The Religious Freedom Act: A Historical Document

The First Amendment to the U.S. Constitution, ratified in 1791, is the document that made freedom of religion a law. The First Amendment states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The precise meaning of these words has been a matter of dispute since their inception, with some arguing that there is one religion clause and others arguing that there are two. The First Amendment has also been interpreted differently over time, with the long-term trend being towards increasing secularization of the government.

The First Amendment to the US Constitution

The First Amendment was created to guarantee the separation of church and state, a concept advocated by Colonial founders such as Dr John Clarke, Roger Williams, and William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson. The US Constitution also addresses the issue of religion in Article VI, which states that "no religious Test shall ever be required as a Qualification" for federal office holders.

The First Amendment's "Establishment Clause" prohibits the federal government from establishing a national church or excessively involving itself in religion, particularly to the benefit of one religion over another. The "Free Exercise Clause" states that Congress cannot "prohibit the free exercise" of religious practices.

The precise meaning of the First Amendment has been a matter of dispute since its inception. The Supreme Court has generally interpreted each half of the Amendment without reference to the other, holding that the two parts are in "tension" with each other. The Free Exercise Clause gives special protection to religion, while the Establishment Clause prohibits government action that benefits religion.

The First Amendment has been applied to state governments as well as the federal government through the Fourteenth Amendment. The Supreme Court has also ruled that the First Amendment applies to state and local governments through the "incorporation" of the Amendment.

Religious freedom in international law

Freedom of religion is a universal human right and the first freedom of the United States. However, many people worldwide live in countries where this right is restricted or denied. The International Religious Freedom Act of 1998 (IRFA) was enacted to elevate religious freedom as a higher priority in US foreign policy. The IRFA provides that US policy includes condemning violations of religious freedom and assisting other governments in promoting this right. The act is centred on promoting religious freedom as recognised in international law. This means the right to believe or not believe, according to one's conscience, and to live out one's beliefs openly, peacefully, and without fear.

The IRFA mentions several international instruments that enshrine this fundamental right, including:

• The Universal Declaration of Human Rights
• The International Covenant on Civil and Political Rights
• The Helsinki Accords
• The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

Religious Freedom in the US

The US Constitution, adopted in 1787, said little about religion. This troubled two groups of Americans: those who wanted the new instrument of government to give faith a larger role, and those who feared it would do so. The latter group was worried that the Constitution did not prohibit the kind of state-supported religion that had flourished in some colonies.

In response to pressure from the latter group, in September 1789, the First Amendment to the Constitution was adopted, which, when ratified in December 1791, forbade the US Congress to make any law "respecting an establishment of religion". The First Amendment states:

> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Religious Freedom in International Instruments

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) states 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."

The International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) states:

> "Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching."

The Helsinki Accords

The Helsinki Accords, signed in 1975, includes a commitment by the participating States to:

> "Respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion."

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief states:

> "Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching."

Religious freedom in the founding of the US

Religious freedom is a fundamental principle in the founding of the US. The First Amendment to the US Constitution, ratified in 1791, states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This is known as the religion clause, and it protects the right of every person to practice religion in accordance with their conscience, while also preventing the creation of a sectarian state. The First Amendment also includes the Establishment Clause, which prohibits the government from encouraging or promoting religion in any way, and the Free Exercise Clause, which gives citizens the right to worship or not as they choose.

The concept of religious freedom was important to the founding fathers, many of whom had experienced religious persecution themselves. They believed that the best way to protect religious liberty was to keep the government out of religion, and so the First Amendment guarantees the separation of church and state.

The precise meaning of the religion clause has been a matter of dispute since its inception, and it has produced more uncertainty and internal contradiction than perhaps any other provision of the Constitution. There is even disagreement over whether there is one religion clause or two. On the one hand, the 16 words form a single sentence, and the same political forces demanded both provisions. On the other hand, it is possible to have free exercise rights when there is an established church, and several states at the time of the founding had just that.

The religion clause has been interpreted differently over time, and it continues to be controversial. The issue was a major topic of George Washington's Farewell Address. Several states had their own official state churches both before and after the First Amendment was passed, and the remaining state churches were only disestablished in 1820. Teacher-led public school prayer was abolished in 1962, but the military chaplaincy remains to this day.

The interpretation of religious freedom has also been the subject of numerous Supreme Court rulings. For example, in Reynolds v. United States (1879), the Supreme Court upheld the polygamy ban, finding that "to permit this would be to make the professed doctrines of religious belief superior to the law of the land". In Cantwell v. Connecticut (1940), the Supreme Court held that the "fundamental concept of liberty" embodied in the due process clause of the 14th Amendment also embraced the free exercise of religion.

The US is not alone in recognising religious freedom as a fundamental human right. It is protected in all the most important international human rights conventions, and many human rights organisations have urged the US to be more vigorous in imposing sanctions on countries that do not permit or tolerate religious freedom.

Religious freedom in the modern US

The First Amendment also includes what is known as the Establishment Clause, which states that "Congress shall make no law respecting an establishment of religion". This clause ensures that the government does not establish an official religion or give preferential treatment to a particular religion.

The interpretation of these clauses has evolved over time and remains a subject of debate and controversy. The US Supreme Court has generally interpreted each clause independently, holding that they are in "tension" with each other. While the Free Exercise Clause gives special protection to religion, the Establishment Clause prohibits the government from taking any action that benefits religion.

The concept of religious freedom in the US is founded on the principle of separation of church and state, advocated by colonial founders such as Dr. John Clarke, Roger Williams, and William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson. This principle is reflected in the First Amendment's religion clauses, which aim to protect religious freedom and prevent government involvement in religious affairs.

However, the application of religious freedom in the US has been complex and has evolved through court rulings, legislative actions, and social movements. Over time, the US has moved towards increasing secularization of the government, disestablishing state churches, and abolishing practices such as teacher-led public school prayer.

While religious freedom is a fundamental right in the US, it is not absolute. The Supreme Court has held that the right to free exercise of religion does not exempt individuals from complying with neutral laws of general applicability. At the same time, the government must accommodate religious practices unless doing so would pose a substantial burden on its functions.

Controversies and legal disputes surrounding religious freedom in the US have involved various issues, including the building of places of worship, compulsory speech or conduct, education, workplace accommodations, and the role of religion in public institutions. These debates reflect the ongoing negotiation between religious freedom and other societal values, such as equality, non-discrimination, and public order.

In conclusion, religious freedom in the modern US is a complex and evolving landscape shaped by constitutional provisions, judicial interpretations, and social dynamics. It remains a fundamental right that is continually interpreted and applied in the context of a diverse and changing society.

Religious freedom in the ancient world

In the ancient world, governance and religion were often intertwined, with rulers also serving as high priests or even seen as incarnations of deities. As such, religious pluralism often constituted a direct challenge to royal power. Ancient societies also used religion to justify territorial expansion and wars of conquest.

However, there are notable examples of religious tolerance in the ancient world. Cyrus the Great, for instance, promoted religious freedom throughout the Achaemenid Empire, as documented on the Cyrus Cylinder. The Edicts of Ashoka, a ruler of the Buddhist Maurya Empire in the 3rd century BCE, also established religious freedom. In the Roman Empire, while Christianity was persecuted, most other religions, including Judaism, were tolerated. Genghis Khan granted religious freedom to everyone in the Mongol Empire. And in China, several religions, including Confucianism, Taoism, Buddhism, and folk religion, were synthesised and adopted to justify imperial rule.

The modern conception of freedom of religion is rooted in the Enlightenment, a period of scientific and philosophical discovery in Europe that emphasised human reason over divine authority. This period saw the emergence of Deism, a non-denominational monotheistic belief that rejected supernatural intervention and imagined God as the rational architect of the universe.

The first government declaration promoting freedom of religion was issued in the ancient Persian Empire by Cyrus the Great. He returned religious artifacts to their proper places and funded the restoration of important native shrines, including the Temple of Jerusalem. This was also the first known human rights document of any kind.

The idea of freedom of religion would later be enshrined in the United States Constitution, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This was the first time in history that a nation constitutionally limited itself from creating laws tending to establish a state religion.

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