The Myth of American Religious Freedom

The Myth of American Religious Freedom

Author: David Sehat

Publisher: Oxford University Press

Published: 2011-01-14

Total Pages: 368

ISBN-13: 0199793115

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In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.


The Rise and Decline of American Religious Freedom

The Rise and Decline of American Religious Freedom

Author: Steven D. Smith

Publisher: Harvard University Press

Published: 2014-02-18

Total Pages: 236

ISBN-13: 0674730135

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Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.


Religious Liberty in Crisis

Religious Liberty in Crisis

Author: Ken Starr

Publisher: Encounter Books

Published: 2021-04-13

Total Pages: 192

ISBN-13: 164177181X

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What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country’s rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we’ll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty.


Exporting Freedom

Exporting Freedom

Author: Anna Su

Publisher: Harvard University Press

Published: 2016-01-04

Total Pages: 0

ISBN-13: 9780674286023

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Religious freedom is widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power. Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations—in the Philippines after the Spanish-American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions. In examining the evolution of religious freedom from an expression of the civilizing impulse to the democratization of states and, finally, through the promotion of human rights, Su offers a new understanding of the significance of religion in international relations.


Our Dear-Bought Liberty

Our Dear-Bought Liberty

Author: Michael D. Breidenbach

Publisher: Harvard University Press

Published: 2021-05-25

Total Pages: 369

ISBN-13: 067424723X

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How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.


Liberty in the Things of God

Liberty in the Things of God

Author: Robert Louis Wilken

Publisher: Yale University Press

Published: 2019-04-09

Total Pages: 247

ISBN-13: 0300226632

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From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history of the struggle for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how "the meditations of the past were fitted to affairs of a later day."


When Islam Is Not a Religion

When Islam Is Not a Religion

Author: Asma T Uddin

Publisher: Simon and Schuster

Published: 2019-07-09

Total Pages: 291

ISBN-13: 1643131745

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American Muslim religious liberty lawyer Asma Uddin has long considered her work defending people of all faiths to be a calling more than a job. Yet even as she seeks equal protection for Evangelicals, Sikhs, Muslims, Native Americans, Jews, and Catholics alike, she has seen an ominous increase in attempts to criminalize Islam and exclude Muslim Americans from those protections.Somehow, the view that Muslims aren’t human enough for human rights or constitutional protections is moving from the fringe to the mainstream—along with the claim “Islam is not a religion.” This conceit is not just a threat to the First Amendment rights of American Muslims. It is a threat to the freedom of all Americans.Her new book reveals a significant but overlooked danger to our religious liberty. Woven throughout this national saga is Uddin’s own story and the stories of American Muslims and other people of faith who have faced tremendous indignities as they attempt to live and worship freely.Combining her experience of Islam as a religious truth and her legal and philosophical appreciation that all individuals have a right to religious liberty, Uddin examines the shifting tides of American culture and outlines a way forward for individuals and communities navigating today’s culture wars.


The Religion Clauses

The Religion Clauses

Author: Erwin Chemerinsky

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 241

ISBN-13: 0190699736

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"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--


The Naked Public Square

The Naked Public Square

Author: Richard John Neuhaus

Publisher: Wm. B. Eerdmans Publishing

Published: 1986

Total Pages: 300

ISBN-13: 9780802800800

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Underlying the many crises in American life, writes Richard John Neuhaus, is a crisis of faith. It is not enough that more people should believe or that those who believe should believe more strongly. Rather, the faith of persons and communities must be more compellingly related to the public arena. "The naked public square"--which results from the exclusion of popular values from the public forum--will almost certainly result in the death of democracy. The great challenge, says Neuhaus, is the reconstruction of a public philosophy that can undergird American life and America's ambiguous place in the world. To be truly democratic and to endure, such a public philosophy must be grounded in values that are based on Judeo-Christian religion. The remedy begins with recognizing that democratic theory and practice, which have in the past often been indifferent or hostile to religion, must now be legitimated in terms compatible with biblical faith. Neuhaus explores the strengths and weaknesses of various sectors of American religion in pursuing this task of critical legitimation. Arguing that America is now engaged in an historic moment of testing, he draws upon Protestant, Catholic, and Jewish thinkers who have in other moments of testing seen that the stakes are very high--for America, for the promise of democratic freedom elsewhere, and possibly for God's purpose in the world. An honest analysis of the situation, says Neuhaus, shatters false polarizations between left and right, liberal and conservative. In a democratic culture, the believer's respect for nonbelievers is not a compromise but a requirement of the believer's faith. Similarly, the democratic rights of those outside the communities of religious faith can be assured only by the inclusion of religiously-grounded values in the common life. The Naked Public Square does not offer yet another partisan program for political of social change. Rather, it offers a deeply disturbing, but finally hopeful, examination of Abraham Lincoln's century-old question--whether this nation or any nation so conceived and so dedicated can long endure.