Throughout the colonial era, Anglo-American antipathy toward Catholics—especially French and Spanish Catholics—was pronounced and often reflected in the sermons of such famous clerics as Cotton Mather and in statutes that discriminated against Catholics in matters of property and voting. In newly independent America, there was a crazy quilt of state laws regarding religion.
In Massachusetts, only Christians were allowed to hold public office, and Catholics were allowed to do so only after renouncing papal authority. In Maryland, Catholics had full civil rights, but Jews did not. Delaware required an oath affirming belief in the Trinity. Several states, including Massachusetts and South Carolina, had official, state-supported churches. It neither picks my pocket nor breaks my leg. Future President James Madison stepped into the breach. This right is in its nature an inalienable right.
Madison also made a point that any believer of any religion should understand: that the government sanction of a religion was, in essence, a threat to religion. As a Christian, Madison also noted that Christianity had spread in the face of persecution from worldly powers, not with their help.
The act is one of three accomplishments Jefferson included on his tombstone, along with writing the Declaration and founding the University of Virginia. He omitted his presidency of the United States. And as framed in Philadelphia that year, the U. The men who fought the Revolution may have thanked Providence and attended church regularly—or not.
But they also fought a war against a country in which the head of state was the head of the church. For example, New York Governor Andrew Cuomo D created an interfaith advisory council to receive input on achieving greater interreligious understanding and promoting inclusivity and open-mindedness. Administrative and legislative options exist at the federal, state, and local levels to ensure that religious liberty is not used as a justification for discrimination.
Policymakers should ensure that laws like the Religious Freedom Restoration Act uphold the right to religious liberty while also ensuring that populations particularly vulnerable to the abuse of religious liberty are legally protected from such discrimination. This menu of policy options serves as a model to create and maintain protections ensuring that the original intentions of religious liberty are upheld. These policy options would protect many people from the potential harm of a warped application of religious liberty—particularly populations that are most vulnerable, such as women, people of color, religious minorities, and LGBTQ individuals.
Religious liberty must extend to the growing and changing diversity of the American public. Its misuse, currently spearheaded by the Trump administration, has prioritized certain political goals and religious beliefs and will have lasting impacts on houses of worship, religious institutions, the courts, and laws at the federal, state, and local levels.
If policymakers do not ensure that religious liberty protects the free exercise of religion for all Americans, it will continue to be weaponized as a tool for discrimination and political gain and weaken nondiscrimination protections. Religious liberty must include the everyone; it should not be a tool to ensure that only a specific set of religious beliefs and communities are prioritized above others.
Laura E. Carolyn Davis , Laura E. Tricia Woodcome Senior Media Manager. Julia Cusick Director, Media Relations. Madeline Shepherd Director, Government Affairs. In this article. InProgress Stay updated on our work on the most pressing issues of our time. The exploitation of religious liberty to discriminate against foster and adoptive parents On the state level, religious liberty has been used to discriminate in taxpayer-funded child welfare programs such as adoption and foster care services.
Threats to the separation of church and state. Eroding religious liberty in order to form dark money channels At the National Prayer Breakfast, President Donald Trump declared his intention to repeal the Johnson Amendment, a critical measure that ensures that houses of worship can maintain their sanctity by being free from political influence.
Redefining religious liberty as a right provided to only a select few While the Trump administration claims to be in pursuit of religious liberty, it has instead prioritized a specific set of conservative Protestant Christian beliefs over all others. Privileging conservative Christian views in state legislatures Many of the same individuals who claim their religious liberty is under threat are actively working to enshrine their own religious beliefs into state law. Policies and practices to reinstate a balanced and inclusive vision of religious liberty.
Ensure that religious exemptions do not undermine patient health All hospitals should be required to clearly provide a list of services that they do not offer.
Extend nondiscrimination laws at the federal level The passing of the recently reintroduced Equality Act would extend nondiscrimination laws at the federal level to apply to everyone, including LGBTQ people.
Consult faith communities in local policymaking and foster interfaith dialogue Local faith communities should be consulted in local policymaking in order to respond to their concerns and establish a formalized path of communication.
Robert P. Carolyn J. Sharita Gruberg and Frank J. Evan Minton v. Dignity Health , verified complaint for declaratory and injunctive relief and statutory damages, Superior Court of the State of California for the County of San Francisco, No. John I. Now Students Are Fighting Back. Frank J. LaShawn Y. Masterpiece Cakeshop v. Supreme Court, No. Philip Schwadel and Gregory A. Daniel Cox and Robert P. Do No Harm Act, S. Governmental Liability, Chapter Equality Act , H.
Emily London Research Associate. The pamphlet was an instant hit. The new statute outlined in clear and coherent language why it was dangerous to have established religions in America. It is organized in three sections. Jefferson considered the bill to be among his greatest accomplishments.
When he died in , he instructed that his authorship of the bill be included on his tombstone along with his authorship of the Declaration of Independence and his founding of the University of Virginia. This article was originally published in Matthew Harris is a professor of history and director of legal studies at Colorado State University-Pueblo.
Munoz, Vincent Phillip.
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