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The Myths of American Religious Freedom

Posted: 01/15/11 07:54 PM ET

Today (Jan. 16) is the National Day of Religious Freedom, a day in which we are supposed both to recognize our nation's heritage of religious liberty and to promote that liberty to the world. But as Walter Lippmann once said, "Nations make their histories to fit their illusions," and the American celebration of our religious freedom is no exception. Our self-conception is in fact based on a three-fold myth of American religious freedom that distorts the current debate about religion in public life.

The first myth is that of church-state separation, which claims that the First Amendment separated church and state for the protection of each from the other and the mutual prosperity of both. Liberal writers love to point to Thomas Jefferson, who first coined the "wall of separation" metaphor that made its way into mid-20th-century church-state jurisprudence, and to James Madison, Jefferson's protégé and the architect of the U.S. Constitution and its Bill of Rights. And liberals are correct when they suggest that Madison and Jefferson supported an absolute separation of church and state. But the First Amendment did not create the separation for which Madison and Jefferson hoped. Its religion clauses (like the rest of the Bill of Rights) did not apply to the states until 1940. Since almost all church-state issues emerged on the state level, the First Amendment did not apply. And, contrary to the myth of separation, states were free to do any number of things that surprise us today. They could pay churches out of the public treasury, as some did until well into the antebellum period. They could prosecute for blasphemy against the Christian God. They could establish laws that favored churches as the originators of charitable institutions. They could prosecute violations of the Christian Sabbath. They could require public Bible-reading and prayer in the name of Jesus Christ in public schools. They could do all of this and more -- and they did -- without violating the First Amendment.

Those who acknowledge this past religious coercion are sometimes tempted to wave it away as irrelevant to the current debate. They claim that such religious power has faded with the loss of personal faith in religion that is a mark of modernity. But this is the second myth of religious freedom: the myth of religious decline. Historical sociologists tell us that between 10 and 20 percent of the U.S. populace were church members in 1776. But starting in the early 19th century during the Second Great Awakening, church membership expanded rapidly, doubling to 35 percent of the population by 1850. Church members became a simple majority in 1906, and 62 percent of the American populace belonged to religious institutions in 2000, though not exclusively Christian churches. Evangelical Christians led the way in this organizational expansion. Because evangelicals have long felt that their religion requires them to spread God's word in an attempt to bring their theological understanding to bear on public life, religion has become more important in the public life of the United States over the last 200 years, not less.

Taken together and in a certain light, the first two myths might seem to aid conservatives, but they actually entail a third myth that undermines positions all around: the myth of exceptional liberty. This is the myth most clearly celebrated in the National Day of Religious Freedom. The general idea is that the United States was on the vanguard of religious freedom so that it has become a beacon of freedom to the world. Yet foreign observers of the United States and dissenters within it constantly criticized the notion that America had perfected religious freedom. As Alexis de Tocqueville noted in 1835, a "moral empire" in the United States exerted a powerful force against individuals by using the mechanism of the state. This moral empire, which was led by religious partisans, would grow with the evangelical expansion that Tocqueville observed first hand. As it did so, Tocqueville suggested a troubling dynamic. Unlike in Europe where religious groups sponsored political parties, religious power in the United States did not require formal religious partisanship. Religious partisans worked instead indirectly. They sought first to direct morals, Tocqueville noted, which eventually worked "to regulate the state" even without a formal political apparatus. That actually made religion more powerful in public life -- and more coercive as a result -- while disguising the preferential standing that religious partisans maintained in law and government.

These three myths are long-standing and both liberals and conservatives draw upon them to advance their political aims. But because they are so detached from an accurate history they have yielded a remarkably unproductive discussion about religion in contemporary American life. Rather than advancing the same tired myths, which result in gridlock and falsity in public debate, it is time that we stopped celebrating ourselves and started looking seriously at our past. Overcoming our myths and our illusions about the religious coercion in our national history is a first step toward having an honest debate about the public role that religion should have in the present.

 
 
 
 
 
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HUFFPOST SUPER USER
RyanCSmith
Locke for people, Hobbes for corporations
09:22 PM on 01/19/2011
You glossed over the part of the Constitution that explicitly forbids tests of religion being administered as a requirement of holding office. That part was roundly denounced by churchmen across the country during the ratification debate because they saw it, quite rightly, as declaring the state secular.

Regardless of your interpretation of the First Amendment Section 3 of Article VI of the Constitution is pretty black and white.
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HUFFPOST SUPER USER
FYLTHPIG
Spread Love
01:50 AM on 01/21/2011
Exactly, and they always overlook Section 3 Article 5.
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deepintheheartoftejas
Middle o/t Road = Yellow stripes & dead armadillos
06:53 PM on 01/21/2011
"Regardless of your interpreta­tion of the First Amendment Section 3 of Article VI of the Constituti­on is pretty black and white."

Depends: does it apply to atheists? Many states had laws had similar no-religious-test clauses in their constitution, with a modifier to specifically exclude atheists. For instance, Pennsylvania's constitution: "No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust under this Commonwealth."

Of course, because of Supreme Court rulings of the past 70 years, these qualifiers are considered incompatible with the 1st amendment and cannot be enforced. But for most of the nation's history, exclusion of atheists and other non-standard believers from juries (including federal!) and public office was sanctioned on the theory that by not acknowledging judgment of actions in life, they had no moral code.

Also, that clause was never denounced historically by most churchmen. It was inserted as a direct reaction to England's Nonconformist Acts, which barred dissenters (at the time, primarily quakers, baptists, methodists, congregationalists, puritans and calvinists) from holding office or trust in the UK. Though parliament had relaxed the law after American declared independence, memory of it was still fresh in the minds of the framers. It was a reaction against the state Anglican church, not against religion in general.
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HUFFPOST SUPER USER
LawrenceRoth
Real Liberal. Real American.
05:00 PM on 01/19/2011
Sorry. I don't buy it. Granted I don't have history teacher credentials but the information and history I've read is clear, the founding fathers wanted church and state separate.
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Gay Pagan Man, Living Happily With Husband
03:21 PM on 01/19/2011
The sad thing is that so many Christians think that others not of their faith should not enjoy the same guarantees of freedom of religion that exists in the Constitution. If you are non-Christian many think that your religion isn't "real" (whatever that means) or that this is a "Christian nation" and so non-Christians shouldn't have religious rights. Very sad all around.
12:17 PM on 01/19/2011
"Those who acknowledge this past religious coercion are sometimes tempted to wave it away as irrelevant to the current debate. They claim that such religious power has faded with the loss of personal faith in religion that is a mark of modernity."

What they should be claiming is that such coercion is antithetical to the grand proposition of this nation, which is individual liberty for all, and that it is about time that such longstanding injustices be addressed and corrected.
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mxytsplyk
De gustibus non est disputandum
12:50 AM on 01/19/2011
The Masons did what they could. But it seems that those who were fleeing the power of one church, were simply doing so to be free to impose the religious doctrine of their own church on others.

Iʻve never understood the principal that torture was only wrong when done by the ʻwrongʻ people for the ʻwrongʻ reasons.
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Ioan Lightoller
Proud Gay Pagan Man, Living Happily With Husband
03:22 PM on 01/19/2011
Fanned and faved. Torture and oppression are wrong, no matter who is doing the torturing and oppression. You are right, too many of the original colonies were religious havens and their ideological descendents think that it is perfectly acceptable to try to limit the rights of others.
11:24 PM on 01/18/2011
And kids, that was just the Old Testament. In the new testament God still threatens and still does bad things to people who upset him but now God turns more to bribery with promises of a better After life if we only worship him properly. You gotta GIVE baby, you gotta GIVE. In the new testament he throws out the original 10 commandments, a laughable group of redundant directives, and just creates two - Love Him with all your heart and love your neighbor. Well, if you do those TWO you cant be doing the other 10 commandments now can you? Rather thrifty of him, I thought. Far easier for the Sheep to grasp that concept then remember 10 specific directives like "Dont play rugby on the Sabbath" But the reality of the bible is that rather than just let Humans go about life relying solely on their actual Free Will this book of fairy tells is a confusing bunch of horror stories and promises that try to coerce you to make up your mind instead of leaving you in peace to do it yourself.

I prefer Joe Abercrombie and Bernard Cornwell. I think they have done more to truly represent the contributions of Religion to society than the bible ever did and while they do tell tales of nastiness, they do NOT direct Fear or directives at their readers thus leaving my Free Will intact.
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HUFFPOST SUPER USER
rich3324
Likes: Chasing villagers. Dislikes: Fire
02:59 PM on 01/18/2011
I just want freedom from religion.
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califson
Love my country, ashamed of my government
08:51 PM on 01/18/2011
You have it my friend, is that not a wonderful thing?
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HUFFPOST SUPER USER
WSAY
Res ipsa loquitur
12:27 AM on 01/19/2011
You are dreaming. Religion is constantly forced on us by the government. Look at money. Look at the Pledge o Allegiance. Look at schools. You name it. Further, nearly all politicians enter office having lied to the constituents about their religious beliefs. What a way to start.
01:54 PM on 01/18/2011
The bottom line is this: There is no such thing as god.
However, as an American, it is your right to believe in whatever you want to.
There is nothing wrong fantasy imagination time, confusing it with reality is where the line between crazy and dangerous is drawn.
nobody has the right to enforce populism. That is the beauty of the 1st ammendment.
01:22 PM on 01/18/2011
History and originator's intent is moot. It should have no bearing on our decisions on the role, or lack of a role, of religion in modern government. Originalism is a legal theory based upon a logical fallacy; it's an argument from authority where both the argument and the authority are debatable.

The creator's of basketball didn't have a 3-point line or a shot clock, but we recognize that these additions make a better game. Why should law be any different?
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Gay Pagan Man, Living Happily With Husband
03:25 PM on 01/19/2011
Not if your religion impinges on my beliefs.
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NYC123
12:45 PM on 01/18/2011
You make a great and eye opening compelling observation, but I disagree with your conclusions. Lol. I for one will not judge the weight in faith of a believer; I say that because our Christ, and his God (and our God) and Father (and our Father) reads hearts – where man (kind) cannot, fully/100 percent, enter and are therefore are clueless.



Think of the criminal (Luke 23: 42/43) that was being impaled with Jesus, his last words: “Jesus, remember me when you get into your kingdom.” 43 And he (Jesus) said to him: “Truly I tell you today, You will be with me in Paradise.” End of reading!



My point, the above passage shows how loving, patient, and understanding of man’s struggle, under the weight of this current system of things God is! God plans to do away with this system and march in a new earth under his eternal rule, perfection a bound, and death, man’s final enemy, will be no more – the former things have past away! Yahweh Almighty God wants everyone thirsting for truth to drink from his fountain where man will not thirst again!
01:11 PM on 01/18/2011
NYC123 Sorry, by mistake I marked your "trying to spread the good message" as favorite.

It is exactly people like you that constantly need to wear their religion on their sleeves at all times, constantly preaching that theirs is the "only way", and are annoying everyone of other faiths and those with none at all.

Please read the article again, Maybe then you will possibly understand what was indeed the intent of the founding fathers.
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HUFFPOST SUPER USER
NYC123
01:26 PM on 01/18/2011
I am addresing your point about "Christians outward appeareance of lack of faith" -- I am on message! Lol.
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HUFFPOST SUPER USER
NYC123
02:22 PM on 01/18/2011
Sorry, I am replying to your contention Christians appear more like atheist. I am on message! Lol.
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squat6971
59 *was* divine -- 60? 61? not so much
01:41 PM on 01/18/2011
Keep it to yourself. All your exclamation points totally put me off!!!!!!!!
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HUFFPOST SUPER USER
NYC123
03:02 PM on 01/18/2011
Hay, hay, hay -- keep it down out there! :))
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HUFFPOST SUPER USER
NYC123
12:44 PM on 01/18/2011
You make a great and eye opening compelling observation, but I disagree with your conclusions. Lol. I for one will not judge the weight in faith of a believer; I say that because our Christ, and his God (and our God) and Father (and our Father) reads hearts – where man (kind) cannot, fully/100 percent, enter and are therefore are clueless.



Think of the criminal (Luke 23: 42/43) that was being impaled with Jesus, his last words: “Jesus, remember me when you get into your kingdom.” 43 And he (Jesus) said to him: “Truly I tell you today, You will be with me in Paradise.” End of reading!



My point, the above passage how loving, patient, and understanding of man’s struggle, under the weight of this current system of things God is! God plans to do away with this system and march in a new earth under his eternal rule, perfection a bound, and death, man’s final enemy, will be no more – the former things have past away! Yahweh Almighty God wants everyone thirsting for truth to drink from his fountain where man will not thirst again!
08:35 PM on 01/19/2011
Your "god," your "father," keep them to yourself. Is it that hard to understand?
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HUFFPOST SUPER USER
NYC123
12:10 PM on 01/18/2011
Please do not block my commentaries! :)
01:22 PM on 01/18/2011
But they're really creepy...
02:07 PM on 01/18/2011
You seriously call your sermons commentaries? To repeat your favourite expression: lol
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HUFFPOST SUPER USER
Rahm11219
11:12 AM on 01/18/2011
I'll believe the US has true religous freedom when we can elect a president who doesn't believe in god.
01:19 PM on 01/18/2011
F&F Just heard that very same argument from my son the other day. He was, just as I, upset that every man/woman running for public office had to establish his "Christian" bona fides first before even being considered to be a worthy candidate. Sad but true.
05:38 PM on 01/18/2011
More like I'll believe the US has true religious freedom when we can elect a president who doesn't have to SAY he/she believes in God.
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HUFFPOST SUPER USER
Rahm11219
11:06 AM on 01/18/2011
If anyone paid attention to the "mosque" controversy last year, you would know we do not at all have religious freedom in our country. It's that simple.
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thereisonlyoneparty
more amazing than you
01:14 PM on 01/18/2011
Except in that case people argued that a right to make any type of business did exist, but would be improper or discourteous to something about 9.11 or other such rubbish.

The problem with the concept of religious freedom is that people only take it on the level of religion and not on the larger issue of the government as a moral agent.  People who are for a religiousless government can be for a moral government.  That does not work.  A moral government without religion is just as bad as moral government with religion.
03:23 PM on 01/18/2011
Please define what you mean by "moral government." Are you suggesting that there is no morality without religion--therefore a moral government is a religious government?
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HUFFPOST SUPER USER
Rahm11219
05:07 PM on 01/18/2011
"Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof"

I do not know how much more clear that can be. You are more than welcome to make the argument that it's improper or discourteous. That doesn't matter. Not at all.

Also, how was the "mosque" (which wasn't even a mosque) a "business"?
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humansareinsane
To think and to be fully alive are the same.
11:00 AM on 01/18/2011
Most of our founding fathers where men of faith yet, after spending three-and-a-half months debating and negotiating about what should go into the document that would govern the land, they drafted a constitution that is 100% secular. This FACT alone proves beyond a doubt their purposeful intent to keep religion separate from government.

I could go on about early settlers coming to America escaping state sanctioned religious persecution but since you like history so much, perhaps your next article could explain how it relates to our secular constitution.

Ultimately, the debate over the intentions of our founding fathers is irrelevant. Supreme court justice Harry A. Blackmun explains: "A government cannot be premised on the belief that all persons are created equal when it asserts that God prefers some."
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HUFFPOST SUPER USER
Trismegistus22
Crescat virtus per certaminem.
02:09 PM on 01/19/2011
I think it is accurate to state that all of our FF belonged to one organized religion or another. I do not think it is accurate to portray them as men of faith. In fact a significant number were "freethinkers" a term more or less equal to our "agnostic" or at least "deist." The primary forces shaping their thoughts were the philosophers of the day.
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deepintheheartoftejas
Middle o/t Road = Yellow stripes & dead armadillos
07:12 PM on 01/21/2011
It was a mix... the ones who went on to become president were primarily secularists: Washington was religious in his youth but seemed supremely uninterested in religion as an adult; Jefferson and Madison were essentially deists who cared nothing about the supernatural aspects of religion. Adams' views were more complex, but as a Unitarian he rejected many traditional tenets.

Among the signers of the constitution, as I recall, belief ran from the gamut from a couple devoted church ministers, to soundly religious men like Roger Sherman (a major figure! now often forgotten), to open deists like Madison and Franklin. One thing is certain, though: from all the materials we have on the debates on the constitution, religion played almost no role. At one point, in what must have been a very low time when they weren't making any headway, the great deist Ben Franklin did recommend bringing in a minister to open each session with a prayer (it must have been really bad, for him to resort to that to try to bring everyone together!), but no action was taken. Madison's notes on the writing of the constitution detail that, and it's wonderful to read.

One thing is pretty clear: whether religious or not, religion was confined to the church or home, and when it came to founding a workable government, almost no one, even the devout ones, thought to invoke religious arguments or reasons for their new government.