Sunday, September 18, 2005

Freedom of Religion or Freedom from Religion?

This topic is at the key of the pledge discussion. Many people believe "separation of Church and State" is a part of the Constitution, where it is not. The concept came from a letter written by Thomas Jefferson to a Baptist Church congregation. The debate then surrounds several key issues. First, did the Founding Fathers want freedom from religion or freedom of religion? If you look at several of the early State Constitutions it appears it was freedom of religion. Unless you want to believe that after creating a Federal Constitution that supported freedom from religion several of the states went against that.

North Carolina's first State Constitution:

XXXII. That no person, who shall deny the being of God or the truth of the Protestant religion, or the divine authority either of the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State.

Maryland:

XXXV. That no other test or qualification ought to be required, on admission to any office of trust or profit, than such oath of support and fidelity to this State, and such oath of office, as shall be directed by this Convention or the Legislature of this State, and a declaration of a belief in the Christian religion.

Delaware:

ART. 22. I, A B. do profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost, one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New Testament to be given by divine inspiration."

New Jersey:

XIX. That there shall be no establishment of any one religious sect in this Province, in preference to another; and that no Protestant inhabitant of this Colony shall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all persons, professing a belief in the faith of any Protestant sect. who shall demean themselves peaceably under the government, as hereby established, shall be capable of being elected into any office of profit or trust, or being a member of either branch of the Legislature, and shall fully and freely enjoy every privilege and immunity, enjoyed by others their fellow subjects.

Pennsylvania:

SECT. 10. And each member, before he takes his seat, shall make and subscribe the following declaration, viz:

I do believe in one God, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration.

South Carolina (Second version):

XXXVIII. That all persons and religious societies who acknowledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worshipped, shall be freely tolerated. The Christian Protestant religion shall be deemed, and is hereby constituted and declared to be, the established religion of this State. That all denominations of Christian Protestants in this State, demeaning themselves peaceably and faithfully, shall enjoy equal religious and civil privileges.

Vermont:

SECTION IX. " I ____ do believe in one God, the Creator and Governor of the Diverse, the rewarder of the good and punisher of the wicked. And I do acknowledge the scriptures of the old and new testament to be given by divine inspiration, and own and profess the protestant religion."

These same constitutions that demanded a certain religion or a basic oath/affirmation requiring belief also contained this phrase or a similar variation of it:

II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.

This to me demonstrates what our Founding Fathers wanted was no Federal Religion such as the Church of England where other forms of religion were forbidden or regulated. This would be freedom of religion, not freedom from religion.

Another important point to remember is our Founding Fathers never anticipated a huge Federal Government nor the party system we have now. The States were originally created to have more freedom and were loosely united under the Federal Constitution, not what we have now with the endless Federal mandates and requirements that states must follow.

How would the early government had dealt with those who did not believe in God? They would have been free to feel that way, they would not have been forced to practice religion against their will. Depending on the State they would not be allowed to hold government office since the majority of them required either a specific belief or an oath/affirmation in God.

The debate then boils down to this basic point, does the addition of the words "Under God" mean that the Federal Government is forcing a specific religion on Americans? The answer to that question by most would be no. To me the constitutional aspect of the pledge argument is what the basis of the 1943 Supreme Court ruled, that no affirmation such as the pledge could be forced to be said by school children. That was before "Under God" was added.





2 comments:

Hooda Thunkit (Dave Zawodny) said...

Lisa,
Everything that you wrote clearly shows that the intent was to allow for freedom of religion, not freedom from religion, nor for the formation of a state sponsored religion ala England.

That is, for thinking individuals with no agenda...

Unknown said...

Thanks HT, that's the intent I feel they had as well

The problem is both sides have an agenda and those of us in the middle? Get stuck dealing with both of them.

:-)

(cue stuck in the middle with you)