Religious Liberty for All
While our Constitution’s protections for religious liberty are a hallmark of American democracy, they were never a foregone conclusion. Our nation’s commitment to religious freedom emerged at a time when that commitment was unique.
Before the Revolutionary War, eight of the thirteen colonies had an established church. People were legally required to follow specific religious customs. In Virginia, citizens were required to pay taxes to support the Anglican church. Other denominations were only permitted to meet and preach with the government’s permission.
Some situations were more extreme. The Quakers were banned from Massachusetts and forced to flee their homes. In 1659, several who returned were executed.
At the time, church and state were often indelibly and deliberately intertwined. In England, the crown was (and remains) the head of both government and church. Those willing to stand between God and king risked a high price. Thomas Becket, for whom my law firm—the Becket Fund for Religious Liberty—is named, was murdered in Canterbury Cathedral on behalf of a king incensed that Becket placed God first and country second.
Our nation’s founders sought a different balance.
Our nation’s founders sought a different balance. For instance, Thomas Jefferson wanted to prevent government from dictating the faith of citizens. He drafted the Virginia Statute for Religious Freedom, which set new foundations for liberty and charted the course for the First Amendment.
America has continued to expand our commitment to protecting religious liberty. A diverse array of religious people, including Catholics, Amish, Sikhs, Muslims, Native Americans, Jews, Protestants and Mormons, have at various points been targeted by the government, public opinion, or both. The First Amendment—along with supplemental statutes like the Religious Freedom Restoration Act (RFRA)—has been critical to allowing citizens to meet their obligations to God and Caesar.
Religious Liberty Today
Today, the legal state of religious liberty in the Unites States is strong. In the last decade, the Supreme Court has heard twenty religious liberty cases. Nineteen cases were wins with fifteen of them by a unanimous or supermajority vote of the Court.
Recent legal victories were no accident. They were the result of courageous people who refused to sacrifice their convictions, and no small amount of strategic lawyering.
The future vitality of these protections needs constant tending.
The future vitality of these protections needs constant tending.
My husband and I bought our home from a couple who loved gardening. With gardening aspirations of my own, I was elated to inherit the beautiful plants they had tended for a decade. Unfortunately, I underestimated the attention these beds needed. They quickly became overrun with invasive, stubborn weeds. I underestimated how much work had been invested, assuming the established garden could flourish with minimal maintenance. I have spent more time trying to reclaim my garden than if I had been diligent from the beginning.
Hope with Responsibility
The First Amendment as we know it would never have existed without those willing to defend the rights of others, even when they disagreed on critical questions of theology. The current state of religious liberty law gives great hope, but even greater responsibility. We must constantly attend to the work of defending religious liberty for people of all faiths.
Speaking as a Christian, I also know that our hope is not of this world but in Christ. In the face of adversity, we have confidence that God is sovereign. In my time as an advocate, four truths have centered my faith within my vocation.
First, every person you engage is made in God’s image, highly valued and loved by Christ. We are called to love as Christ has loved us. We can hold firmly to the truth of scripture and be strategic in our advocacy without demeaning others. This in and of itself is radical in our cultural moment.
Second, there is no threat to the gospel so great that it can prohibit Christ from building his church. Our job, as Becket’s founder Seamus Hasson has said, is to ask God to let us help. It is liberating to remember that God, in his grace, uses us but does not need us.
Third, we are called to engage in the world, stewarding the gifts God has given us. Rather than separate from politics, we are compelled to participate because we believe in growing human flourishing.
Finally, we are told to expect suffering for following Christ. This means our reaction to hostility can be one of courage and compassion, not defensiveness. Because of the grace we have received from Christ, we can respond to a hostile culture without vindictiveness. After all, our first and greatest call is to bring Christ to a broken world in need of grace.
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Amy Vitale is Government Affairs Counsel with the Becket Fund for Religious Liberty. She previously served as Legislative Counsel in Congress. Becket is a nonprofit law firm that defends religious liberty for all faiths and has an undefeated record at the Supreme Court. avitale@becketlaw.org | @AmyKVitale | @BECKETlaw
