of religion and certainly there are forces claiming that the practice of religion affects a person’s civil capacities. One example of this abuse is found in the aftermath of the passing of Proposition 8 in California. Just a few months ago, Proposition 8 was passed in a state-wide vote declaring that marriage is between one man and one woman. Furious at the outcome of the long and intense debate, homosexual activists persecuted financial donors, vandalized and destroyed church properties, and intimidated anyone who had supported the cause. They also started several lawsuits against churches and religious officials claiming that religion should have no part in a political debate.
The Universal Declaration of Human Rights declares that:
“Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance” (US Code).
Notice that this statement includes public life. This affects the increasing arguments against nativity scenes in front of town halls, and a recent controversy surrounding high school cheerleaders using scripture verses in their banners. It also affects the ban against football players no longer being allowed to drop a bended knee in deference to God after a touchdown and school officials being banned from offering prayers at extracurricular functions.
The writers of the Bill of Rights purposely placed the right to religious freedom as the first amendment. It is an absolutely vital principle in our government and society. The United States Code, a federal law, states:
“The right to freedom of religion undergirds the very origin and existence of the United States….[The Nation’s Founders] established in law, as a fundamental right and as a pillar of our Nation, the right to freedom of religion.”
As citizens of the United States, we must uphold the Constitution and protect the right to religious freedom from attack. It is a natural and fundamental right that is at the core of our nation. Religious freedom is a major basis for the founding of America and it is one of the most prominent reasons for America’s goodness and virtue. As Alexander de Tocqueville’s famous quote says, “America is great because she is good. If America ceases to be good, America will cease to be great” (qtd. in Couch).
Works Cited
The Constitution of the United States with Index and The Declaration of Independence. 2nd ed. Malta, ID: National Center for Constitutional Studies, 2005. Print.
Couch, Stuart. "Couch: A Question of Conscience — The Center for the Study of Human Rights in the Americas (CSHRA)." Center for the Studies of Human Rights in the Americas. UCDavis, 2008. Web. 22 Oct. 2009.
Jefferson, Thomas. "An Act for Establishing Religious Freedom." 1785. Voices of Freedom: A Documentary History. 2nd ed. Vol. 1. New York: W.W. Norton & Company, 2008. 119. Print.
"US CODE: Title 22,6401. Findings; policy." LII
Legal Information Institute. Cornell University Law School, 2008. Web. 21 Oct. 2009.
