What is Freedom of Religion?

Issues involving our freedoms as Americans typically generate the most impassioned dialogue. I assume that is because those freedoms are so precious to all of us as a people. So I find it to be an important conversation to have.

Responding to a recent post on the US Supreme Court's refusal to hear a student-led prayer case, "Michael" commented,

This is ridiculous...whatever happened to freedom of religion which is one of the founding principles of this country...if it is "student" led prayer, then why is he being excluded from participating? "If we do not stand for something, we'll fall for anything"

I'm not so sure the court's ruling was ridiculous. But, cliche' aside, I think Michael expresses a feeling shared by many Christians. I have heard similar expressions from students, parents and others with some regularity. The topic has been a staple of talk radio for at least a decade. Heck, I've had the thought myself...before I went to the library.

But this was the first time someone brought it up on the blog, as far as I can recall. Whatever the case, this time I decided to take a swing at a response.

If America was founded upon the principle of freedom of religion - and the historical record clearly shows that it was - then what does freedom of religion mean?

Here's my (edited) answer to Michael; offered with the hope he can find something American to stand for:

Michael, If you are referring to the freedom of religion this country was founded upon - well... that "freedom" included established churches in most of the colonies, taxes paid to a particular church; Quakers hanged in Massachusetts, Baptist preachers jailed in Virginia, and much more.

The original notion of freedom of religion in America was much like what was happening in Europe at the time - small religious republics. It took a few years for that wear off and it only wore off as a result of the considerable efforts of America's founders.

In the founder's time, one’s civil rights - whether you could hold office, whether you could have custody of your own children, whether you could serve in the military, were all linked to one's religious expression.

America was not so much founded as a Christian nation, as Connecticut was founded as a Congregationalist republic, and New Hampshire was a Congregationalist republic, and North Carolina was an Anglican republic.... Understanding this makes it easier to understand what the founders were fighting against.

Protecting and perpetuating the value of religious liberty was thought of by our founders as freedom of thought. ...the same freedom of thought denied common folk prior to the Protestant Reformation, during the days of the Holy Roman Empire under "unam sanctum."

America was to become a place where, as Washington wrote to the Jews of Newport RI,

“the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit under his own vine and fig tree, and there shall be none to make him afraid.”

Washington had no notion whatsoever that Jews had to become Christian - or act like they were. (You may recognize Washington's quote from the book of Micah.)

He also wrote,

"...the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens in giving it on all occasions their effectual support."

It would seem that the court recognizes that any notion of freedom of religion that allows a government (including teachers paid by the government) to lead, or appear to lead prayers is a de facto, and constitutionally prohibited, "establishment" of religion."

Non-disruptive expressions of faith that come from the students, must not be infringed upon, but the state must not appear to establish.

In this case, the coach had been leading players in prayers himself for some period of time. When parents objected because he was imposing his religious views on others, he was ordered to stop. He refused, and ultimately resigned - on principle. I can only assume the principle he held to was the right to lead "his boys" to "his faith."

One can only imagine the response if a Muslim coach insisted upon the same rights. The Freshwater case in Ohio featured an individual who was similarly insistent upon pushing his own faith.

The court ruled properly.

One of my favorite stories is about some of Kentucky's earliest settlers - called the Travelling Church.

In Virginia, Baptist preachers were being thrown in jail for preaching without a license. They couldn't get a license, because they were Baptists and Virginia's established church was The Church of England (Anglican).

One the most frequently jailed preachers was Elijah Craig, not only a man of the Word, but later, a fine Kentucky bourbon-maker as well. Elijah would be denied a license, preach anyway, get thrown in jail, and continue to draw crowds as he preached through the bars of his cell.

Not exactly freedom of religion the way we think of it today.

Curiously, as John Meachem points out in American Gospel, “Baptists were the most ferocious defenders of religious liberty until they were no longer the minority.”

Craig and his big brother Lewis, led several congregations from Spotsylvania Virginia, through the Cumberland Gap, in winter, along with Lewis's slave Old Captain, who became the first African American to preach on Kentucky soil (Lexington).

The activity in Virginia greatly upset Madison, Jefferson, Henry and the other founders who fought against the repression of minority expression. Remember, many of the founder's actions were specific rejections of things they didn't like about Europe. These included being told what to think.

I also like the story about Noah Webster's Americanization of certain English words (i.e., "color" for "colour") for no other reason than to be different, and not beholden to England.

Perhaps the most explicit demonstration of how the founders saw America is found in the explicit language of the Barbary Treaties, written by Washington, and ratified unanimously by both houses of Congress during the Adams administration.

"ARTICLE 11: 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 Musselmen [Muslims],and as the said States never have entered into any war or act of hostility against any Mehomitan [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."

I find the early Baptists' struggle for religious freedom for all to be admirable - even patriotic, in the same sense that our founders were patriotic. I am proud that Kentuckians have largely come from such stock.

The British colonies may have been founded for Christianity, but America was not.