Religion

Religion is commonly defined as a group of beliefs concerning the supernatural, sacred, or divine, and the moral codes, practices, values, institutions, and rituals associated with such belief. It is sometimes used interchangeably with "faith" or "belief system". In the course of the development of religion, it has taken many forms in various cultures and individuals. Occasionally, the word "religion" is used in the more restrictive sense of "organized religion" — that is, an organization of people supporting the exercise of some religion, often taking the form of a legal entity.

Separation of Church and State

The separation of church and state is a political doctrine which states that the institutions of the state or national government should be kept separate from those of religious institutions. In the United States, separation of church and state is sometimes believed to be in the Establishment Clause of the First Amendment to the U.S. Constitution and by legal precedents interpreting that clause, some extremely controversial. The Establishment Clause states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" However, the U.S. Supreme Court decided that the Fourteenth Amendment (one of the Reconstruction Amendments) makes the Establishment Clause and other portions of the Bill of Rights binding on state and local governments as well, although it is arguable that this restriction on state and local government existed in Article VI of the unamended Constitution and that the Fourteenth Amendment was a clarification on the limitation of government power. Many other democratic governments around the world have similar clauses in their respective constitutions.

The phrase "separation of church and state" does not appear in the Constitution, but rather is derived from a letter written by Thomas Jefferson to a group identifying themselves as the Danbury Baptists. In that letter, Jefferson referred to a "wall of separation between church and state."

James Madison, the father of the U.S. Constitution and the Bill of Rights, wrote in the early 1800s, "Strongly guarded . . . is the separation between religion and government in the Constitution of the United States." Ulysses S. Grant also called for Americans to "Keep the church and state forever separate."

The belief that religious and state institutions should be separate covers a wide spectrum, ranging between one extreme which would secularize or eliminate the church, and theocracy, in which the government is an affiliate of the church. Some secularists believe that the state should be kept entirely separate from religion, and that the institutions of religion should be entirely free from governmental interference. Churches that exercise their authority completely apart from government endorsement, whose foundations are not in the state, are conventionally called "Free" churches.

A secular government does not cite a specific religious institution for the justification of its authority. However, some secular governments claim quasi-religious justifications for their powers, emphasizing the relationship mainly for ceremonial and rhetorical purposes. This is done for the general welfare and the benefit of the state, does not necessarily favor any specific religious group, and the state does not conform to any doctrine other than its own. This arrangement is called civil religion. Some secularists would allow the state to encourage religion (such as by providing exemptions from taxation, or providing funds for education and charities, including those that are "faith based"), but insist the state should not establish one religion as the state religion, require religious observance, or legislate dogma.

Some countries embrace a middle position, a compromise between secular and religious government. In these countries the state uses the powers of government to directly support a specific religious institution or established church. Turkey, for example, despite being an officially secular country (the Preamble of the Constitution states that "There shall be no interference whatsoever of the sacred religious feelings in State affairs and politics"), pays imams' wages, provides religious education in public schools (article 24 of that country's Constitution) and has a Department of Religious Affairs (article 136 of the Constitution) that organizes the Muslim religion.

A theocracy exists when a religion establishes the government and religious law is applied to state policy under the direct authority of the religious institution. In a theocracy, the courts or officials of the religion direct policies of the civil government.

The separation of church and state is similar to the concept of freedom of religion, but the two concepts are not the same. For example, the citizens in a country with a state church may have complete freedom of religion. And citizens in a country without a state church may or may not enjoy the freedom to practice their religion. In the United States, the structure and wording of the First Amendment with both the Establishment Clause and the Free Exercise Clause, demonstrates this difference. Both clauses have evolved an important body of case law from the U.S. Supreme Court as well as lower federal courts.

While many states or nations permit freedom of religious belief, no country allows completely unrestricted freedom of religious practice. National laws, when they reflect important or fundamental governmental interests, may prohibit certain acts which some citizens may claim represent the free exercise of their religious belief.

In the United States, state laws can prohibit practices such as bigamy, sex with children, human sacrifice, use of drugs, or other criminal acts, even if citizens claims the practices are part of their religious belief system. However, the federal courts give close scrutiny to any state or local laws that impinge upon the bona fide exercise of religious practices. The courts ensure that genuine and important religious rights are not impeded, and that questionable practices are limited only to the extent necessary. The courts usually demand that any laws restricting religious practices must demonstrate a fundamental or "compelling" state interest, such as protecting citizens from bodily harm.

Separation of Church and State in the United States

In the 1600s and 1700s, many Europeans emigrated to what would later become the United States. For some this was driven by the desire to worship freely in their own fashion. These included a large number of nonconformists such as the Puritans and the Pilgrims as well as English Catholics. However, with some exceptions, such as Roger Williams of Rhode Island or the Roman Catholic Lord Baltimore in Maryland, most of these groups did not believe in religious toleration and in some cases came to America with the explicit aim of setting up a theocratic state.

Such history and beliefs were integrated into the U.S. Constitution with the passing of the Bill of Rights containing the First Amendment. The clause of the First Amendment that adopted the founders' principles of separation of church and state and freedom of religion is known as the Establishment Clause. It states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."

The interpretation of that clause is subject to disagreement. Some hold that the founders' intent was to prevent the state from mandating or banning any religion, while others, including the ACLU, hold to the view that no government — federal, state or local — can perform any action or make any policy which blatantly favors one faith or church over the others, or which favors belief in God or the Supreme being over non-belief. The latter position has been gradually adopted by the Supreme Court since the latter half of the nineteenth century, though the Court is not unanimous on this: Supreme Court Justice Clarence Thomas, an "originalist" who favors the Constitutional founders' interpretation and application of the Constitution, disagrees with the modern view.

The court-enforced separation does not extend to all elements of civil religion. By law, the country's currency now carries the motto "In God We Trust". Congress begins its sessions with a prayer, and since 1954 the Pledge of Allegiance contains the phrase, "one nation, under God". Court rulings have upheld these apparently religious references, viewing them as non-substantive "ceremonial deism" or utilizing other legal theories. Recent lawsuits have unsuccessfully attempted to challenge this view. Some expressions of religion on public property, such as certain displays of the Ten Commandments in courtrooms or Nativity scenes on public land have been recently ruled to be unconstitutional. The government is also permitted to restrict religious activities so long as these restrictions do not target religion specifically. For instance, a religious group can not perform human sacrifice under the veil of separation of church and state because the government views it as murder and murder is illegal.

Religion plays a strong role in national politics, especially in controversial moral issues like abortion, euthanasia, and homosexuality. Direct church-state issues also arise, currently including the question of whether or not school vouchers should be used to help parents pay for education at religious schools, and the status of the faith-based initiatives of Presidents like George W. Bush.

The most prominent religious participants in national politics are Evangelical Christians, largely allied with the Republican Party and in the so-called Bible Belt of the Southern and Midwestern United States, but other Protestants (including predominantly liberal sects), Catholics, Mormons, Jews, Muslims, non-believers, and other faiths are also quite active. Some religious groups wish to increase the ability of government to make various religious expressions; they often emphasize the largely Christian demographics and history of the country, however it is also often used as an attempt to give state sanction to a majoritarian faith at the direct expense of the rights of minority religious groups.

It is common practice for national politicians with strongly religious constituencies to cite religious texts or beliefs in support of certain policies. In other areas voters may be more disapproving of expressions of religious faith by political candidates and government officials.

Although the US Constitution specifically forbids legal religious requirements for officeholders, now, unlike 200 years ago, voters frequently prefer to vote for politicians they can identify with, who reflect their views and garner their trust. Thus voters generally entrust their vote to a candidate reflecting the majority faith in their district. Nearly every President has had a Christian religious affiliation. At least 90% of the 105th Congress from 1998 were known to be Christian, with Catholics, Baptists, and Methodists alone comprising over half of it. Local demographics, and thus the religious affiliations of local politicians, are more varied.

Freedom of Religion

Historically freedom of religion has been used to refer to the tolerance of different theological systems of belief, while freedom of worship was defined as freedom of individual action. Freedom of religion and belief is a guarantee by a government for freedom of belief for individuals and freedom of worship for individuals and groups. It is considered by many to be a fundamental human right. Freedom of religion must also include the freedom to practice no religion (irreligion) or the belief that there exists no deity (atheism).

The Universal Declaration of Human Rights adopted by the 58 Member States of the United Nations General Assembly on December 10, 1948, at the Palais de Chaillot in Paris, France defines freedom of religion and belief as follows:

"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance."

Freedom of Religion in the United States of America

The early colonies, although many of them were founded as a result of religious persecution, were not tolerant of dissident forms of worship. For example, Roger Williams found it necessary to found a new colony in Rhode Island to escape persecution in the theocratically dominated colony of Massachusetts.

It was not until the 18th century that Enlightenment concepts of freedom of individual worship gained ground both in Europe and America.

The modern legal concept of religious freedom as the union of freedom of belief and freedom of worship with the absence of any state-sponsored religion, originated in the United States of America.

This issue was addressed by Thomas Paine in his pamphlet, Common Sense (1776):

"As to religion, I hold it to be the indispensable duty of all government, to protect all conscientious professors thereof, and I know of no other business which government hath to do therewith . . .

The Virginia Statute for Religious Freedom was written in 1779 by Thomas Jefferson. It proclaimed:

"[N]o man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities."

In U.S. law, freedom of religion is codified in the First Amendment to the United States Constitution, which declares:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

Consequently, the USA has become a nation of many religious institutions which flourish under the freedom of legal protection by local, state and federal governments. This protection is, though, not to be used as cover for illegal activities, as in the case of a defendant who claimed smoking marijuana was part of her religious beliefs and practices:

"Those who seek constitutional protections for their participation in an establishment of religion and freedom to practice its beliefs must not be permitted the special freedoms that this special sanctuary may provide merely by adopting religious nomenclature and cynically using it as a shield to protect them when participating in anti-social conduct that otherwise stands condemned." (U.S. v. Kuch 288 FSup. 439 (1968))

In the USA, 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.