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03 010-013 Founders 7/17/04 9:46 AM Page 10

Freedom of Religion

A sound understanding of the requires Church), largely through harsh persecution of an appreciation of the historical commitment of the . In 1642, however, England was engulfed American people to certain fundamental . by religious civil war, from which the High on the list of these liberties is of emerged victorious. The Puritan Commonwealth religion. The image of brave seventeenth-century established by Oliver Cromwell ruthlessly persecuted English Puritans making the difficult journey across Anglicans and Catholics. But Puritan rule was the Atlantic to American shores in pursuit of the short-lived. An Anglican monarch, Charles II, was freedom to live according to their restored to the throne in 1660. is a powerful part of the This “settlement” of the religious American myth. Less remembered, crisis, however, was threatened however, is the fact that the by the accession of a Catholic, commonwealth established by James II, to the throne in 1685. the Puritans was as intolerant as Anxious Protestants conspired Anglican England, from which and invited a foreigner, William they had fled. Indeed, the road to of Orange, to assume the achieving full religious in kingship of England. William the United States was long and invaded England, drove James arduous. By the time of the into , assumed the throne, writing of the United States and reestablished the Church of in 1787, Americans England as the . were committed to the principle In this contentious atmosphere of (or, to use some English political thinkers, the term of the time,“”) such as , began to and the idea of separation of advocate a policy of religious church and state, but only to a limited degree. It toleration. Locke’s ideas reflected a key assumption would be another five decades before all states of Enlightenment thought—that religious , granted broad religious liberty to their citizens and like political theory, is a matter of opinion, not provided for the complete separation of church absolute truth. “The business of laws,” Locke wrote and state. in his Letter on Toleration (1689), “is not to provide Modern ideas about freedom of religion were for the truth of opinions, but for the safety and developed in the wake of the Protestant security of the commonwealth and of every of the sixteenth century, which shattered the unity particular man’s goods and person.”Public security of Christendom and plunged Europe into political was in no way dependent on a uniformity of and religious conflict. Though some European states religious belief among the citizenry.“If a Jew do not remained religiously homogeneous, either retaining believe the to be the Word of ,” the traditional faith of Roman Catholicism or Locke stated, “he does not thereby alter anything in adopting some brand of , religious men’s civil .” Rather, intolerance led to division within many countries led to discord and “discord and war,”and Locke warned that “no peace bloodshed. In England, the church established in and security” could be “preserved amongst men so the mid-sixteenth century by King Henry VIII (who long as this opinion prevails . . . that religion is to be reigned from 1509 to 1547) faced stiff resistance, propagated by force of arms.” Religious belief, in first from the many Catholics who refused to Locke’s view, was a matter of individual choice, a abandon the faith of their ancestors, and then from matter for society, not for government. the Puritans who opposed the rule of bishops and Locke’s views on religious liberty had a profound wanted to purify the church so that it included influence on American thinking in the next century. only the elect. Other writings, however, particularly the Bible, had

Henry VIII’s successors, (1558–1603) at least as great an impact on American political © The Bill of Rights Institute and James I (1603–1625), successfully quelled theory. Indeed, the American experiment in religious opposition to the (the Anglican toleration began years before the publication of

Founders and the Constitution: In Their Own Words—Volume 1 03 010-013 Founders Religion 7/17/04 9:46 AM Page 11

Locke’s treatise, though the early history of Puritan firmly rooted in America by the eighteenth century. Massachusetts Bay was hardly indicative of the course Americans learned from the example of that toleration would take in America. Established seventeenth-century England that religious by John Winthrop in 1630, Massachusetts was a persecution was ultimately detrimental to the repressive place where church and state were one political, social, and economic welfare of the and where religious dissent was ruthlessly stamped nation. In America, where the Christian were out. Dissenters had few options: they could be more numerous than in England, the repercussions silent, suffer persecution, or leave the colony. Roger of would be especially adverse Williams, a freethinking preacher, was forced to to the nation’s prospects. Americans’ devotion to choose this last option, leaving Massachusetts in religious freedom, then, was a product of necessity 1636 to establish the colony of . and experience as well as reason. In Rhode Island, Williams instituted toleration The crisis of empire during the 1760s and for all people, and his new 1770s served to strengthen colony quickly became a the American commitment refuge for persecuted groups Locke warned that “no peace and to religious liberty. It was not like and . security”could be “preserved amongst men only the intrusive economic Williams’s case for so long as this opinion prevails . . . measures passed by Parliament toleration was at least as that religion is to be propagated by during these years that radical as Locke’s. Basing his force of arms.” alarmed Americans. Patriot arguments on the Bible, leaders also warned of the Williams insisted that the danger of the Anglican Jews, Muslims, and atheists were also deserving of Church’s interference in American religious affairs. religious liberty. The only “sword” to be used in There was much talk that the British government fighting their opinions was scripture itself. would install a bishop in America who would Intolerance was an offense to God. “An enforced become the instrument of tyranny. This idea that uniformity of religion throughout a nation or civil political and religious liberty went hand in hand state,” Williams wrote in The Bloudy Tenent of was reflected in the New York Constitution of Persecution (1644), “denies the principles of 1776, which explicitly connected “civil tyranny” .” Williams argued that forced belief with “spiritual oppression and intolerance.” was not only a violation of God’s law but also an Nearly all the state written unwise policy. “Enforced uniformity (sooner or during the American independence movement later) is the greatest occasion of civil war, ravishing reflected a commitment to some degree of of conscience, persecution of Christ in his religious liberty. The Massachusetts Constitution servants, and of the hypocrisy and destruction of of 1780 promised that “no subject shall be hurt, millions of .” molested, or restrained, in his person, liberty, or Two years before the founding of Rhode Island, estate, for worshipping God in the manner and Cecil Calvert founded the colony of Maryland and season most agreeable to the dictates of his own proclaimed toleration for all Christians. Calvert conscience.” The Virginia Declaration of Rights of himself was a Catholic, but he knew that the 1776, authored by , proclaimed viability of his colony depended on luring enough “That Religion or the duty which we owe to our Protestant settlers to make it an economic success. Creator and the manner of discharging it, can be A policy of toleration, he hoped, would serve this directed only by reason and conviction, not by purpose. In setting up in the 1680s, force or violence.” Mason’s ideas mirrored Locke’s , a Quaker, followed a similar course, belief that government should not intrude upon making his colony a haven not only for his fellow the concerns of society. coreligionists, but, like Rhode Island, a refuge for But many states limited religious liberty to people of all religious sects. Christians in general, or to Protestants in Pennsylvania and Rhode Island would preserve particular. The North Carolina Constitution of uninterrupted their traditions of religious liberty, 1776 decreed “That no person, who shall deny the but in Maryland, freedom of religion would be being of God or the truth of the Protestant curtailed for Catholics once Protestants came to religion . . . shall be capable of holding any office or

© The Bill of Rights Institute power in the last decade of the seventeenth century. place of trust or profit in the civil department Still, the idea that some degree of religious liberty within this State.” Similarly, the New Jersey was a healthful policy for government became Constitution of the same year declared that “there

Freedom of Religion 3010- 03 1 onesRlgo 7/17/04 Religion Founders 013 eair ayo thestate constitutions written Many of behavior. asacheck onantisocial Christianity value of and allrecognized thepractical Old Testament, the nearlyall believed intheGodof Christians, werethe late century notchurch-going eighteenth elites American in asubstantialnumber of Though toshould give ingeneral. religion somesupport foritwasbelieved thatthegovernment state, church and provided foracomplete of separation But fewstates Jersey would famouslyprotest. New 1777 thattheReverend John Witherspoon of Constitution of intheGeorgia arestriction office, fromso farasto holdingstate prohibit clergymen Several states went church andstate. of separation Most alsoprovided of forsomedegree liberty. religious in theirconstitutions of theprinciple acknowledged to somedegree then, independence, this wastheonlyrealistic course forthem. dominated by In Protestants, acountry and state. church of toleration andtheseparation religious Catholics to become outspoken proponents of causedRoman bigotry This men’s rights.” civil from Stamp-Acts orany otheractsdestructive of leaderSamuel patriot Adams in1768,“than asserted Popery in America,” dreaded from of thegrowth “Much more isto be assault on forces. American Canadainamilitary personally leadtheCatholicsof thatthepopewould worried who Protestants, hysteria religious swept over American of awave England, with crisis the During . the Roman of and tyranny superstition, the ignorance, from liberation of period which Protestants saw asa theReformation, legacy of Protestant mindandwasa inthe ingrained American between Catholicismand absolutismwasdeeply connection The above devotion to country. that Catholicismdemandedloyalty to thepope anditwasbelieved Protestant creed inthecountry, Catholicsconstituted thelargestnon- in itsmidst. concernedparticularly abouttheCatholicminority religion.”Christian professing the to liberty religious “all persons, Constitution wasmore initsguarantee of liberal Maryland’s Revolutionary a Roman Catholic, Carrollton, CharlesCarroll of of largely to theefforts Thanks promised Protestants rights. alonefullcivil but inpreference to another,” in thisProvince, any onereligious shall benoestablishmentof l hrensae ttetm fAmerican states atthetimeof All thirteen The Protestant in wasindeed America majority Founders andtheConstitution: InTheirOwnWords—VolumeFounders 1 9: 6A ae12 Page AM 46 What Jefferson meantbyisa thisterm separation between churchandstate.” is mnmn rae “awall of Amendmentcreated First that the asserted subject ofgreat debate. ril Io theConstitution explicitly stated that Article VI of Rights. theBill of of in1791aspart was ratified which Constitution andintheFirst Amendment, theUnited States were reflected inboththebody of consensus pointsof These liberty. and religious inregard wished tothey establishment religious thestates to doas of not to interfere theright with thatthegovernment ought andfourth, practice; notto interfereought private religious with thatthegovernment third, testreligious foroffice; thatthegovernment notto require ought a second, notto to giveought any support sect; religious thatthegovernment first, government andreligion: proper relationship between thenational the there wasabroad consensus regarding 1787, of minorchanges. passedwith The bill religious whatsoever.” place orMinistry shall becompelled to any frequent orsupport attempted inlaw to enshrine theidea “that noman “A which Bill forEstablishingReligious Freedom,” Jefferson introduced year, andthefollowing defeated, was bill The differenceall inReligious opinion.” by proscribing to extinguish Religious discord, arm, thesecular by vainattempts of in theoldworld, bloodhave beenspilt Virginians that “torrents of reminding took the leadinopposingthebill, thelegislature, thenamemberof , But includingPatrick Henry. prominent statesmen, Themeasure wasbacked by several instruction. a themostprominent advocates of were two of James Madison andThomasJefferson Virginia, In disestablishmentatthestatereligious level. religion.” theChristian of equal taxforthesupport permitted thelegislature to “lay and ageneral 1776 Constitution of theMaryland Similarly, religionandmorality.” piety, protestant teachers of public taxes andmaintenance“for thesupport of italsopermitted thelegislature to levy by law,” denomination to ever anothershall beestablished any or onesect that “no subordination of theMassachusettsThough Constitution guaranteed government to give Christianity. somesupport required that therefore, independence, of in theera ytetm ftheConstitutional Convention By thetimeof callsforcomplete however, There were, ulcfnigo Christian public fundingof that would provide for legislature considered abill the Virginia In 1785, Mason. and fellow Virginian George influenced by John Locke were clearly liberty religious Theirideasabout and state. church of separation strict

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“no shall ever be required as a By 1800, then, there was a broad consensus qualification to any office or public trust under the among Americans that religious freedom was United States.”The First Amendment declared that essential to political liberty and the well-being of “Congress shall make no law respecting an the nation. During the next two centuries, the establishment of religion, or prohibiting the free definition of freedom of religion would be exercise thereof.” broadened, as states abandoned religious tests and The right of the states to set their own policy in achieved complete disestablishment and as state regard to religion was implicitly acknowledged in and federal courts ruled that various subtle forms Article I of the Constitution, which stipulated that of government encouragement of religion were to be eligible to vote in elections for the United unconstitutional. Shortly after the dawn of the States House of Representatives, “the elector in nineteenth century, in a letter to a Baptist each State shall have the qualifications requisite for congregation in Danbury, Connecticut, Thomas electors of the most numerous branch of the State Jefferson asserted that the First Amendment Legislature.” Several states at the time mandated a created “a wall of separation between church and religious test as a requirement for the franchise, state.” What Jefferson meant by this term is a and the Constitution therefore tacitly approved subject of great debate. But there is no doubt that such tests. In addition, the First Amendment’s his words have become part of the American prohibition against religious establishment applied political creed and a rallying cry for those who seek explicitly to the national Congress alone. Indeed, it to expand the definition of religious liberty, even was not until after the American Civil War, in the to mean that religion should be removed from incorporation cases, that the United States Supreme public life altogether. Court ruled that some of the restrictions placed on Stephen M. Klugewicz, Ph.D. the federal government by the amendments also Bill of Rights Institute applied to the state governments.

Suggestions for Further Reading Berns, Walter. The First Amendment and the Future of American Democracy. New York: Basic Books, 1976. Dreisbach, Daniel. Thomas Jefferson and the Wall of Separation between Church and State. New York: New York University Press, 2003. Levy, Leonard W. The : Religion and the First Amendment. New York: MacMillan, 1989. Novak, Michael. On Two Wings: Humble Faith and Common Sense at the American Founding. San Francisco: Encounter Books, 2003. © The Bill of Rights Institute

Freedom of Religion