Kara Sears
Religion and law have a complex and deeply intertwined history. Religious laws are based on the texts and interpretations of religious figures and institutions, such as the Bible in Christianity or Bahá'u'lláh in the Baháʼí Faith. These laws guide the religious observances and ethical codes that believers are expected to follow. However, when it comes to implementing these laws in a secular context, the relationship between religion and law becomes more complex. While religious liberty is a foundational principle in some countries, such as the United States, the question of whether religious laws can be put in place is not straightforward. This is because countries with diverse religious populations must navigate the potential conflict between religious beliefs and existing laws, as well as considerations of equality and non-discrimination.
| Characteristics | Values |
|---|---|
| Religious laws are based on | Authenticated texts and scriptures |
| Religious laws are | Subject to individual interpretation and application |
| Religious laws are | Enforced by religious institutions |
| Religious laws are | Expected to be followed out of devotion |
| Religious laws are | Seen as a way to maintain order and security |
| Religious laws can | Conflict with country laws, requiring individuals to choose between their faith and legal compliance |
| Religious laws can | Influence legal judgments |
| Religious laws can | Be protected by the Constitution |
| Religious laws can | Be subject to democratic debate and change |
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What You'll Learn
Religious liberty and freedom to practice religion
Freedom of religion, also known as religious liberty, is a principle that upholds the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. This includes the right not to profess or practice any religion or belief, often referred to as freedom from religion. It is considered a fundamental human right and is protected by important international human rights conventions, such as the United Nations International Covenant on Civil and Political Rights and the American Convention on Human Rights.
Religious liberty is a central foundation of American freedom, as recognised by the law. The First Amendment to the U.S. Constitution guarantees religious liberty by stating that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This includes two key protections: the right to religious belief and expression, and the assurance that the government neither favours religion over non-religion nor prefers specific faiths over others. The American Civil Liberties Union (ACLU) works to defend these rights and ensure that laws and governmental practices do not promote or interfere with the free exercise of religion.
In the United States, the Supreme Court has been active in both the Establishment Clause and Free Exercise Clause areas. The Establishment Clause, as interpreted by Justice Kennedy, now requires consideration of historical practices and understandings to determine what constitutes an establishment of religion. The Free Exercise Clause guarantees absolute protection for freedom of religious belief and protects religious conduct as long as it does not violate neutral public health, safety, and welfare laws.
The concept of religious liberty also raises questions about the permissibility of religious practices that conflict with secular law. While religious liberty is essential, it is also crucial to prevent religious laws from justifying actions that violate secular legislation. For example, in the United States, the Court invalidated a city ordinance that targeted the Santeria practice of animal sacrifice, demonstrating that religious liberty should not be used to persecute or oppress other religions or their practices.
Additionally, religious liberty should not be used to discriminate or deny services to others based on religious beliefs. For instance, in the Chymorvah hotel case, the owners were found to have discriminated against a gay couple by refusing them a double room, citing their right to manifest their Christian beliefs. The case highlighted the complex interplay between religious freedom and equality rights, with the court ruling in favour of equality rights.
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Religious laws in the US Constitution
The US Constitution's First Amendment contains two clauses that define the government's relationship with religion. The first, the Establishment Clause, states that "Congress shall make no law respecting an establishment of religion". This clause prohibits the federal government from adopting an official religion. The second clause, the Free Exercise Clause, states that the government cannot "prohibit[] the free exercise" of religion, nor can it "abridg [e] the freedom of speech". The Supreme Court has interpreted this clause as protecting religious observers from unequal treatment.
The Free Exercise Clause has been cited in numerous court cases involving religious freedom. In Cantwell v. Connecticut, the Supreme Court ruled that a local ordinance requiring a license for religious solicitation violated the Free Exercise Clause. Similarly, in Torcaso v. Watkins, the Court held that a state constitutional provision requiring public officeholders to declare a belief in God violated the Free Exercise Clause. In Burwell v. Hobby Lobby, the Court struck down a law that required for-profit corporations to provide certain contraceptives as part of their healthcare packages, as the owners of Hobby Lobby refused to offer contraceptives they deemed abortive on religious grounds.
The Establishment Clause has also been at the centre of several court cases. In Town of Greece v. Galloway, the Court ruled that a town hall meeting that began with prayers given by members of different Christian denominations did not violate the Establishment Clause, as the legislative prayers were for the legislators and not the public. However, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Court set aside state administrative proceedings enforcing anti-discrimination laws against a baker who refused to make a cake for a same-sex wedding, citing religious hostility.
The Fourteenth Amendment has also had an impact on religious freedom in the US Constitution. Before its adoption, states were not required to adhere to the Establishment Clause and the Free Exercise Clause. However, the Supreme Court has held that due to the Fourteenth Amendment, the protections of religious freedom in the First Amendment apply to state and local governments as well. This has been affirmed in cases such as Cantwell v. Connecticut and United States v. Seeger, where the Court suggested that Congress is limited when it outlines protections for religious belief.
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Religious laws in the UK
The United Kingdom does not have a state church for the entire kingdom, and its four constituent nations have varying religious characters. The country has been scored 4 out of 4 for religious freedom. The right to freedom of religion in the UK is provided for in all three of its constituent legal systems, by devolved, national, European, and international law and treaty. The right to freedom of thought, conscience, and religion is given in the United Kingdom by the Human Rights Act 1998 (HRA), as the "right and fundamental freedom". This right includes the freedom to change one's religion or belief and the freedom, either alone or in a community, to manifest one's religion or belief in worship, teaching, practice, and observance. This freedom is subject to limitations prescribed by law, in the interests of a democratic society, and for the protection of public safety, order, health, morals, and the rights and freedoms of others.
The UK's religious landscape has been influenced by its formation through the union of previously independent states, resulting in a lack of UK-wide organisational structures for most large religious groups. Historically, the Oath of Supremacy imposed by King Henry VIII in the Act of Supremacy of 1534 required those in public or church office in England to swear allegiance to the monarch as the Supreme Governor of the Church of England. The Toleration Act of 1688 granted freedom of worship to nonconformists who pledged to the oaths of Allegiance and Supremacy and rejected transubstantiation, including Protestants who dissented from the Church of England, such as Baptists and Congregationalists.
The common law offence of blasphemy, which pertained to publications containing contemptuous, reviling, scurrilous, or ludicrous matter relating to God, Jesus Christ, the Bible, or the formularies of the Church of England, was repealed in 2008. While it is not blasphemous to deny the existence of God or express opinions hostile to the Christian religion, the European Court of Human Rights has upheld bans on certain publications deemed offensive to believers, such as the erotic video "Visions of Ecstasy."
In the Church of England, ecclesiastical courts that once decided matters such as marriage and divorce still hold jurisdiction over specific church-related issues, including clergy discipline and church property alterations. While the UK upholds religious freedom, judges have warned against relying solely on religious beliefs to justify legal decisions, particularly in cases where equality rights clash with religious freedom rights. For example, in the Chymorvah hotel case, the owners were found to have discriminated against a gay couple by refusing them a double room, despite their claims of manifesting their Christian moral standards.
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Religious laws in Christianity
Religious laws are a set of guidelines outlining how believers ought to conduct themselves. Religious law includes ethical and moral codes taught by religious traditions. In the context of Christianity, there are several possible definitions of religious law.
One of the most well-known examples of Christian religious law is the Mosaic Law, also known as the Law of Moses, which is derived from the Old Testament. This includes the Ten Commandments, which establish the foundation of ethical and worship practices for Christians. The Ten Commandments include rules such as respecting God and other authority figures, honouring the Sabbath, and prohibitions on killing, lying, stealing, sexual misconduct, and coveting.
Another definition of Christian religious law is the instructions of Jesus of Nazareth to his disciples in the Gospel, often referred to as the Law of Christ or the New Commandment. Jesus' teachings are seen as a new covenant with God, distinct from the Mosaic Law of the Old Testament.
Canon law is another important aspect of Christian religious law. It refers to the body of laws and regulations made by or adopted by ecclesiastical authorities to govern the Christian organization and its members. Canon law is followed by the Catholic, Anglican, and Orthodox churches, and includes rules on matters such as organizational structure, teaching and missionary activities, worship practices, and administration.
In addition to these broad categories, Christian religious law can also include specific ethical principles and laws related to marriage, divorce, and sexual activity. For example, some Christian denominations view marriage as a sacred covenant between a man and a woman, while others allow for civil partnerships or same-sex marriage. Views on divorce and remarriage also vary among Christian denominations, with some conservative churches strongly opposing divorce under any circumstances.
While Christian religious laws provide a framework for ethical conduct and religious practice, they are distinct from secular state laws in modern times. However, it is worth noting that religious beliefs and values can influence the development of secular laws, and there may be instances where religious freedom rights clash with equality rights, as seen in legal cases involving Christian business owners and LGBT individuals.
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Religious laws in Baháʼí Faith
The Bahá’í Faith is the world's second-most widespread religion after Christianity, spanning the globe and working to unite it. Baháʼís believe that the crucial need facing humanity is to find a unifying vision of the future of society and of the nature and purpose of life. Baháʼu'lláh, the founder of the Baháʼí Faith, explained that the religions of the world come from the same Source and are in essence successive chapters of one religion from God.
Baháʼí law is presented as a set of general principles and guidelines, and individuals must apply them as they see fit. While some of the social laws are enforced by Baháʼí institutions, the emphasis is placed on individuals following the laws based on their conscience, understanding, and reasoning. Baháʼís are expected to follow the laws for the love of Baháʼu'lláh. The laws are seen as the best method for the maintenance of world order and security. Baháʼu'lláh stated that the observance of the laws that he prescribed should be subject to "tact and wisdom", and that they should not cause "disturbance and dissension".
The main source of Baháʼí law is the Kitáb-i-Aqdas, but it is supplemented by some supplementary texts written by Baháʼu'lláh, as well as further interpretations by ʻAbdu'l-Bahá and Shoghi Effendi, heads of the religion after Baháʼu'lláh's death, as well as legislation by the Universal House of Justice, the international governing body of the Baháʼís. The writings of Baháʼu'lláh, ʻAbdu'l-Bahá, and Shoghi Effendi are considered fundamental and unchangeable, while the application of some of them depends on decisions by the Universal House of Justice.
Some examples of laws and basic religious observances of the Kitáb-i-Aqdas that are considered obligatory for Baháʼís include reciting one of three obligatory prayers each day, the prohibition to drink alcohol, and the limit to the period of engagement.
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Frequently asked questions
Religious law refers to the laws and principles that are outlined by a religion. For example, in Christianity, the Ten Commandments are a famous example of religious law.
The government generally cannot put in place religious laws as this would infringe on religious freedom. The government must remain neutral and cannot force everyone to practice the same religion or ban the practice of any recognised religion.
Yes, religious laws can conflict with a country's laws. In such cases, individuals must obey the laws of their country. For example, in the United States, suicide is illegal, but in some Hindu communities, a widow is expected to commit suicide by throwing herself onto her husband's funeral pyre. In this case, the widow must choose to obey the law and not carry out the religious practice.
Yes, the government can provide funding to religious organisations and practices. For example, in the United States, the government has allowed funding to go to private religious schools and for prayers to begin certain legislative meetings.
Religious laws cannot be used to justify illegal actions. However, religious liberty is a foundational principle in some countries, such as the United States, and the government must reasonably accommodate religious observance and practice in all government activity.
