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by Charles C. Haynes
From the colonial era to the present, religions and
religious beliefs have played a significant role in the political life of the
United States. Religion has been at the heart of some of the best and some of
the worst movements in American history. The guiding principles that the Framers
intended to govern the relationship between religion and politics are set forth
in Article VI of the Constitution and in the opening 16 words of the First
Amendment of the Bill of Rights. Now that America has expanded from the largely
Protestant pluralism of the seventeenth century to a nation of some 3,000
religious groups, it is more vital than ever that every citizen understand the
appropriate role of religion in public life and affirm the constitutional
guarantees of religious liberty, or freedom of conscience, for people of all
faiths or none.
The philosophical ideas and religious convictions of Roger Williams, William
Penn, John Leland, Thomas Jefferson, James Madison, and other leaders were
decisive in the struggle for freedom of conscience. The United States is a
nation built on ideals and convictions that have become democratic first
principles. These principles must be understood and affirmed by every generation
if the American experiment in liberty is to endure.
The Religion then of every man must be left to the conviction and
conscience of every man; and it is the right of every man to exercise it as
these may dictate. This right is in its nature an unalienable right.
-James Madison
1785
The Religious Liberty clauses of the First Amendment to the Constitution
are a momentous decision, the most important political decision for religious
liberty and public justice in history. Two hundred years after their enactment
they stand out boldly in a century made dark by state repression and
secratarian conflict. Yet the ignorance and contention now surrounding the
clauses are a reminder that their advocacy and defenseis a task for each
succeeding generation.
-The Williamsburg Charter
1988
FRAME OF REFERENCE
Conceptual perspective
- The central place of faith in the idea of religion.
The radical pluralism of faiths in the United States today makes it
difficult to define religion without excluding religions that may not fit a
chosen definition. If, however, citizens are to understand the role of
religion in American public life and support religious liberty for all, they
need to appreciate that faith is of central importance to many Americans.
- The centrality of religion in the lives of many Americans.
Without defining what religion is, we can, for purposes of civic
understanding, focus on what religion does in the lives of believers.
Ultimate beliefs and world views shape the lives of many people because
they are regarded as the deepest source of meaning and belonging. In the
United States, arguably the most religious of all the industrialized
nations, religious beliefs are at the center of life for millions of
Americans. These beliefs are not confined to worship and family life; they
also shape the political and social views of vast numbers of citizens.
- The expansion of religious pluralism.
The United States has moved beyond the largely Protestant pluralism of its
early history to a pluralism that includes almost every religious
expression in the world. This expanding diversity presents new challenges
for American public life.
- Religious liberty as freedom of conscience for all, including
non-believers.
A growing number of people in the United States express no religious
preference at all. Any discussion of pluralism and the role of religion in
public life, therefore, must include secularists, humanists,
non-believers, and others who do not profess any religious beliefs.
- The protection of religion in its broadest sense.
The Supreme Court has accepted the necessity of broad recognition of
world views (and the dangers of too narrow a definition of religion) by
giving conscientious objector status to those who have "a sincere and
meaningful belief which occupies in the life of its possessor a place
parallel to that filled by the God of those admittedly qualifying for
the exemption ..." (U.S. v. Seeger, 1965).
- No one excluded from protection.
The important point for citizens to keep in mind is that religious
liberty, or freedom of conscience, was intended by the Framers to
protect the beliefs of everyone, not just those of recognized faith
communities.
- The American experiment in religiousliberty.
Religious liberty in America is a key part of the boldest and most
successful experiment in freedom the world has known. The strength and
diversity of religion in the United States is due almost entirely to the
full protection of religious liberty, or freedom of conscience, guaranteed
by the Constitution.
- Religious liberty as the "first liberty."
Religious liberty has been called America's "first liberty" because
freedom of the mind is logically and philosophically prior to all other
freedoms protected by the Constitution.
- Definition of religious liberty. In the American
experiment, religious liberty is defined according to the following
elements:
- Freedom of conscience.
There shall be full freedom of conscience for people of all faiths or
none.
- Religious liberty, an inalienable right.
Religious liberty is considered to be a natural or inalienable right
that must always be beyond the power of the state to confer or remove.
- Right to practice any or no religion.
Religious liberty includes the right to freely practice any religion or
no religion without governmental coercion or control.
- Guarantees of religious liberty in the
Constitution.
The guiding principles supporting the definition of religious liberty are
set forth in Article VI of the Constitution and in the opening words of
the First Amendment to the Constitution. These principles have become the
ground rules by which people of all religions or none can live together as
citizens of one nation.
- Article VI of the Constitution.
Article VI concludes with these words: "No religious test shall ever be
required as a qualification to any office or public trust under the
United States." With this bold stroke, the Framers broke with European
tradition and opened public office in the federal government to people
of all faiths or none.
- Religious Liberty clauses.
The First Amendment's Religious Liberty clauses state that "Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof ..." Taken together, these two
clauses safeguard religious liberty by protecting religions and
religious convictions from governmental interference or control. They
ensure that religious belief or nonbelief remains voluntary, free from
governmental coercion.
- State and local government included.
The clauses apply equally to actions of both state and local
governments, because the Supreme Court has ruled that the Fourteenth
Amendment's dictum that states are not to deprive any person of
liberty makes the First Amendment applicable to the states.
- Meaning of "no establishment."
"No establishment" means that neither a state nor the federal
government can establish a particular religion or religion in general.
Further, government is prohibited from advancing or supporting
religion. This does not mean that the government can be hostile to
religion. The government must maintain what the Supreme Court has
called "benevolent neutrality," which permits religious exercise to
exist but denies it government sponsorship. The No Establishment
clause serves to prevent both religious control over government and
political control over religion.
- Meaning of "free exercise."
"Free exercise" is the freedom of every citizen to reach, hold,
practice, and change beliefs according to the dictates of conscience.
The Free Exercise clause prohibits governmental interference with
religious belief and, within limits, religious practice.
(1) The difference between belief and practice. The Supreme Court
has interpreted "free exercise" to mean that any individual may
believe anything he or she wants, but there may be times when the
state can limit or interfere with practices that flow from these
beliefs.
(2) The traditional "compelling interest"
test. Traditionally, the Court has required a government to
demonstrate a compelling interest of the "highest order" before it can
burden or otherwise interfere with religious conduct. Even then, the
government has to demonstrate that it has no alternative means of
achieving its interest that would be less restrictive of religious
conduct.
(3) Restoring the "compelling interest" test. A 1990 Supreme Court
decision, Employment Division v. Smith, states that government no
longer has to demonstrate a compelling government interest unless a
law is specifically targeted at a religious practice or infringes upon
an additional constitutional right, such as free speech. The Religious
Freedom Restoration Act, signed into law by President Clinton in 1993,
restores the compelling interest test and ensures its application in
all cases where religious exercise is substantially burdened.
- Religion, public life, and politics.
The First Amendment separated church from state but not religion from
public life.
- The involvement of religious groups in public life.
Many religious groups consider it an article of faith to speak out on
issues of moral concern in the public sphere. The Constitution protects
the right of religious individuals and organizations to attempt to shape
public policy and to exercise their influence. There are presently
hundreds of nonprofit groups concerned with religious issues and public
life in the United States.
- Tax-exempt status dependent on nonpartisanship.
However, religious organizations that are exempt from taxation under
Section 501 (c) (3) of the Internal Revenue Code may not engage in
partisan politics by endorsing or opposing candidates for public office or
by spending a substantial amount of their resources lobbying Congress.
- Religious liberty and political responsibility.
In certain cases, the injection of religious views into political debate,
though constitutionally protected, may be irresponsible.
- Religious views in political debate are protected.
In the American experiment in self-government, disestablishment of
religion, or separation of church and state, prevents religious
institutions from establishing their faith as the law of the land and
from receiving financial support from the state. At the same time, "free
exercise" protects the right of religious views to be part of the
political debate.
- Religious attacks in political debate may be irresponsible.
It is important to remember, however, that some actions taken by
religious organizations or individuals in the political arena (for
example, attacks against the fitness of people to hold public office
because of their religion) may not be unconstitutional but may be
politically irresponsible violations of the spirit of religious liberty.
Historical perspective
The relationship of politics and religion has been a central issue in
American life since the colonial era. For most of the European settlers who
came to North American shores in the seventeenth century from England, France,
and Spain-all nations with established churches-a society without an
established faith was unimaginable.
The unity and morality of the community, it was believed, depended upon
divine sanction of political authority and conformity of the populace in
matters of faith. Eventually, however, by separating religion and government
and by granting freedom to all religious groups, America launched a new
political experiment unprecedented in the world's history.
- The religious liberty sought by the Puritans.
Like many who arrived on these shores in the seventeenth century, the
Puritans of Massachusetts Bay came to America seeking religious freedom.
- Religious freedom not sought for others.
The freedom they sought, however, was for themselves and not for others.
The Puritans felt called by God to establish "new Israel," a Holy
Commonwealth based on a covenant between God and themselves as the people
of God.
- All laws to be grounded in God's law.
Though there were separate areas of authority for church and state in
Puritan Massachusetts, all laws of the community were to be grounded in
God's law and all citizens were expected to uphold the divine covenant.
Massachusetts was to be an example to the world of God's kingdom on earth,
"a City upon a hill."
- Roger Williams and the origins of freedom of conscience in
Puritan America.
Very early in the Massachusetts experiment, dissenters arose to challenge
the Puritan vision of a holy society. The first dissenter, Roger Williams
(c.1603-1683), was himself a Puritan minister but with a very different
vision of God's plan for human society. Williams argued that God had not
given divine sanction to the Puritan colony. In his view, the civil
authorities of Massachusetts had no authority to involve themselves in
matters of faith. The true church, according to Williams, was a voluntary
association of God's elect. Any state involvement in the worship or God,
therefore, was contrary to the divine will and inevitably led to the
defilement of the church.
- "Soul liberty" means freedom of conscience for all.
Williams' arguments for religious liberty had two principal parts.
- Freedom of conscience as God's will.
Central to Roger Williams' arguments for separating church and state was
his conviction that it was divine will that every individual's
conscience remain free to accept or reject the word of God. Williams
defined freedom of conscience, which he called "soul liberty," as the
freedom of each person to follow his or her own heart in matters of
faith without interference or coercion by the state.
- Religious intolerance and war.
Citing Europe's long history of wars and divisions, Williams pointed out
that coercion in matters of faith inevitably leads to persecution and
bloodshed.
- Rhode Island's experiment in religious liberty.
Williams found it necessary to seek religious liberty outside of
Massachusetts Bay.
- The founding of Rhode Island.
Banished from Massachusetts in 1635, Roger Williams founded Rhode
Island, the first colony with no established church and the first
society in America to grant liberty of conscience to everyone. Jews,
Quakers, and others not welcome elsewhere made their home there.
- The wider significance of the Rhode Island's religious
liberty.
Eventually, Williams' conception of soul liberty had an impact far
beyond the Rhode Island experiment. In the eighteenth century,
dissenting religious groups, particularly the Baptists, were inspired by
Williams' ideas to advocate disestablishment and freedom of conscience.
Some historians also argue that Williams' writings influenced the
Enlightenment philosopher John Locke (1632- 1704), a key source for
Thomas Jefferson's views concerning religious liberty.
- Freedom of conscience as an American conviction.
The Puritans' demand for religious liberty for themselves became, in the
vision of Roger Williams, a requirement of religious liberty for all.
- Early religious liberty outside Rhode Island.
This revolutionary idea was echoed to a lesser degree (and for only a
brief period) in seventeenth-century Maryland and later, more fully, in
the eighteenth- century "holy experiment" of Quaker William Penn's
colony of Pennsylvania.
- Gradual extension of religious liberty.
Gradually, the extension of liberty to include not only one's own group
but also others, even those with whom "we" disagree, became a central
American conviction. It is this principle of full freedom for people of
all faiths and of none that was embodied 150 years later in the First
Amendment to the Constitution.
- The movement toward religious liberty in the United States.
The momentous decision by the framers of the Constitution and the Bill of
Rights to prohibit religious establishment on the federal level and to
guarantee free exercise of religion was related to a number of religious,
political, and economic factors in eighteenth-century America. Underlying
all of these factors, of course, was the practical difficulty of
establishing any one faith in an emerging nation composed of a multiplicity
of faiths (mostly Protestant sects), none of which was strong enough to
dominate the others.
- From toleration to free exercise.
The period between 1776 and the passage of the First Amendment in 1791 saw
critical changes in fundamental ideas about religious freedom.
- The Virginia Declaration of Rights.
In May 1776, just prior to the Declaration of Independence, the leaders
of Virginia adopted the Virginia Declaration of Rights, drafted by
George Mason. The first draft of the Declaration argued for the "fullest
toleration in the exercise of religion according to the dictates of
conscience." This language echoed the writings of John Locke and the
movement in England toward toleration.
- Madison's objection: "toleration" versus "free exercise."
Although toleration was a great step forward, a 25-year-old delegate
named James Madison (1751-1836) did not think it went far enough.
Madison, also deeply influenced by the ideas of the Enlightenment,
successfully argued that "toleration" should be changed to "free
exercise" of religion. This seemingly small change in language signaled
a revolutionary change in ideas. For Madison, religious liberty was not
a concession by the state or the established church, but an inalienable
or natural right of every citizen.
- "Free exercise and the First Amendment."
In 1791, the free exercise of religion proclaimed in the Virginia
Declaration became a part of the First Amendment, guaranteeing all
Americans freedom of conscience.
- From establishment to separation.
The decisive battle for disestablishment came in the large and influential
colony of Virginia, where the Anglican Church was the established faith.
Once again, James Madison played a pivotal role by leading the fight that
persuaded the Virginia legislature to adopt in 1786 Thomas Jefferson's
"Bill for the Establishment of Religious Freedom."
- Madison, Jefferson, and the struggle for
disestablishment.
Madison and Jefferson argued that state support for a particular
religion or for all religions is wrong, because compelling citizens to
support through taxes a faith they do not follow violates their natural
right to religious liberty. "Almighty God had created the mind free,"
declared Jefferson's bill. Thus, "to compel a man to furnish
contributions of money for the propagation of opinions which he
disbelieves and abhors, is sinful and tyrannical."
- The "Great Awakening" and the struggle for
disestablishment.
Madison and Jefferson were greatly aided in the struggle for
disestablishment by the Baptists, Presbyterians, Quakers, and other
"dissenting" faiths of Anglican Virginia. The religious revivals of the
eighteenth century, often called The Great Awakening (1728-1790),
produced new forms of religious expression and belief that influenced
the development of religious liberty throughout the colonies. The
revivalists' message of salvation through Christ alone evoked a deeply
personal and emotional response in thousands of Americans.
- Evangelical fervor and religious self-government.
The evangelical fervor of the Awakening cut across denominational lines
and undercut support for the privileges of the established church.
- Support of religious choice by evangelicals.
Religion was seen by many as a matter of free choice and churches as
places of self-government. The alliance of church and state was now
seen by many as harmful to the cause of religion.
- Leadership in Virginia of John Leland. In
Virginia this climate of dissent and the leadership of such religious
leaders as John Leland, a Baptist, provided the crucial support
Madison needed to win the battle for religious liberty in Virginia.
- The final demise of religious establishment. The
successful battle for disestablishment in Virginia is a vital chapter in
the story of religious liberty in America. By the time of the
ratification of the First Amendment in 1791, all of the other Anglican
establishments (except in Maryland) were ended. The Congregational
establishments of New England lasted longer. Not until 1818 in
Connecticut and 1833 in Massachusetts were the state constitutions
amended to complete disestablishment.
- The constitutional prohibition of religious tests for office in
Article VI.
The only mention of religion in the Constitution of the United States
prior to the adoption of the First Amendment was the "no religious test"
provision of Article VI. The significance of this often-forgotten provision
cannot be exaggerated. At the time of the Constitutional Convention in 1787,
most of the colonies still had religious establishments or religious tests
for office. It was unimaginable to many Americans that non-Protestants -
Catholics, Jews, atheists, and others - could be trusted with public office.
- "No religious test" proposed at the Constitutional Convention.
One aspect of religious liberty was inserted into the Constitution during
its framing in Philadelphia.
- The role of Charles Pinckney.
At the Constitutional Convention, Charles Pinckney (1757-1824), a
delegate from South Carolina, proposed that "no religious test shall
ever be required as a qualification to any office or public trust under
the United States." Though he came from a state that had established the
Protestant faith as the state religion, Pinckney represented the new
spirit of religious liberty exemplified in the Enlightenment thinking of
Jefferson.
- A tool for oppression outlawed. Remarkably,
the "no religious test" provision passed with little dissent. For the
first time in history, a nation had formally abolished one of the most
powerful tools of the state for oppressing religious minorities.
- Religious tests imposed in some states.
Most states followed the federal example and abolished tests for state
office. But it was not until 1868 in North Carolina, 1946 in New
Hampshire, and 1961 in Maryland that religious tests were abolished
entirely. Maryland had required since 1867 "a declaration of belief in
God" for all officeholders. When the U.S. Supreme Court struck down this
requirement in 1961, freedom of conscience was fully extended to include
non-believers as well as believers. No religious test can be imposed for
any office at any level of government.
- Informal religious tests a factor in elections.
Though the Constitution barred religious tests as a formal qualification
for office, many American voters continued to apply informal religious
tests in the political arena, particularly in presidential elections.
- Exclusion of Catholics.
With two exceptions (Al Smith in 1928 and John Kennedy in 1960) all
presidential and vice-presidential candidates nominated by the two major
parties have been Protestants. The election of Kennedy, a Roman
Catholic, broke the informal political barrier that had long excluded
non-Protestants from the presidency.
- Religious dissension among Protestants.
Even with Protestant candidates, religion has frequently been an issue.
Beginning with attacks on the Deist religious convictions of Thomas
Jefferson (Deism is a faith based on reason rather than revelation) and
continuing to the recent discussions about which candidate is "born
again," questions about the "correctness" of a politician's religion
have played an important role in many national elections.
- The First Amendment principles of religious liberty.
In the mind of James Madison and some of the others at the Constitutional
Convention, the Constitution established a limited federal government with
no authority to act in religious matters. That others were unsure had
momentous consequences.
- Reassurance for those fearful of religious intolerance.
Many Americans, including leaders of the Baptists and other religious
groups, feared that the Constitution offered an insufficient guarantee of
the civil and religious rights of citizens.
- Madison's promise of a bill of rights.
Many of those who suspected the proposed new constitution demanded a
bill of rights as their price of moderating their heated opposition to
its adoption. To win ratification, Madison promised to propose a bill of
rights in the First Congress.
- The enshrinement of religious liberty in the Bill of
Rights.
Madison kept his promise, and the Religious Liberty clauses adopted by
the first Congress in 1789 became, when ratified by the required number
of states in 1791, the opening words of the Bill of Rights.
- Religious liberty and the first principles of American
liberty.
Full religious liberty was first applied to acts of the federal government
alone. Later it was applied to the states as well.
- The First Amendment and the federal government.
With the passage of the First Amendment, the principles of
nonestablishment and free exercise became the first principles of
American freedom. The federal government was constitutionally prohibited
from establishing or sponsoring religion and prohibited from interfering
with the natural right of every citizen to reach, hold, exercise, or
change beliefs freely.
- The First Amendment and state governments. These
prohibitions were extended to the states in the twentieth century,
following Supreme Court rulings that the Fourteenth Amendment made the
First Amendment applicable to the states.
- Religious influences in American political life.
Disestablishment was never meant to keep religious beliefs or institutions
from influencing public life. From the beginning of American history,
religions and religious believers have played a central role in shaping
public policy and political debate.
- De facto Protestant establishment. For many
Protestants in the nineteenth century, disestablishment meant an end to
the coercive power of the state in matters of faith and barred any faith
from becoming the legally established religion. But disestablishment did
not extinguish the Protestant vision of creating and maintaining a
"Christian America." By numbers and influence, Protestantism became the de
facto established religion of the nation. Many no doubt agreed with Daniel
Webster when he argued in 1844 that "general tolerant Christianity is the
law of the land."
- Protestant contributions to social reform. The close
ties between Protestant churches and American culture led to many social
and political reforms. This can most clearly be seen in the "Second Great
Awakening" of the early nineteenth century when some Protestant leaders
mounted a crusade to reform and revitalize America. Urban social work,
schooling for poor children, the abolitionist movement, supported by
Quakers, Methodists, and others, were only a few of the many reform
movements inspired in large measure by the religious awakenings.
- Nativist reaction to expanding pluralism. A dark side
to the Protestant vision of America became evident in the nineteenth
century.
- The effects of immigration.
The waves of immigrants coming to these shores in the nineteenth century
challenged the Protestant domination of the culture. By 1850 Catholicism
was the largest single American denomination, and by the end of the
century large numbers of Jews had arrived to become citizens.
- The rise of anti-Catholicism and anti-Semitism.
There were only a few Catholics and Jews in America from the earliest
days of colonization. This dramatic influx of non-Protestants created
fear and anxiety among some Protestants.
- Intolerance and the "Know Nothings" at mid-century.
An anti-Catholic and anti-foreign nativist movement emerged in the
first half of the nineteenth century, culminating in the 1840s and
1850s in the Know-Nothing Party. Catholics were the victims of
violence and discrimination in many parts of the nation.
- Intolerance at the turn of the century.
A resurgence of similar sentiments in the late nineteenth and early
twentieth centuries contributed to widespread anti-Semitism,
opposition to immigration, and the rise of the Ku Klux Klan.
- The positive role of religion in helping shape public policy.
The ugly expressions of religious bigotry in the nativist movement
represent some of the worst examples of religious involvement in politics
and public policy. But religion has also been at the heart of some of the
best movements in American social and political life.
- The contribution of African-American churches.
The black churches have played a central role in the political and
social history of African-Americans from the colonial period to the
present. Indeed, black churches have shaped the lives of all Americans
by providing much of the moral and political leadership of the civil
rights movement.
- The contribution of Judaism and other minority religions.
In the late nineteenth and early twentieth centuries, churches,
synagogues, and temples provided vital support for Catholic, Eastern
Orthodox, Jewish, and Asian Buddhist immigrants as they adjusted to life
in the United States. Religious communities were also at the forefront
of many reform movements during the Progressive Era early in this
century. Various religious groups, notably Unitarians, Quakers, and
Reform Jews, have been particularly visible in the peace movements and
in the advocacy of social justice.
- Constitutional separation and the role of religion in
public life.
In these and in many other ways, religious institutions and believers
have significantly influenced public policy in the United States
throughout our nation's history.
- Benefits of religious moral leadership. Again,
disestablishment was not meant to separate religion from public life.
Politics and government in America have clearly benefited from the
moral leadership and values of many religious traditions and
convictions.
- Costs of religious zealotry. At the same time,
the nation has suffered from violations of the spirit of religious
liberty by religious groups who have at various times in our history
used the public square to attack the religion of others or to deny
others the full rights of citizenship.
Contemporary perspective
More people have died because of their religious convictions in the
twentieth century than in any previous century. And there appears to be no end
to the tragedy. Of the many wars waged throughout the world in the 1990s, more
than two-thirds have religious or ethnic differences as a root cause. From
Northern Ireland to Bosnia to Sri Lanka, religious differences contribute
daily to death and destruction around the globe.
Even the explosion of freedom in Eastern Europe and the former Soviet
Union, by any measure a tremendous advance for democratic principles, has been
accompanied by a serious outbreak of religious and ethnic bigotry and
division. One of the most frightening developments has been the dramatic rise
of anti-Semitism throughout the region. Tensions between Muslims and
Christians have resulted in violence in Bosnia, Azerbaijan and Armenia and
other places.
How has the United States, the most religiously diverse nation in the
world, managed to avoid the "holy wars" so prevalent today and throughout
history? This remarkable achievement may be traced directly to the Religious
Liberty clauses of the First Amendment. In spite of occasional setbacks and
outbreaks of religious bigotry, the American experiment in religious liberty
has held.
- Religions remain active in American political life.
Religious liberty has allowed religions in the United States to grow and
prosper as in few other places in the world. Not only are a large number of
Americans deeply religious, but their religious communities continue to be
actively involved in political life. This is evident, for example, in the
civil rights and peace movements. Also, since the late 1970s, fundamentalist
Christian communities together with other evangelical Christians have become
a significant force in American politics, speaking out on a variety of
social and moral issues.
- Confusion about the role of religion in public life threatens
religious liberty.
There are disturbing signs that the American experiment in liberty may be in
danger from two extremes.
- Two extremes on the issue of religion and public life.
On one end of the political spectrum there are those who seek to establish
in law a "Christian America." On the other end are some who seek to
exclude religion from public life entirely. Both proposals violate the
spirit of religious liberty.
- Teaching religion versus teaching about religion.
The controversy surrounding the role of religion in public life has left
many citizens confused about the principles of religious liberty. This
confusion is made worse by the absence of teaching about religion and
religious liberty in many public schools. Teaching about religion in the
schools is often confused with the teaching of religion, or religious
advocacy and indoctrination.
- Change in some public schools.
In the last few years a number of states, most notably California, have
mandated more teaching about religion in the schools.
- Change in textbook treatment of the role of religion.
As a result, textbooks have begun to include more about the story of
religious liberty and the role of religion in American history and
society.
- The new challenges of exploding pluralism.
The confusion and ignorance surrounding the Religious Liberty clauses of
the Constitution leave Americans in a weak position to meet the challenges
of exploding religious pluralism in the United States. The violent religious
divisions throughout the world serve as a dramatic reminder of how vital it
is for Americans to understand and affirm the principles of religious
liberty in a nation of some 3,000 religious groups.
- Pluralism as meaning all faiths or none.
Religious pluralism in the United States has expanded beyond the
Protestant, Catholic, and Jewish pluralism of the 1950s.
- Expanding pluralism.
Pluralism now includes a growing number of people from all the world's
religions, especially Islam and Buddhism. Pluralism must also take into
account the nearly 12 percent of Americans who express no religious
preference at all. This expansion will only continue.
- The burdens of exploding pluralism.
The challenges of this diversity can be seen throughout American
society. This pluralism is particularly evident in public schools. For
example, dozens of different native languages are often found among the
students of large urban schools. Similarly, many different religions are
represented.
- The First Amendment as providing ground rules for living
together.
As the United States begins its third century of constitutional
government, the nation raises certain important questions.
- Living together without religious consensus.
Two urgent questions are how Americans of so many faiths will continue
to live together as citizens of one nation and, since there is not (and
cannot be) a religious consensus, what the civic values are that
Americans of all faiths or none hold in common.
- Adherence to the principles of religious liberty.
To answer these questions, American citizens must return to the
democratic first principles articulated in the Religious Liberty clauses
of the First Amendment. Religious liberty, or freedom of conscience, is
at the heart of what it means to be an American citizen. Only in these
principles can Americans find the ground rules that allow all citizens
to live together with deep religious differences.
- The Williamsburg Charter. One effort to return to
first principles is the Williamsburg Charter. Drafted by members of
America's leading faiths and revised over the course of two years in close
consultation with political, academic, educational, and religious leaders,
the Charter was signed in 1988 by former Presidents Gerald Ford and Jimmy
Carter, the two living chief justices of the United States, and by nearly
200 leaders of national life. With their signatures, these individuals
strongly reaffirmed the principles of religious liberty as essential for
developing a common vision for the common good. The Williamsburg Charter
states in part:
We affirm that a right for one is a right for another and a
responsibility for all. A right for a Protestant is a right for an Eastern
Orthodox is a right for a Catholic is a right for a Jew is a right for a
Humanist is a right for a Mormon is a right for a Muslim is a right for a
Buddhist-and for the followers of any other faith within the wide bounds of
the republic.
That rights are universal and responsibilities mutual is both the premise
and the promise of democratic pluralism. The First Amendment in this sense,
is the epitome of public justice and serves as the golden rule for civic
life. Rights are best guarded and responsibilities best exercised when each
person and group guards for all others those rights they wish guarded for
themselves.
From Civitas: A Framework for Civic Education.
Copyright 1991, Council for the Advancement of Citizenship and the Center for
Civic Education. Updated for this publication and reprinted by permission.
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