Issue 9.15
Ask anyone about which is the first right guaranteed by the US Constitution’s Bill of Rights (Amendments 1-10). Most do not realize that it is the free exercise of religion. The actual wording is “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
There are two basic promises here. The first is that the state (US Government) will not create a national religion that it expects or coerces people to be a part of (which was the situation with many countries and even a few states at the time the Constitution was written). All citizens would be free to participate in whatever religion they chose without government interference. This now is understood to mean that adherents of a religion may participate in activities, ceremonies and sacraments or sacrifices as required by their religion in order to be in good “standing”.
What happens when the requirements and practices of a religion come into conflict with the government? A good example occurred when the 18th Amendment was passed, prohibiting the production, sale, transportation or consumption of alcohol. The Catholic Church and a few others required the consumption of alcoholic beverages as part of their communion. This dilemma was resolved when the courts determined that the tenets of a religion were not to be abridged unless there was a “compelling interest”. In other words, the government was to leave the churches alone, even if they were using items or doing things otherwise not allowed by law, unless it could be shown conclusively that the government or the citizens not in that church would be damaged or put in serious danger as a result of that allowance.
A few examples on the other side of this debate would include the participants in Jim Jones’ Peoples Temple movement and the current issues with Warren Jeffs and his polygamous splinter group. With Jeffs, not much was done to curtail the members technically illegal polygamy until the compelling interest arose from evidence that underage girls were being forcibly “married” to much older church leaders and allegations of other sexual improprieties against minors were made by church members. Even with that, most members are still allowed to continue the practice of polygamy if they are not harming others in the process. With Jim Jones, had the authorities known of his plan to lead his followers in a mass suicide, they would have intervened despite the freedom of religion.
It is a balancing act, weighing the rights of conscience against the good of the state and the population thereof. If a religion required human sacrifice, it is pretty evident there would be a compelling interest in restricting that religion. But if someone wants to believe that there is no God (Atheists) and do not persecute those who do believe, they have that right.
There are those who would like to deprive others of this freedom based on their perception that people who do not believe as they do are going to hell. There are those who would like to outlaw Fundamentalist Islam, Atheists, Taoists, New-Agers, the Temple Arts (sexual healing), and Native American Churches (use of sacraments and healing ceremonies that include peyote, cannabis and other controlled substances). These are all protected and should be as long as they do not damage others or seek the destruction of our freedoms through coercing us to be part of or participate in their beliefs. After all, it wasn’t too long ago that many in our nation tried to outlaw the Church of Jesus Christ of Latter-day Saints and even “exterminate” the members thereof. The Constitution wisely restricts the government from such actions.
Lynn West is a thinker, a teacher and a patriot. You can reach him through email at forgingthefuture2021@gmail.com or through this newspaper. Liberty is a state of being which must be continually created. These articles can help all of us discover the ways we can contribute to that outcome.