Religious Freedom: The First Amendment Under Attack

In the past century, there has been a constant, subtle attack on a principle that lies at the very heart of our nation’s foundation. Through media, legal, and societal pressures, there has been a push to eradicate this principle from our society. Many people claim to be advancing this truth, even as they unwittingly take an ax to its foundation. The principle under attack is the right of religious freedom. American society must recognize the fundamental and natural right of religious freedom and be more vigilant in its protection.


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. .

Morality Necessary for a Free Government

This is a quote from George Washington's farewell address when he left the presidency. He listed several important guidelines for future political decisions, and here is one of the most important ones he listed:

"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked: Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice ? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.

It is substantially true that virtue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric?"

http://avalon.law.yale.edu/18th_century/washing.asp

Please go back and read that last paragraph and make sure you understand it.
Who, indeed? Who can look indifferently at our government's push to take morality and religion out of public affairs? Why are we standing idly by?
Also, please note that he gave this speech while still the President of the United States. So much for separation of church and state.