In the End Is the Beginning: an Inquiry Into the Meaning of the Religion Clauses Jonathan Van Patten, University of South Dakota School of Law
University of South Dakota School of Law From the SelectedWorks of Jonathan Van Patten 1983 In the End is the Beginning: An Inquiry into the Meaning of the Religion Clauses Jonathan Van Patten, University of South Dakota School of Law Available at: https://works.bepress.com/jonathan_vanpatten/11/ ARTICLES IN THE END IS THE BEGINNING: AN INQUIRY INTO THE MEANING OF THE RELIGION CLAUSES JONATHAN K. VAN PATTEN* I. INTRODUCTION We have in America a tradition of religious liberty. This tradition antedates the Constitution and is exemplified in such documents as the Statute of Virginia for Religious Freedom, enacted in 1785: [N]o man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, re- strained, 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.' Religious liberty, whether expressed as freedom of the individual con- science or freedom of a group to worship or to practice its religious beliefs, has generally been a "preferred" liberty. This liberty has not been without its problems. That is, religious liberty itself has been a source of tension in American society. To use a New Testament image, the demands of Caesar conflict, at times, with the demands of God.2 Governmental regulation of the health, safety, welfare, and morals of its citizens will provoke, from time to time, the claim by some citizens for an exemption from such regulation on account of reli- gious beliefs.
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