Freedom of Religion in the Bill of Rights - Research Paper Example

 Running Head: FREEDOM OF RELIGION IN THE BILL OF RIGHTS Freedom of Religion in the Bill of Rights Synopsis The right of Religious Freedom is guaranteed under the Free Exercise Clause of the First Amendment to the U.S. Constitution. This right enables an individual to practice any religion of his choice, without interference from the Government. Most importantly, it separates the powers of the Church from the Courts. The Free Exercise Clause of the First Amendment to the US Constitution forbids the Government from making laws that compromise Religious Freedom. However, in respect of issues, like drug abuse and socially prohibited activities, the right granted by the First Amendment is inapplicable. Moreover, the Establishment Clause of the First Amendment prevents the government from making laws that establish any religion as the state religion. This clause ensures the secular nature of the US Constitution. Freedom of Religion in the Bill of Rights The First Amendment to the US Constitution deals with religious freedom. 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...Amendment 1 (The United States Constitution, 2009). The First Amendment also provides the right of Freedom of expression. These rights cannot be interfered with by the government. Freedom of expression includes the rights of Freedom of speech, press, and assembly. It also includes the freedom to petition the government for a redressal of a grievance. The Supreme Court and the lower courts have interpreted the definition of the freedoms provided by the First Amendment to the Constitution, through their case law. These freedoms and rights apply to all the people who live in the US, and not just its citizens (Citizen Rights). The Establishment Clause precludes the government from enacting legislation that accords any religion the status of the state religion. It also prohibits the government from treating any religion with greater preference than the other religions. This clause has been interpreted by the courts to engender separation of Church and State. The Free Exercise Clause restricts the government from interfering with any individual’s religious practices. All the same, civil and federal laws are permitted to restrict religious acts and ceremonies, wherever warranted (Citizen Rights). The national law of the US declares that the right to Freedom of Religion is an essential principle that contributes to and fortifies the very existence of the US. The free exercise of religion entails the right to choose a religion; and it involves the right to practice such beliefs. The denizens of the US have different religious beliefs. The government has to ensure the health and safety of all the people; and this has to suitably restrict the right to Religious Freedom (Oaks, 2009). The US Congress is precluded from enacting legislation that serves to establish a religion. This effectively separates the Church and the Government; and prevents the prevalence of a national church, which is to be found in some of the European countries. It is the opinion of the majority that freedom of religion is one of the main elements of democracy in the United States of America. The initial immigrants to the US had been people who had emigrated from their countries, in order to escape religious persecution. Even in those days, the US was a land where the religion of one’s choice could be practiced, without any hindrance or let. This all important right was incorporated into the US Constitution as the Bill of Rights (Oaks, 2009). The increasing importance that was accorded to religious values and beliefs, in American politics, led to a number of debates. A number of suggestions came to the fore. One such recommendation advocated a narrower approach to traditional religion under the Free Exercise Clause; and the classification of all religions under the Establishment Clause. Those who supported the narrower definitions relied upon what the framers of the Constitution had believed about the nature of religion, which had been theistic. These proponents had subscribed to the view that belief in a higher power differentiated religion from moral beliefs (Freedom of Religion, 1999). As such, Freedom of Religion enables individuals to subscribe to any religious belief that they choose. However, such beliefs should not impinge upon public order. Under this right, they can express themselves publicly through worship and teaching. The concept of Religious Liberty is at variance with the doctrine of toleration. The latter presumes that the State has accorded preferential treatment to some religious denomination (Freedom of Religion, 2009). Most of the early settlers of the colonial era had migrated to the US, to escape religious persecution in their countries. The founding fathers of the US were seized with providing freedom of religion to the immigrants. Hence, they guaranteed this freedom through the First Amendment. It was their intention to prevent the domination of any single religion. It comprises of the Establishment Clause and the Free Exercise Clause, which guarantee freedom of religion (Citizen Rights). The Constitution was designed to render the Federal Government secular and to deal with only secular matters. Moreover, Article VI of the Constitution specifies that appointment to any office or public trust in the US cannot mandate any religious test. This was a conscious departure from colonial practice. In addition, this Article prohibited mandatory oaths, by making the provision that every member of the executive, legislative, and judicial branches of the individual States and the US were bound by an oath or affirmation to uphold the Constitution (Menendez & Doerr, 2006). James Madison, the principal architect of the US Constitution; and Thomas Jefferson, the author of the Declaration, had worked in concert to separate the church and state. Madison was the first to propose this concept of church-state separation, and he proposed it in the 1785 Memorial and Remonstrance. The separation of the church and state ensures the democratic spirit. It establishes pure federalism, effective separation of powers, and checks and balances. Thus, the concentration of power in any singly institution or body is automatically prevented (Menendez & Doerr, 2006). The judicial process deals with religious questions. In the past, the Mormons had been polygamous, and this had resulted in a number of court cases. In Utah and Idaho, federal laws prohibited polygamy. In the cases of Reynolds v. United States (1879) and Davis v. Beason (1890), the Supreme Court held that the criminal laws of the nation had supremacy over the right to religious freedom (Freedom of Religion, 1999). In 1872, the US Supreme Court held that the structure of the US government had prevented religious interference by any governmental branch or authority, so as to ensure Civil liberty. The Court also stated that the government had secured religious liberty from invasion by the civil authority. In 1918, the Iowa Supreme Court stated that the separation of the church and the state was well entrenched in the policies and objectives of American society, as a whole (Menendez & Doerr, 2006). In Jacobson v. Massachusetts (1905), the Seventh – Day Adventists opposed mandatory vaccination, contending that it violated their religious beliefs. The Court upheld the State laws that made vaccination obligatory, because public safety was deemed to be more important than religious belief. In 1981, a circuit court attempted to define religion in the case of Africa v. Pennsylvania, so as to give certainty to the concept of religion. A religious belief is one that addresses fundamental concepts of a religion in a comprehensive manner. Such belief could involve tangible religious symbols, like the clergy or texts. (Freedom of Religion, 1999). These characteristics differentiate between religion and philosophical views. In 1938, the New York Supreme Court stated that in all civil affairs there was a complete separation of church and state. This separation had been meticulously protected and perpetuated by the government. Furthermore, 35 state constitutions have explicitly confirmed the separation of the church and the state. The remaining states have implicitly affirmed this separation. In 1952, Congress approved the Constitution of the Commonwealth of Puerto Rico, which had firmly declared that there would be a total separation of the church and the state (Menendez & Doerr, 2006). The US had gained political independence after a protracted freedom struggle with the British. Many states had decided to eschew the European and the erstwhile colonial models that had enjoined a union of the Church and the State, and a departure from their religious intolerance. This motivated the founders of the new nation to circumvent any dealing with religion or involvement with religion. Accordingly, they did not empower the government to take decisions regarding religion (Menendez & Doerr, 2006). This effectively separated the Church and the State. Summary The interference of the government in religious matters was gradually curbed to a major extent. The First Amendment to the US Constitution grants the Right to Freedom of Religion; and in the later part of the twentieth century, the right to freedom of religion was closely associated with the other freedoms granted by the first amendment, such as freedom of speech, press, and association. In some cases the courts applied the issues based on “public interest” test. Religious Freedom can be restricted only in cases of persuasive public interest. As such, the US recognizes several faiths. The Establishment Clause of the First Amendment prohibits preferential treatment towards any particular religion. The separation of the Church and State were effected on the basis of this clause. The Free Exercise Clause of the First Amendment precludes the government from interfering with the religious practices of individuals. List of References Citizen Rights. (n.d.). Retrieved November 21, 2009, from http://www.voteutah.org/learning/citizenship/rights.html Freedom of Religion. (1999). Retrieved November 20, 2009, from In Great American Court Cases, Gale: http://www.credoreference.com/entry/greatcourts/freedom_of_religion Freedom of Religion. (2009). Retrieved November 20, 2009, from Microsoft® Encarta® Online Encyclopedia: http://encarta.msn.com Menendez, A., & Doerr, E. (2006). The First Amendment Intends the Separation of Church and State. In J. Karson, Contemporary Issues Companion: Civil Liberties. Detroit: Greenhaven Press. Oaks, E. D. (2009, October 13). Religious Freedom. Retrieved November 19, 2009, from http://newsroom.lds.org/ldsnewsroom/eng/news-releases-stories/religious-freedom The United States Constitution. (2009, February 6). Retrieved November 21, 2009, from U.S. Constitution Online: http://www.usconstitution.net/const.html#Am1 Read More