Malcolm Rivera
The right to freedom of religion is enshrined in the First Amendment of the US Constitution, which states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. This amendment guarantees that the government cannot deprive people of their right to freedom of religion and conscience, nor can it favour one religion over another. The First Amendment also protects the freedom of speech, the freedom of the press, the freedom of assembly, and the right to petition the government. The precise meaning of these words has been a matter of dispute, with ongoing debate over whether there is one religion clause or two. However, the Supreme Court has affirmed that the First Amendment limits the power of Congress and the states to interfere with individual freedoms, including the freedom to believe, worship, and express oneself according to one's conscience.
| Characteristics | Values |
|---|---|
| Freedom to worship | Yes, the First Amendment to the U.S. Constitution guarantees the right to practice any religion or no religion at all. |
| Freedom to not worship | Yes, the First Amendment to the U.S. Constitution guarantees the right to practice any religion or no religion at all. |
| Freedom of speech | Yes, the First Amendment to the U.S. Constitution guarantees freedom of speech. |
| Freedom of expression | Yes, the First Amendment to the U.S. Constitution guarantees freedom of expression. |
| Freedom to assemble | Yes, the First Amendment to the U.S. Constitution guarantees the right to assemble peacefully. |
| Freedom to petition the government | Yes, the First Amendment to the U.S. Constitution guarantees the right to petition the government. |
| Freedom from religious tests for public office | Yes, Article VI of the U.S. Constitution prohibits religious tests as a condition for holding public office. |
| Freedom from government-imposed prayer in schools | Yes, the Court has ruled that school officials may not impose student-led prayer during school events or establish an official student election process for prayer. |
| Freedom to pray in schools | Yes, individual students have the right to pray whenever they want, as long as it does not disrupt educational activities or force others to pray along. |
| Freedom to possess religious items in prison | Yes, a federal judge confirmed that inmates have the right to possess religious medallions and other ceremonial items. |
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What You'll Learn
The First Amendment
Another notable case is Cutter v. Wilkinson (2005), which involved five Ohio prison inmates from various religious backgrounds who protested the denial of access to ceremonial items and opportunities for group worship. The Supreme Court ruled in favour of the claimants, protecting their right to religious expression and worship.
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Separation of church and state
The concept of "separation of church and state" is derived from the term "wall of separation between Church & State," coined by Thomas Jefferson in an 1802 letter to members of the Danbury Baptist Association in Connecticut. The phrase "separation of church and state" does not appear in the US Constitution, but the concept is enshrined in the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.... This is known as the Establishment Clause, which prohibits the government from creating an official religion or favouring one religion (or non-religion) over another.
The US Constitution addresses the issue of religion in two places: the First Amendment and the Article VI prohibition on religious tests as a condition for holding public office. The First Amendment guarantees that everyone in the United States has the right to practice their own religion, or no religion at all. This right to religious freedom includes the freedom to worship according to one's conscience, to raise children in the faith of their parents, and to change one's religion.
The separation of church and state protects everyone's right to live and believe as they choose, as long as they do not harm others. It ensures that the government cannot exercise undue influence over Americans' spiritual and religious lives, allowing people of all faiths to bring their religious convictions into the public square. This includes politicians who are free to express their religious beliefs but not to sponsor legislation based solely on religious convictions.
The degree of separation between church and state varies across different societies. While countries like India and Singapore mandate total separation in their constitutions, others like Denmark and England constitutionally recognise an official state church.
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Religious liberty in schools
The United States Constitution addresses the issue of religion in two places: in the First Amendment, and the Article VI prohibition on religious tests as a condition for holding public office. The First Amendment to the U.S. Constitution states that everyone in the country has the right to practice their own religion, or no religion at all. This is further supported by the Virginia Statute for Religious Freedom, which has been incorporated into the Virginia State Constitution.
The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights, including the right to freedom of religion, free speech, and due process of law. This applies to young people as well as adults.
In the context of schools, the following court rulings have been made regarding religious liberty:
- In Lee v. Weisman (1992), the Court ruled that prayer established by a school principal at a middle school graduation was unconstitutional.
- In Santa Fe Independent School Dist. v. Doe (2000), the Court ruled that school officials may not directly impose student-led prayer during high school football games or establish an official student election process for such prayer.
- In Lemon v. Kurtzman (1971), the Court created a three-part test for laws dealing with religious establishments, stating that a law is constitutional if it does not foster excessive government entanglement with religion.
In New York, a group called Parents for Educational and Religious Liberty in Schools (PEARLS) has been involved in a legal battle over the state's regulations regarding secular education standards in private religious schools. PEARLS argues that the state is not legally empowered to withhold funding from schools deemed inadequate and that parents have the right to supplement a purely religious education with tutoring in secular subjects outside of school.
Another group, Young Advocates for Fair Education (Yaffed), has criticized Hasidic schools for providing little to no secular education, leading to an investigation by the Department of Education (DOE). This investigation was met with opposition from Hasidic school and community leaders, who formed PEARLS to defend the right to provide a religious education that satisfies mandatory educational standards within their community's values.
The legal battle has resulted in rulings and regulations that aim to ensure private schools provide an education that is "substantially equivalent" to that of public schools, while also respecting the religious instruction at the core of a yeshiva's mission.
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Religious freedom in prisons
The First Amendment to the U.S. Constitution guarantees that everyone in the United States has the right to practice their own religion or no religion at all. This right extends to prisoners, who have enjoyed a fair amount of success with claims protecting their religious dietary practices and access to religious items. For example, in Cutter v. Wilkinson (2005), the Supreme Court ruled in favour of five Ohio prison inmates who protested the denial of access to ceremonial items and opportunities for group worship.
However, prisoners must prove that their beliefs are sincerely held, and courts may disagree about what qualifies as a religion or religious belief. For instance, in Sourbeer v. Robinson (1986), a finding of insincerity was upheld when a prisoner only attended religious service five times in one year and did not designate a spiritual advisor to visit them.
The RFRA and RLUIPA balance a prisoner's right to exercise their religion against the government's interests. The general test is that the government may not impose a substantial burden on a prisoner's religious exercise unless it is in the government's interest and is the least restrictive means of furthering that interest. As per the First Amendment, the government is prohibited from playing favourites with any religion or prohibiting the free exercise of religion.
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Freedom from religion
The United States Constitution grants all Americans the freedom of religion, which includes the freedom to not practice a religion. The First Amendment to the U.S. Constitution states that:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
This means that the government cannot pass laws that favour or establish a particular religion, nor can it prevent people from practising their chosen religion. The "Establishment Clause" prohibits the federal government from establishing a national church or excessively involving itself in religion, particularly in a way that benefits one religion over another. The Fourteenth Amendment extends this restriction to state governments as well.
The right to freedom of religion also includes the freedom to choose one's religious leaders, the freedom to preach and educate, and the freedom to raise children in the faith of their parents. The Supreme Court has affirmed that students have the right to pray in school, as long as it does not disrupt educational activities or force others to pray along.
Controversies surrounding religious freedom in the US have included the building of places of worship, compulsory speech, prohibited counselling, circumcision of male infants, dress, oaths, medical care, the protection of graves, and accommodations for employees, prisoners, and military personnel.
While the Constitution guarantees freedom of religion, it does not explicitly grant freedom from religion. However, the government is restricted from intruding upon those who do not exercise any religion. Thomas Jefferson, who played a significant role in the formation of religious freedom, stated in his second inaugural address in 1805 that:
> "In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the General Government."
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Frequently asked questions
The First Amendment to the U.S. Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This means that the government cannot promote one religion over others and cannot restrict an individual's religious practices.
Freedom of religion includes the recognition of individual conscience, allowing for conscientious objection to law or policy. On the other hand, freedom of worship does not include this recognition.
Yes, the Supreme Court has ruled that religious freedom does not relieve individuals of their obligation to comply with valid and neutral laws. For example, in Employment Division, Department of Human Resources of Oregon v. Smith (1990), the court upheld the denial of employment benefits to an individual who had been fired for ingesting peyote, an illegal drug used in religious ceremonies.
The interpretation of the First Amendment has evolved since its adoption in 1791. Initially, it applied only to laws enacted by Congress and was interpreted more narrowly than it is today. Over time, the Supreme Court has clarified the distinction between government and individual liberty in church/state questions, ensuring governmental neutrality in matters of religion.
