The first of our freedoms guaranteed in the Constitution, the words “Freedom of Religion” do not actually appear in the first amendment. What we call “Freedom of Religion” actually consist of two phrases, called clauses; the “establishment clause” and the “free exercise clause”.
Establishment Clause
Congress shall make no law respecting an establishment of religion
While it seems fairly simple, to truly understand the establishment clause we have to understand what the words “establish” and “religion” actually mean.
establish to found, institute, build, or bring into being on a firm or stable basis: to establish a university; to establish a medical practice.
— Dictionary.com
So to establish something means to found or bring into being. For Congress, (or any part of government) to establish a religion it must, by definition institute or make a firm and stable institution. In other words, for Congress to establish a religion it would have to found or make compulsory a religion.
- a set of beliefs concerning the cause, nature, and purpose of the universe, especially when considered as the creation of a superhuman agency or agencies, usually involving devotional and ritual observances, and often containing a moral code governing the conduct of human affairs.
- a specific fundamental set of beliefs and practices generally agreed upon by a number of persons or sects: the Christian religion; the Buddhist religion.
— Dictionary.com
So religion is a set of beliefs, concerning the nature of the universe or agreed upon by a number of persons or sects.
Now, lets look at the current jurisprudence (a fancy word for what the courts are saying). Have you seen news reports where nativity scenes, crosses or ten commandments display are considered unconstitutional because seeing them would lead someone to believe the government was establishing a religion? Or how about someone suing to have a cross or other symbol removed because it offended them? In neither case has the government caused a belief system to be created or to be given a firm or stable foundation, rather public land has been used by members of the public to express their beliefs and celebrations. Governments establish colleges by giving them money, not by allowing them to display their flags and signs on public property. Simply allowing a person or organization to display their symbols on public property, (by definition owned by the entire public) does not establish a religion. On the contrary, by only allowing certain beliefs, (like humanism, atheism or scientism) the government IS establishing a religion, just one not based on deism.
Free Exercise Clause
or prohibiting the free exercise thereof
Government is not allowed to establish a religion, but it’s also not allowed to prevent you from FREELY exercising your religion. That’s right, if you want to display a menorah, or the ten commandments or any religious symbols that is your right. Anywhere you are legally allowed to display any symbol you can display religious symbols. By the way, that includes t-shirts in public schools, crosses along side highways and even bibles in the workplace. Other people may be offended, but that’s part of living in a free country, you have to accept the free exercise of other people’s rights.
Freedom of Worship vs Religion
Some may say that freedom of religion means we are free to worship in any religion we want, but that is not what the Constitution says. Yes, we have the right to worship where we please, but the exercise of our religion is more than just showing up for a worship service. Our religion, our fundamental beliefs, help form our conscience. That is why this freedom is sometimes referred to as “freedom of conscience”. If the government can force you to restrict or violate your conscience they have violated the free exercise clause. That’s right folks, when the government says you have to participate in something that is against your religious beliefs, (like participating in abortions, wedding ceremonies that violate the tenants of your faith or just not speaking about your faith where you can speak about anything else, they are violating your free exercise rights and in some cases violating the establishment clause as well.
And notice I said when the government does these things. Part of living in a free society means allowing others to live by their beliefs as well. That means private establishments are free to ask you not to involve them in your exercise of religion. Please recognize their rights as well and find another place to exercise your religion… preferably a public place.
Separation of Church and State
This post has gone long, so I will continue this in another post shortly.