{"id":10566,"date":"2017-11-29T05:14:35","date_gmt":"2017-11-29T05:14:35","guid":{"rendered":"http:\/\/www.lifeandnews.com\/articles\/?p=10566"},"modified":"2017-11-30T05:30:22","modified_gmt":"2017-11-30T05:30:22","slug":"the-messy-reality-of-religious-liberty-in-america","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/the-messy-reality-of-religious-liberty-in-america\/","title":{"rendered":"The messy reality of religious liberty in America"},"content":{"rendered":"

David Mislin<\/a>, Temple University<\/a><\/em><\/span><\/p>\n

On Dec. 5, 2017<\/a>, the U.S. Supreme Court will again tackle the contentious issue of religious freedom, when it hears oral arguments in \u201cMasterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.\u201d<\/a> <\/p>\n

The case involves a Denver bakery owner who refused to make a wedding cake<\/a> for a gay couple, citing his religious belief that marriage can be between only a man and woman. The couple sued, and a lower court ruled the baker violated Colorado\u2019s public accommodations law. The statute forbids discrimination by businesses serving the public, including on the basis of sexual orientation.<\/p>\n

In their appeal to the Supreme Court, the bakery\u2019s lawyers have emphasized free speech issues by presenting the baker as an artist<\/a> who has a right to choose how he expresses himself. But religious freedom remains central<\/a> to the case. A key question is whether a business owner must provide services that conflict with his or her religious beliefs.<\/p>\n

This case highlights the vast difference between the reality and the rhetoric of religious freedom, which is often considered to be the ideal that promotes harmony and equality. But, history suggests that it does, in fact, lead to more conflict.<\/p>\n

The rhetoric: Equality and goodwill<\/h2>\n

It is true that throughout U.S. history, Americans have idealized religious freedom and imagined that it brings harmony.<\/p>\n

\n \"\"
\n Text of the First Amendment.<\/span>
\n Jack Mayer<\/a>, CC BY-NC-SA<\/a><\/span>
\n <\/figcaption><\/figure>\n

The First Amendment\u2019s clauses guaranteeing religious free exercise and preventing establishment of an official church seemed to promise less discord to the Founding Fathers. In an 1802 letter, Thomas Jefferson, for example, wrote<\/a> that \u201creligion is a matter which lies solely between Man & his God.\u201d As the nation\u2019s third president, he argued that a \u201cwall of separation between Church & State\u201d would give all people equally the right to free conscience. <\/p>\n

Later presidents echoed the view that religious freedom brings equality and unity by preventing government from favoring particular faiths.<\/p>\n

Before his election in 1960, John F. Kennedy tried to ease fears about his Catholicism by affirming religious liberty<\/a>. Kennedy believed this freedom kept one group from oppressing another. It formed the basis of a society, he declared, where people would \u201crefrain from those attitudes of disdain and division which have so often marred their works in the past, and promote instead the American ideal of brotherhood.\u201d <\/p>\n

In the early 1990s, George H.W. Bush identified<\/a> religious liberty as the basis for other rights. He credited it as a major reason for the vibrancy of American society. <\/p>\n

The reality: Conflict and debate<\/h2>\n

But, the promised harmony has proved elusive. Scholars such as Steven K. Green<\/a> and Tisa Wenger<\/a> have documented arguments about religious freedom throughout<\/a> U.S. history<\/a>.<\/p>\n

Minority communities, ranging from Catholics<\/a> to Mormons<\/a>, have fought to have their traditions and customs recognized as religious. As I show in my work<\/a> on pluralism, Americans have debated what constitutes a religious expression rather than a cultural practice. People have also argued<\/a> whether religious expression can extend into political, social and business interactions.<\/p>\n

These debates have required the intervention of the courts and have often ended at the Supreme Court. Thus, a right intended to free Americans from government has instead necessitated frequent involvement of a major government institution.<\/p>\n

Further complicating matters, the Supreme Court has changed its position over time. Its evolving interpretations show how religious freedom debates create shifting categories of winners and losers.<\/p>\n

To the courts<\/h2>\n

Like Masterpiece Cakeshop, one of the Supreme Court\u2019s first religious liberty cases involved marriage. In 1878, a Mormon resident of the Utah territory sued the federal government after he was charged with bigamy. He argued that the law violated his religious liberty by criminalizing his polygamous marriage. The Supreme Court disagreed. In Reynolds v. United States, the court ruled<\/a> that the First Amendment guaranteed only freedom of belief, not freedom of practice.<\/p>\n

In the 20th century, the Supreme Court showed greater sympathy to religious liberty claims. In several cases \u2013 including one brought by Jehovah\u2019s Witnesses challenging a statute<\/a> requiring a permit for public evangelizing, and another by an Amish community that objected to Wisconsin\u2019s compulsory public school law<\/a> \u2013 justices sided with those who claimed their freedom was violated. <\/p>\n

That changed in 1990. The court ruled against two men<\/a> who lost their jobs after using Peyote, the cactus, which has hallucinogenic properties, and has long been used in Native American religious practices. Because they were fired for drug use, the men were denied unemployment benefits. They claimed that as members of a Native American church, they used the drug for religious purposes. <\/p>\n

\n \"\"
\n United States Supreme Court.<\/span>
\n Josh<\/a>, CC BY-NC-ND<\/a><\/span>
\n <\/figcaption><\/figure>\n

Moving away from earlier decisions, justices ruled<\/a> that religious belief was not a ground for refusing to obey laws \u201cprohibiting conduct that the State is free to regulate.\u201d <\/p>\n

New century, new conflicts<\/h2>\n

The peyote case set the stage for Masterpiece Cakeshop. It was in response to the case that Congress passed the Religious Freedom Restoration Act (RFRA) of 1993. It required that laws restricting religious expression<\/a> must show that they serve a compelling need. <\/p>\n

RFRA was central in the Supreme Court\u2019s 2014 decision in Burwell v. Hobby Lobby. That contentious split ruling allowed small, closely held companies the right to deny contraceptive benefits<\/a> mandated by the Affordable Care Act on the grounds of protecting their owners\u2019 religious liberty.<\/p>\n

Similarly, in October 2017, the Trump administration invoked freedom of religion<\/a> when it allowed all employers a religious exemption to the contraception coverage requirement in the Affordable Care Act. <\/p>\n

Critics saw that policy change as an attack<\/a> on women\u2019s rights. Reaction to it on both sides again showed that government involvement in debates about religious freedom invariably produces winners and losers. <\/p>\n

\"TheIn our polarized society, the verdict in Masterpiece Cakeshop, whatever it is, will almost certainly continue this pattern.<\/p>\n

David Mislin<\/a>, Assistant Professor, Intellectual Heritage Program, Temple University<\/a><\/em><\/span><\/p>\n

This article was originally published on The Conversation<\/a>. Read the original article<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

David Mislin, Temple University On Dec. 5, 2017, the U.S. Supreme Court will again tackle the contentious issue of religious freedom, when it hears oral arguments in \u201cMasterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.\u201d The case involves a Denver bakery owner who refused to make a wedding cake for a gay couple, citing his […]<\/p>\n","protected":false},"author":44,"featured_media":10567,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[2450],"tags":[2254,3618,1942,708,3617],"_links":{"self":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/10566"}],"collection":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/comments?post=10566"}],"version-history":[{"count":1,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/10566\/revisions"}],"predecessor-version":[{"id":10568,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/10566\/revisions\/10568"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media\/10567"}],"wp:attachment":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media?parent=10566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/categories?post=10566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/tags?post=10566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}