Gavin Howe
Religious tolerance is a fundamental aspect of modern society, and it is protected by law in many countries. The first law supporting religious tolerance was enacted in the United States as part of the Bill of Rights, which came into effect in 1789 with the first ten amendments to the US Constitution. The First Amendment, which is part of the Bill of Rights, guarantees religious freedom and states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. This amendment ensures that the government cannot favour or hinder any particular religion and protects the right of individuals to practice their chosen faith without interference from the state.
| Characteristics | Values |
|---|---|
| Name of the law | Maryland Toleration Act, also known as the Act Concerning Religion |
| Year of enactment | 1649 |
| Date of enactment | 21st of April (some sources also mention 21st of September) |
| Enacted by | Assembly of the Maryland colony, in St. Mary's City in St. Mary's County, Maryland |
| Purpose | To guarantee religious liberty to Christians |
| Impact | It was the first law in North America requiring religious tolerance for Christians. It influenced related laws in other colonies and portions of it were echoed in the writing of the First Amendment to the United States Constitution. |
| Duration | The Act was short-lived and was nullified from 1654 to 1661 and then again from 1692 until 1783. |
| Severe laws | The Act included severe laws against blasphemy, profane swearing, and Sabbath breaking. |
| Fine for offenders | Offenders who used reproachful terms relating to religion were fined 10 shillings sterling. |
| Triple damages | The Act stated that those who wronged, disturbed, troubled, or molested any person within the province for their religion were to pay triple damages to the wronged party. |
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What You'll Learn
The Maryland Toleration Act, 1649
The Maryland Toleration Act, also known as the Act Concerning Religion, was passed on April 21, 1649, by the assembly of the Maryland colony, in St. Mary's City in St. Mary's County, Maryland. It was the first law in North America requiring religious tolerance for Christians. The law granted freedom of conscience and worship to Trinitarian Christians in Maryland, but sentenced to death anyone who denied the divinity of Jesus. It was an act of tolerance, allowing specific religious groups to practice their religion without punishment, but retaining the ability to revoke that right at any time.
The Act was enacted by Cecilius Lord Baron of Baltemore, the absolute Lord and Proprietary of the Province, with the advice and consent of the General Assembly. It stated that no person within the Province professing to believe in Jesus Christ shall be troubled, molested, or discountenanced for their religion or its free exercise. The law was explicit in limiting its effects to Christians, and those who blasphemed by denying the Trinity or the divinity of Jesus could be punished by execution or the seizure of their lands. This meant that Jews, Unitarians, and other dissenters from Trinitarian Christianity who practiced their religions risked their lives.
The Maryland Toleration Act was a significant milestone, as it was the first legal guarantee of religious tolerance in American and British history, predating the Enlightenment when the idea of religious freedom took root. The colony that became Rhode Island passed a series of laws starting in 1636 prohibiting religious persecution, including against non-Trinitarians, and was the first government to separate church and state. However, the Maryland Toleration Act was the first law to protect religious freedom in the Thirteen Colonies.
The Maryland Toleration Act was short-lived, as it was nullified from 1654 to 1661 and then again from 1692 until 1783. In 1654, it was revoked by William Claiborne, a Virginian commissioner appointed by Oliver Cromwell, who was strongly hostile to the Catholic religion. When the Calverts, who had founded the colony in 1634, regained control of Maryland, they reinstated the Act. However, it was permanently repealed in 1692 following the Glorious Revolution and the Protestant Revolution in Maryland. Despite its short duration, the Act influenced related laws in other colonies and portions of it were echoed in the writing of the First Amendment to the United States Constitution, enshrining religious freedom in American law.
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Religious freedom for Christians
The Maryland Toleration Act was significant because it was one of the first attempts by a colonial government to guarantee religious liberty. The colony of Maryland, founded by Cecil Calvert, 2nd Baron Baltimore, in 1634, was intended as a haven for English Catholics fleeing religious persecution. However, over time, the colony attracted more Anglican and Puritan settlers, leading to a shift in the religious demographics. By the time the Maryland Toleration Act was passed in 1649, the colonial assembly was dominated by Protestants, making the law a notable act of Protestant tolerance.
While the act was a milestone, it had limitations and did not fully secure religious freedom for all Christians. It only applied to Trinitarian Christians and punished those who denied the divinity of Jesus with death. Additionally, the act was short-lived, facing periods of nullification and permanent repeal in 1692 following political changes and revolutions. Nonetheless, the Maryland Toleration Act set a precedent for religious tolerance and influenced subsequent laws in other colonies.
The idea of religious freedom for Christians continued to evolve, and it was further championed by figures like George Washington, who went beyond mere religious tolerance and advocated for religious freedom for all citizens. Washington assured religious communities, such as the Jewish population, that the federal government would not discriminate based on religion. He believed that religious freedom was a natural right, and his views influenced the creation of the Bill of Rights, which included the First Amendment protecting religious freedom in the United States.
The First Amendment, ratified in 1791, enshrined the principle of religious freedom in American law, guaranteeing "the free exercise" of religion. This legal protection extended beyond Christians and applied to all religious groups, marking a significant step towards religious equality. The United States has also demonstrated its commitment to religious freedom in its foreign relations, establishing the International Religious Freedom Act of 1998 to investigate and address religious freedom violations worldwide.
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Inspired legal protections for religious freedom
The first law supporting religious tolerance was the Maryland Toleration Act, also known as the Act Concerning Religion. Passed on April 21, 1649, by the assembly of the Maryland colony, it was the first law in North America requiring religious tolerance for Christians. The Act allowed freedom of worship for all Trinitarian Christians in Maryland but sentenced to death anyone who denied the divinity of Jesus.
The Maryland Toleration Act was a significant milestone, as it was the first legal guarantee of religious tolerance in American and British history. It influenced related laws in other colonies and portions of it were echoed in the writing of the First Amendment to the United States Constitution, which enshrined religious freedom in American law. The Act was also one of the pioneer statutes passed by the legislative body of an organized colonial government to guarantee any degree of religious liberty.
The idea of religious freedom has a long history, with the early Christian apologist Tertullian being the first known writer to employ the term "freedom of religion" (libertas religionis). In the 13th century, Genghis Khan enacted a law explicitly guaranteeing religious freedom to everyone and every religion. The Romans tolerated most religions, including Judaism, and encouraged local subjects to continue worshipping their own gods.
In the context of the United States, the First Amendment protects the free exercise of religion and is considered in the country's foreign relations. The International Religious Freedom Act of 1998 established the United States Commission on International Religious Freedom, which investigates the records of over 200 nations regarding religious freedom.
After the Revolutionary War, there was a question of how the Anglican Church fit within the new nation, and citizens called for changes to religious establishments. George Washington, while being a devout Anglican himself, established religious freedom for citizens, reassuring that the federal government would not prevent citizens from practicing the religion of their choice.
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Religious tolerance in colonial America
The first law in North America requiring religious tolerance for Christians was the Maryland Toleration Act, also known as the Act Concerning Religion, passed on April 21, 1649, by the assembly of the Maryland colony in St. Mary's City, Maryland. The Act allowed freedom of worship for all Trinitarian Christians in Maryland but sentenced to death anyone who denied the divinity of Jesus. It was the first legal guarantee of religious tolerance in American and British history. The law was passed in response to the execution of King Charles I of England and the outbreak of the English Civil War, which resulted in the colony being seized by Protestants. The Maryland Toleration Act was short-lived, however, as it was nullified from 1654 to 1661 and then again from 1692 until 1783.
The colony of Pennsylvania was also known for its religious tolerance, at least towards Christian groups. Pennsylvania's first constitution stated that all who believed in God and agreed to live peacefully under the civil government would "in no way be molested or prejudiced for their religious persuasion of practice." Rhode Island was another colony that passed laws prohibiting religious persecution, including against non-Trinitarians, and was the first government to separate church and state.
After the Revolutionary War, there was a question of how the Anglican Church fit within the new nation. Citizens called for changes to religious establishments, and the First Amendment to the United States Constitution enshrined religious freedom in American law. George Washington, a devout Anglican, reassured people that the federal government would not prevent citizens from practicing the religion of their choice, or any religion at all. He believed that religious freedom was a natural right of all citizens.
While the Maryland Toleration Act and the efforts of leaders like George Washington represented significant milestones in the history of religious tolerance in colonial America, it is important to recognize that deep religious discord has been a part of America's social fabric. From the earliest arrival of Europeans in America, religion has often been used as a tool to discriminate against, suppress, and even kill those with different beliefs, including the native population.
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Religious tolerance in modern America
Religious tolerance has been a contentious issue in America since the arrival of Europeans on American shores. The country's early history was marked by religious persecution and violence, with the ""heathen" natives, heretics, and unbelievers often facing discrimination and even death. The Maryland Toleration Act, passed in 1649, was the first law in North America to mandate religious tolerance for Christians, specifically guaranteeing freedom of conscience. However, it had limitations, and severe consequences were imposed for blasphemy. The Act was also short-lived, facing periods of nullification and repeal before being permanently revoked in 1692.
Despite this early attempt at legal protection for religious freedom, America's history is riddled with instances of religious intolerance. Battles between various Protestant sects and between Protestants and Catholics contradict the notion that America is a "Christian nation." Even the Puritan fathers of the Massachusetts Bay Colony, who had fled religious persecution in England, did not tolerate opposing religious views. This intolerance continued with the rise of anti-Catholic sentiment in the 19th century, which resulted in incidents like the burning of a convent in Massachusetts in 1834.
However, there have also been champions of religious tolerance in America's history. George Washington, while being a devout Anglican himself, established religious freedom for citizens, assuring that the federal government would not discriminate against citizens based on their religion. He believed that religious freedom was a natural right of all citizens. This sentiment was echoed by President Obama, who declared America's commitment to religious freedom, stating that people of all faiths are welcome and should not be treated differently by the government.
The legal system has also played a pivotal role in promoting religious tolerance. The Bill of Rights, ratified in 1791, included the First Amendment, which protects citizens' right to religious freedom. Landmark court cases, such as those involving the Jehovah's Witnesses during World War II, have strengthened the separation of church and state and expanded religious rights. More recently, the Cutter v. Wilkinson case in 2005 ruled in favor of prisoners' religious rights, allowing access to ceremonial items and opportunities for group worship.
While America has made significant strides towards religious tolerance, charges of religious discrimination persist in modern times, particularly in the education system. The Eagle Feather Law, intended to protect Native American spiritual customs, has been criticized for promoting racial and religious discrimination by restricting the possession of eagle feathers to Native Americans only. Additionally, dormitory policies at some universities have been charged with religious discrimination for forbidding practices like smudging during prayer. These ongoing issues highlight the continued need for vigilance in upholding religious tolerance in modern America.
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Frequently asked questions
The first law supporting religious tolerance was the First Amendment to the US Constitution, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing or promoting a religion, while the Free Exercise Clause protects citizens' right to practice their religion as they please, as long as it does not conflict with "public morals" or a "compelling" governmental interest.
The First Amendment ensures that laws and government practices neither promote religion nor interfere with its free exercise. For example, it prohibits the use of religious law in courts, legislatures, and administrative agencies, and it prevents schools from promoting religious beliefs or practices as part of the curriculum.
The First Amendment's religious freedom provisions were informed by the historical context of religious persecution in Europe and its colonies. The Maryland colony, founded by Catholic nobleman George Calvert and his son Cecil Calvert, was motivated by a desire to secure religious freedom and escape the penal laws that made the public practice of Catholicism illegal in early modern England.
