Freedom of religion in the United States
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In the United States,
The way freedom of religion is interpreted has changed over time in the United States and continues to be controversial. The issue was a major topic of George Washington's Farewell Address. Several American states had their own official state churches both before and after the First Amendment was passed.[4] Illegal religion was a major cause of the 1890–1891 Ghost Dance War. Starting in 1918, nearly all of the pacifist Hutterites emigrated to Canada when Joseph and Michael Hofer died following torture for conscientious objection to the draft. Some have since returned, but most Hutterites remain in Canada.
The long-term trend has been towards increasing secularization of the government. The remaining state churches were
Controversies surrounding the freedom of religion in the US have included building places of worship, compulsory speech, prohibited counseling, compulsory consumerism, workplace, marriage and the family, the choosing of religious leaders, circumcision of male infants, dress, education, oaths, praying for sick people, medical care, worshiping during quarantines, use of government lands sacred to Native Americans, the protection of graves, the bodily use of sacred substances, mass incarceration of clergy, both animal slaughter for meat and the use of living animals, and accommodations for employees, prisoners, and military personnel.
Legal and public foundation
The
Colonial precedents
The October 10, 1645, charter of Flushing, Queens, New York, allowed "liberty of conscience, according to the custom and practice of Holland without molestation or disturbance from any magistrate or ecclesiastical minister." However, New Amsterdam Director-General Peter Stuyvesant issued an edict prohibiting the harboring of Quakers. On December 27, 1657, the inhabitants of Flushing approved a protest known as The Flushing Remonstrance. This contained religious arguments even mentioning freedom for "Jews, Turks, and Egyptians," but ended with a forceful declaration that any infringement of the town charter would not be tolerated.
Freedom of religion was first applied as a principle in the founding of the colony of Maryland, also founded by the Catholic
Rhode Island (1636), Connecticut (1636), New Jersey, and Pennsylvania (1682), founded by Baptist
The First Amendment
In the United States, the religious and civil liberties are guaranteed by the First Amendment to the United States Constitution:
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 "
The "Free Exercise Clause" states that Congress cannot "prohibit the free exercise" of religious practices. The Supreme Court of the United States has consistently held, however, that the right to free exercise of religion is not absolute. For example, in the 19th century, some of the members of the Church of Jesus Christ of Latter-day Saints (LDS Church) traditionally practiced polygamy, yet in Reynolds v. United States (1879), the Supreme Court upheld the criminal conviction of one of these members under a federal law banning polygamy. The Court reasoned that to do otherwise would set precedent for a full range of religious beliefs including those as extreme as human sacrifice. The Court stated that "Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices." For example, if one were part of a religion that believed in vampirism, the First Amendment would protect one's belief in vampirism, but not the practice.
The Fourteenth Amendment
The Fourteenth Amendment to the United States Constitution guarantees the religious civil rights.[20] Whereas the First Amendment secures the free exercise of religion, section one of the Fourteenth Amendment prohibits discrimination, including on the basis of religion, by securing "the equal protection of the laws" for every person:
All persons born or naturalized in the United States, and subject to the jurisdiction there of, are citizens of the United States and of the State where in they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
This amendment was cited in Meyer v. Nebraska, striking down laws which banned education in the German language. These laws mainly affected church schools teaching in German. Some laws, such is in Montana, forbade preaching in German during church.[21] A total ban on teaching German in both public and private schools was imposed for a time in at least fourteen states, including California, Indiana,[22] Wisconsin,[23] Ohio, Iowa and Nebraska. California's ban lasted into the mid-1920s, and German was banned again in California churches in 1941.
The "wall of separation"
Controversy rages in the United States between those who wish to restrict government involvement with religious institutions and remove religious references from government institutions and property, and those who wish to loosen such prohibitions. Advocates for stronger
Problems also arise in U.S. public schools concerning the teaching and display of religious issues. In various counties,
U.S. judges often ordered alcoholic defendants to attend Alcoholics Anonymous or face imprisonment. However, in 1999, a federal appeals court ruled this unconstitutional because the A.A. program relies on submission to a "Higher Power".[32]
Thomas Jefferson also played a large role in the formation of freedom of religion. He created the Virginia Statute for Religious Freedom, which has since been incorporated into the Virginia State Constitution.
Other statements
Inalienable rights
The United States of America was established on foundational principles by the Declaration of Independence:[33]
We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; (based on Thomas Jefferson's draft.)[34]
Religious institutions
In 1944, a joint committee of the
Religious Liberty shall be interpreted to include freedom to worship according to conscience and to bring up children in the faith of their parents; freedom for the individual to change his religion; freedom to preach, educate, publish and carry on missionary activities; and freedom to organize with others, and to acquire and hold property, for these purposes.[35]
Freedom of religion restoration
Following increasing government involvement in religious matters, Congress passed the 1993 Religious Freedom Restoration Act.[36] A number of states then passed corresponding acts (e.g., Missouri passed the Religious Freedom Restoration Act).[37]
Treaty of Tripoli
Signed on November 4, 1796, the Treaty of Tripoli was a document that included the following statement:
As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims]; and as the said States never entered into any war or act of hostility against any Mahometan [Mohammedan] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.
This treaty was submitted to the Senate and was ratified unanimously on June 7, 1797, and then signed by President John Adams on June 10, 1797. In accordance with Article VI of the Constitution, on that date this treaty became incorporated as part of "the supreme Law of the Land".
Supreme Court rulings
Jehovah's Witnesses
Since the 1940s, the Jehovah's Witnesses have often invoked the First Amendment's freedom of religion clauses to protect their ability to engage in the proselytizing (or preaching) that is central to their faith. This series of litigation has helped to define civil liberties case law in the United States and Canada.
In the United States of America and several other countries, the legal struggles of the Jehovah's Witnesses have yielded some of the most important judicial decisions regarding
Professor C. S. Braden wrote: "They have performed a signal service to democracy by their fight to preserve their civil rights, for in their struggle they have done much to secure those rights for every minority group in America."[38]
"The cases that the Witnesses were involved in formed the bedrock of 1st Amendment protections for all citizens," said Paul Polidoro, a lawyer who argued the Watchtower Society's case before the Supreme Court in February 2002. "These cases were a good vehicle for the courts to address the protections that were to be accorded free speech, the free press and free exercise of religion. In addition, the cases marked the emergence of individual rights as an issue within the U.S. court system.
Before the Jehovah's Witnesses brought several dozen cases before the U.S. Supreme Court during the 1930s and 1940s, the Court had handled few cases contesting laws that restricted freedom of speech and freedom of religion. Until then, the First Amendment had only been applied to Congress and the federal government.
However, the cases brought before the Court by the Jehovah's Witnesses allowed the Court to consider a range of issues: mandatory flag salute, sedition, free speech, literature distribution and military draft law. These cases proved to be pivotal moments in the formation of constitutional law. Jehovah's Witnesses' court victories have strengthened rights including the protection of religious conduct from federal and state interference, the right to abstain from patriotic rituals and military service and the right to engage in public discourse.
During the World War II era, the U.S. Supreme Court ruled in favor of Jehovah's Witnesses in several landmark cases that helped pave the way for the modern civil rights movement. In all, Jehovah's Witnesses brought 23 separate First Amendment actions before the U.S. Supreme Court between 1938 and 1946.
Lemon test
For sixty years, the
The Court has therefore tried to determine a way to deal with church/state questions. In Lemon v. Kurtzman (1971), the Court created a three-part test for laws dealing with religious establishment. This determined that a law was constitutional if it:
- Had a secularpurpose
- Neither advanced nor inhibited religion
- Did not foster an excessive government entanglement with religion.
Some examples of where inhibiting religion has been struck down:
- In Widmar v. Vincent, 454 U.S. 263 (1981), the Court ruled that a Missouri law prohibiting religious groups from using state university grounds and buildings for religious worship was unconstitutional. As a result, Congress decided in 1984 that this should apply to secondary and primary schools as well, passing the Equal Access Act, which prevents public schools from discriminating against students based on "religious, political, philosophical or other content of the speech at such meetings". In Board of Education of Westside Community Schools v. Mergens, 496 U.S. 226, 236 (1990), the Court upheld this law when it ruled that a school board's refusal to allow a Christian Bible club to meet in a public high school classroom violated the act.
- In Good News Club v. Milford Central School, 533 U.S. 98 (2001), the Court ruled that religious groups must be allowed to use public schools after hours if the same access is granted to other community groups.
- In Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995), the Supreme Court found that the University of Virginia was unconstitutionally withholding funds from a religious student magazine.
The Lemon Test was effectively overturned in the 2022 case of Kennedy v. Bremerton School District, which involved a Christian high school football coach at a public school that prayed in the middle of the field after every game, often joined by the players and attendees. The school district feared the display would be seen as them encouraging religion, and attempted to work with the coach to move the prayers to a less-visible area, but the coach continued his prayers on field after the game, and the district opted not to renew his contract. The Supreme Court ruled in favor of the coach, in that the coach's freedom of religion allowed him to pray whenever he wanted, and that the school district had taken a harsh view of this. Instead of applying the Lemon test, the majority decision relied on historical perspectives to reach their decision.
Wisconsin v. Yoder
Hosanna-Tabor
Masterpiece Cakeshop
Klein v. Oregon Bureau of Labor and Industries is similar. Masterpiece Cakeshop v. Colorado was a Supreme Court case that had been expected to play a significant role in distinction between anti-discrimination laws and freedom of religion. A Colorado bakery, Masterpiece Cakeshop, had refused to bake a cake for a gay couple's marriage, as the owner was a devout Christian and the message he was asked to bake was against his faith. The couple complained to the state, which ultimately sued the bakery for violating the state's anti-discrimination laws. In June 2019, the Supreme Court vacated a ruling by the Oregon Appeals Court, requiring that court to rehear the case in the light of the Masterpiece Cakeshop v. Colorado Civil Rights Commission decision in 2018. The Court did not take any significant steps to clarify where the line was drawn between anti-discrimination laws and freedom of religion, but instead made a more narrow decision that found the state was too aggressive and hostile to the bakery in handling the matter, thus remitting the case to lower courts to review.[39][40]
303 Creative
303 Creative is seen as a followup to Masterpiece Cakeshop. A Colorado web site designer who was Christian wanted to put a message on her business's web page that she would not help to create site with LGBT messaging but would aid customers to find a designer that would do so. However, she found state law would prevent her from having this message as it would be seen as discriminatory. She pre-emptively sued the state on its anti-discrimination laws as they would force her to create web sites against her religious beliefs. The Supreme Court heard the case in December 2022.[41]
State constitutions and laws
Under the doctrine of
Many states have freedom of religion established in their constitution, though the exact legal consequences of this right vary for historical and cultural reasons. Most states interpret "freedom of religion" as including the freedom of long-established religious communities to remain intact and not be destroyed. By extension, democracies interpret "freedom of religion" as the right of each individual to freely choose to convert from one religion to another, mix religions, or abandon religion altogether.
Public offices and the military
The Trump administration focused on religious liberty as a vital subject of the presidency. For example, one division on the U.S. Department of Health and Human Services was devoted to Conscience and Religious Freedom. Judges "who have ruled in favor of people seeking religious exemptions to laws"[citation needed] were supported by the president. According to Uddin, author of When Islam Is Not a Religion, during his 2016 election campaign Trump pointed to the closure of mosques. Uddin said that "unfortunately, an increasingly common talking point among many people in the White House and in that sort of larger network is that Islam is not a religion. It is a dangerous political ideology. And therefore, Muslims don't have religious freedom rights."[42]
Religious tests
The affirmation or denial of specific religious beliefs had, in the past, been made into qualifications for public office; however, the United States Constitution states that the inauguration of a president may include an "affirmation" of the faithful execution of his duties rather than an "oath" to that effect — this provision was included in order to respect the religious prerogatives of the
With reference to the use of animals, the U.S. Supreme Court decision in the cases of the
Religious liberty has not prohibited states or the federal government from prohibiting or regulating certain behaviors; i.e.
In practice committees questioning nominees for public office sometimes ask detailed questions about their religious beliefs. The political reason for this may be to expose the nominee to public ridicule for holding a religious belief contrary to the majority of the population. This practice has drawn ire from some for violating the No Religious Test Clause.[49]
States
Some state constitutions in the US require belief in God or a Supreme Being as a prerequisite for holding public office or being a witness in court. This applies to Arkansas,[50] Maryland,[51] Mississippi,[52] North Carolina,[53] where the requirement was challenged and overturned in Voswinkel v. Hunt (1979),[citation needed] South Carolina,[54] Tennessee,[55] and Texas,[56] debatably.[57] A unanimous 1961 U.S. Supreme Court decision in Torcaso v. Watkins held that the First and Fourteenth Amendments to the federal Constitution override these state requirements,[58] so they are not enforced.
Oath of public office
The
Military
After reports in August 2010[update] that soldiers who refused to attend a Christian band's concert at a Virginia military base were essentially punished by being banished to their barracks and told to clean them up, an Army spokesman said that an investigation was underway and "If something like that were to have happened, it would be contrary to Army policy."[60]
Religious holidays and work
Problems sometimes arise in the workplace concerning religious observance when a private employer discharges an employee for failure to report to work on what the employee considers a
Situation of minority groups
Amish
As of December 2019, Lenawee County, Michigan has condemned the houses of 14 Amish families over their use of outhouses lacking connections to septic systems approved by the county.[61][62]
Baptists
In 1919, Harvey Boyce Taylor, a Baptist pastor in Murray, Kentucky, was jailed and fined for holding church related gatherings during the Spanish flu outbreak.[63]
Pentecostals
In 2020,
In 2020, South Bay United Pentecostal Church sued Governor Gavin Newsom (D-CA) for his COVID-19 restrictions on public gatherings and indoor singing. The Supreme Court denied injunctive relief on a 5-4 breakdown, with Justice Kavanaugh writing in dissent that the order was not religiously neutral and targeted religious congregations.
On May 21, 2020, First Pentecostal Church in Holly Springs, Mississippi—which had defied stay at home orders—was burned to the ground with a spray painted message "Bet you stay home now you hypokrites [sic]." The church had fought the city of Holly Springs for the city trying to stop Bible study meetings during the COVID-19 Pandemic.[65]
Catholics
John Higham described anti-Catholicism as "the most luxuriant, tenacious tradition of paranoiac agitation in American history".[66] Anti-Catholicism which was prominent in the United Kingdom was exported to the United States. Two types of anti-Catholic rhetoric existed in colonial society. The first, derived from the heritage of the Protestant Reformation and the religious wars of the 16th century, consisted of the "Anti-Christ" and the "Whore of Babylon" variety and dominated Anti-Catholic thought until the late 17th century. The second was a more secular variety which focused on the supposed intrigue of the Catholics intent on extending medieval despotism worldwide.[67]
Historian
During the
Some of America's
Some states devised
Anti-Catholic animus in the United States reached a peak in the 19th century when the Protestant population became alarmed by the influx of Catholic immigrants. Some American Protestants, having an increased interest in prophecies regarding the end of time, claimed that the Catholic Church was the
The founder of the Know-Nothing movement,
After 1875 many states passed constitutional provisions, called "
Anti-Catholicism was widespread in the 1920s; anti-Catholics, including the Ku Klux Klan, believed that Catholicism was incompatible with democracy and that parochial schools encouraged separatism and kept Catholics from becoming loyal Americans. The Catholics responded to such prejudices by repeatedly asserting their rights as American citizens and by arguing that they, not the nativists (anti-Catholics), were true patriots, since they believed in the right to freedom of religion.[80]
The 1928 presidential campaign of
In 1922, the voters of Oregon passed an initiative amending Oregon Law Section 5259, the Compulsory Education Act. The law unofficially became known as the Oregon School Law. The citizens' initiative was primarily aimed at eliminating parochial schools, including Catholic schools.[84] The law caused outraged Catholics to organize locally and nationally for the right to send their children to Catholic schools. In Pierce v. Society of Sisters (1925), the United States Supreme Court declared the Oregon's Compulsory Education Act unconstitutional in a ruling that has been called "the Magna Carta of the parochial school system." However, there is still controversy over the legality of parish schools. In December 2018, Ed Mechmann, the director of public policy at the Roman Catholic Archdiocese of New York noted that the new regulations from the New York State Education Department would "give local school boards virtually unlimited power over private religious schools. There is no protection against government officials who are hostile to religious schools or who just want to eliminate the competition."[85]
In 1928, Al Smith became the first Roman Catholic to gain a major party's nomination for president, and his religion became an issue during the campaign. Many Protestants feared that Smith would take orders from church leaders in Rome in making decisions affecting the country.
A key factor that hurt
Kennedy went on to win the national popular vote over
In 2011, the
Another concern relating to the Catholic Church and politics in the United States is the freedom to provide church services to illegally undocumented immigrants, as most hail from predominantly Roman Catholic nations.
Holy See–United States relations resumed in 1984.
Christian Scientists
The Christian Scientists have specific protections relating to their beliefs on refusing medical care and the use of prayer.
Episcopalians
Hutterites
Jews
Muslims
Following the 1965 Immigration and Naturalization Act, more than 1.1 million new Muslims immigrated to the United States in the late 20th century. After that, some geopolitical clashes between the United States and several Muslim nations had mainly impact on the "treatment of Muslim Americans"[citation needed]. For example, 1967 the Six Day War, had negative coverage of Arabs and Islam in the American media.[89]
Latter Day Saint movement 1820–90
Historically, the
Smith and his followers experienced relatively low levels of persecution in New York and Ohio,
After a
With the concept of
Native Americans
Aside from the general issues in the relations between Europeans and Native Americans since the initial European colonization of the Americas, there has been a historic suppression of Native American religions as well as some current charges of religious discrimination against Native Americans by the U.S. government.
With the practice of the
Continuing charges of religious discrimination have largely centered on the eagle feather law, the use of ceremonial peyote, and the repatriation of Native American human remains and cultural and religious objects:
- The eagle feather law, which governs the possession and religious use of eagle feathers, was written with the intention to protect then dwindling eagle populations on one hand while still protecting traditional Native American spiritual and religious customs, to which the use of eagle feather is central, on the other hand. As a result, the possession of eagle feathers is restricted to ethnic Native Americans, a policy that is seen as controversial for several reasons.
- Peyote, a spineless cactus found in the desert southwest and Mexico, is commonly used in certain traditions of Native American religion and spirituality, most notably in the Native American Church. Prior to the passage of the American Indian Religious Freedom Act (AIRFA) in 1978, and as amended in 1994, the religious use of peyote was not afforded legal protection. This resulted in the arrest of many Native Americans and non-Native Americans participating in traditional indigenous religion and spirituality.
- Native Americans often hold strong personal and spiritual connections to their ancestors and often believe that their remains should rest undisturbed. This has often placed Native Americans at odds with archaeologists who have often dug on Native American burial grounds and other sites considered sacred, often removing artifacts and human remains – an act considered sacrilegious by many Native Americans. For years, Native American communities decried the removal of ancestral human remains and cultural and religious objects, charging that such activities are acts of genocide, religious persecution, and discrimination. Many Native Americans called on the government, museums, and private collectors for the return of remains and sensitive objects for reburial. The Native American Graves Protection and Repatriation Act (NAGPRA), which gained passage in 1990, established a means for Native Americans to request the return or "repatriation" of human remains and other sensitive cultural, religious, and funerary items held by federal agencies and federally assisted museums and institutions.
Atheists
A 2006 study at the
Several private organizations, the most notable being the
Court cases
In the 1994 case
In
Snake handlers
Case studies
- The religious customs, of which the use of eagles are central. The Eagle Feather Law later met charges of promoting racial and religious discrimination due to the law's provision authorizing the possession of eagle feathers to members of only one ethnic group, Native Americans, and forbidding Native Americans from including non-Native Americans in indigenouscustoms involving eagle feathers—a common modern practice dating back to the early 16th century.
- Charges of religious and racial discrimination have also been found in the education system. In a recent example, the dormitory policies at Boston University and The University of South Dakota were charged with racial and religious discrimination when they forbade a university dormitory resident from smudging while praying. The policy at The University of South Dakota was later changed to permit students to pray while living in the university dorms.
- In 2004, a case involving five Ohio prison inmates (two followers of Thor's Hammer medallions.[114][unreliable source?] In 2007, a federal judge confirmed that Asatru adherents in US prisons have the right to possess a Thor's Hammer pendant. An inmate sued the Virginia Department of Corrections after he was denied it while members of other religions were allowed their medallions.[115]
Replacement of freedom of religion with freedom of worship
In 2016, John Miller of the
In 2014, Kamala Harris and others signed a brief submitted to the Supreme Court that "Rights to the free exercise of religious beliefs [...] protect the development and expression of an 'inner sanctum' of personal religious faith. Free exercise rights have thus also been understood as personal, relating only to individual believers and to a limited class of associations comprising or representing them."[117]
See also
- Church property disputes in the United States
- Entheogenic use of cannabis
- History of religion in the United States
- Human rights in the United States
- International Religious Freedom Act of 1998
- weapons and use cannabisas part of their religious duties
- Religion in the United States
- Religious affiliations of United States Presidents
- Religious discrimination in the United States
- Separation of church and state in the United States
- Status of religious freedom by country
- Legal aspects of ritual slaughter § United States
- Faith healing § United States law
- Vaccination and religion § Exemptions
- Circumcision and law § United States
Footnotes
- ^ "U.S. Constitution - First Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress". Constitution.congress.gov. Retrieved 2022-07-22.
- ^ Jefferson, Thomas (1802-01-01). "Jefferson's Letter to the Danbury Baptists". U.S. Library of Congress. Retrieved 2006-11-30.
- ^ "The State Becomes the Church: Jefferson and Madison". U.S. Library of Congress. 4 June 1998. Retrieved 2015-02-17.
- ^ Vile, John R. "Established Churches in Early America". www.mtsu.edu. Retrieved 2021-10-03.
- ^ a b Zimmerman, Mark, Symbol of Enduring Freedom, p. 19, Columbia Magazine, March 2010
- ISBN 0-8018-3399-X.
- ISBN 0-415-94342-6.
- ^ a b Roark, Elisabeth Louise, p.78, Artists of colonial America Retrieved February 22, 2010
- ^ Encyclopædia Britannica, https://www.britannica.com/place/Massachusetts-Bay-Colony
- ISBN 0-7894-8903-1, pp. 58-63
- ^ Christopher Fennell (1998), Plymouth Colony Legal Structure <http://www.histarch.uiuc.edu/plymouth/ccflaw.html>
- ^ Hanover Historical Texts Project <http://history.hanover.edu/texts/masslib.html>
- ^ M. Schmidt, Pilgerväter, in Die Religion in Geschichte und Gegenwart, 3. Auflage, Band V (1961), Tübingen (Germany), col. 384
- ^ M. Schmidt, Hooker, Thomas, in Die Religion in Geschichte und Gegenwart, 3. Auflage, Band III (1958), col. 449
- ^ Clifton E. Olmstead (1960), History of Religion in the United States, Prentice-Hall, Englewood Cliffs,74-75, 99-105, 113-115
- ^ Edwin S. Gaustad (1999), Liberty of Conscience: Roger Williams in America, Judson Press, Valley Forge
- ISBN 0-688-00310-9
- ^ Heinrich Bornkamm, Toleranz. In der Geschichte des Christentums, in Die Religion in Geschichte und Gegenwart, 3. Auflage, Band VI (1962), col. 943
- ISBN 978-0-19-516247-9, p. 635
- ^ For the distinction between religious civil liberties and religious civil rights, see e.g.: Religious discrimination. A neglected issue. A consultation sponsored by the United States Commission on Civil Rights, Washington D.C., April 9–11, 1979. Preface
- ^ Germans in the New World: Essays in the History of Immigration By Frederick C. Luebke University of Illinois Press: Urbana and Chicago, 1999. p. 38
- ^ "When Indiana Banned German in 1919 | Hoosier State Chronicles: Indiana's Digital Newspaper Program". Blog.newspapers.library.in.gov. 2015-08-26. Retrieved 2015-10-28.
- ^ "Expression Leads to Repression | Wisconsin Historical Society". Wisconsinhistory.org. 10 October 2012. Retrieved 2015-10-28.
- ^ Feldman, Noah (2005). Divided by God. Farrar, Straus and Giroux, pg. 24
- ^ Wood, 2006b.
- ^ Letter to Edward Livingston, July 10, 1822
- ^ letter to Rev Jasper Adams spring 1832
- ^ Detached Memoranda, 1820
- ^ letter to Robert Walsh, March 2, 1819
- ^ Madison (1821), To Schaeffer (Books) (scan)
- ^ Baine, Kevin (29 November 2020). "Is religious freedom a liberal or conservative value?". Washington Post. Retrieved 30 November 2020.
- ^ Warner v. Orange County Department of Probation, 827 F.Supp. 261 (United States District Court, S.D. New York July 29, 1993).; Warner v. Orange County Department of Probation, United States Court of Appeals, Second Circuit, 173 F.3d 120 Docket No. 95-7055, April 19, 1999.
- ^ "Declaration of Independence : July 4, 1776". The Avalon Project at Yale Law School. Archived from the original on April 28, 2007. Retrieved 2007-04-18.
- ^ Jefferson's "original Rough draught" of the Declaration of Independence The Papers of Thomas Jefferson, Volume 1: 1760-1776. Retrieved 30 March 2020.
- ISBN 978-1-57258-118-0.
- ^ "USC 42, Chapter 21B: Religious Freedom Restoration". United States Code. Retrieved 2007-04-18.
- ^ "Religious freedom restoration act". State of Missouri. Archived from the original on 2007-09-27. Retrieved 2007-04-18.
- ISBN 0-02-514360-3.
- ^ "Order List, Monday, June 17, 2019" (PDF). Supreme Court of the United States. Retrieved 2019-06-18.
- ^ "Klein v. Oregon Bureau of Labor and Industries". SCOTUSblog. 2018-10-29. Retrieved 2019-06-17.
- ^ Howe, Amy (December 2, 2022). "Colorado web designer's First Amendment challenge will test the scope of state anti-discrimination laws". SCOTUSblog. Retrieved December 5, 2022.
- ^ Liptak, Adam (8 December 2021). "Supreme Court Seems Wary of Ban on State Aid to Religious Schools". The New York Times.
- ^ a b c "Religious Discrimination in U.S. State Constitutions". Ontario consultants on religious tolerance. Retrieved 2012-12-03.
- ^ a b c "Quotation, Overview, and the Constitutions of Arkansas & Maryland". Ontario consultants on religious tolerance. Retrieved 2012-12-03.
- ^ a b c d e f g "Religious discrimination in state constitutions : Constitutions of Massachusetts, North Carolina, Pennsylvania, South Carolina, Tennessee & Texas". Ontario consultants on religious tolerance. Retrieved 2012-12-03.
- ^ For instance in Texas officials may be "excluded from holding office" for failing to "acknowledge the existence of a Supreme Being." (i.e. God) Texas Legislature Online Archived 2007-08-10 at the Wayback Machine
- ^ Criminal Law and Procedure By Daniel E. Hall – Cengage Learning. July 2008. p. 266.
- ^ Merced, President Templo Yoruba Omo Orisha Texas, Inc., v. City of Euless Findlaw.com. Retrieved 30 March 2020.
- ^ An example of this: "Opinion: The Dogma of Dianne Feinstein". New York Times. 9 November 2017. Retrieved 9 February 2019.
- ^ § 1. Atheists disqualified from holding office or testifying as witness
- ^ "Maryland Constitution – Declaration of Rights"., Article 36 and 37
- ^ Mississippi State Constitution: Article 14, Section 265, "No person who denies the existence of a Supreme Being shall hold any office in this state."
- ^ "Article Vi, Sec. 7 and 8". Archived from the original on 2009-01-17. Retrieved 2009-02-04.
- ^ "S.C. Constitution Article VI Officers – www.scstatehouse.net-LPITS". Archived from the original on 2008-10-15. Retrieved 2009-01-12.
- ^ Tennessee Constitution – Article Ix. Disqualifications – Hosted By Tncrimlaw
- ^ The Texas Constitution: Article I – Bill of Rights "Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."
- ^ "Newdow v. U.S. Congress. Petition for Writ of Certiorari" (PDF).
- ^ "TORCASO v. WATKINS". Findlaw. 1961.
- ^ 5 U.S.C. § 3331, Oath of Office;
^ 28 U.S.C. § 453, Oaths of justices and judges
^ 10 U.S.C. § 502, Enlistment Oath - ^ "Troops: Skipping Christian concert got us punished". SFGate.com. 20 August 2010. Archived from the original on 23 August 2010. Retrieved 6 November 2021 – via Associated Press.
- ^ Michigan County Threatens to Demolish Amish Homes Unless They Give Up Religious Beliefs and Upgrade, December 20, 2019, activistpost.com
- ^ ACLU-MI Defends Amish Community's Religious Freedom Against Lenawee County's Threat to Bulldoze Homes, press release, ALCU-Michigan, December 18, 2019
- ^ One pastor was so outraged by church ban during Spanish flu that he went to jail by Jon Hale, Louisville Courier Journal, March 20, 2020
- ^ Pastor of La. church charged, accused of disobeying governor's order by Robb Hays, March 31, 2020, wafb.com
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Further reading
- Tebbe, Nelson (2017). Religious Freedom in an Egalitarian Age. Cambridge: Harvard University Press. ISBN 978 0 674 97143 1
- Waldman, Steven (2019). Sacred Liberty: America's Long, Bloody, and Ongoing Struggle for Religious Freedom. New York: HarperOne.
External links
- ACLU President Nadine Strossen on freedom of religion
- Volokh, Eugene (May 23, 2006). "FREEDOM OF EXPRESSIVE ASSOCIATION AND GOVERNMENT SUBSIDIES" (PDF). Stanford Law Review. 58. UCLA: 1919–1968.