Freedom of religion
From The Art and Popular Culture Encyclopedia
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any religion. Freedom of religion is considered by many people and nations to be a fundamental human right. Thomas Jefferson said (1807) "among the inestimable of our blessings, also, is that ...of liberty to worship our Creator in the way we think most agreeable to His will; ..." In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and does not persecute believers in other faiths.
Religious practice may also conflict with secular law, creating debates on religious freedom. For instance, even though polygamy is permitted in Islam, it is prohibited in secular law in many countries. This raises the question of whether prohibiting the practice infringes on the beliefs of certain Muslims. The US and India, both constitutionally secular nations, have taken two different views of this. In India, polygamy is permitted, but only for Muslims, under Muslim Personal Law. In the US, polygamy is prohibited for all. This was a major source of conflict between the early LDS Church and the United States until the Church amended its position on practicing polygamy.
Similar issues have also arisen in the context of the religious use of psychedelic substances by Native American tribes in the United States as well as other Native practices.
In 1955, Chief Justice of California Roger J. Traynor neatly summarized the American position on how freedom of religion cannot imply freedom from law: "Although freedom of conscience and the freedom to believe are absolute, the freedom to act is not." But with respect to the religious use of animals within secular law and those acts, the US Supreme Court decision in the case of the Church of Lukumi Babalu Aye v. City of Hialeah in 1993 upheld the right of Santeria adherents to practice ritual animal sacrifice, with Justice Anthony Kennedy stating in the decision: "religious beliefs need not be acceptable, logical, consistent or comprehensible to others in order to merit First Amendment protection" (quoted by Justice Kennedy from the opinion by Justice Burger in Thomas v. Review Board of the Indiana Employment Security Division Template:Ussc).
In 2015, Kim Davis, a Kentucky county clerk, refused to abide by the Supreme Court decision in Obergefell v. Hodges legalizing Same-sex marriage in the United States. When she refused to issue marriage licenses, she became embroiled in the Miller v. Davis lawsuit. Her actions caused attorney and author Roberta Kaplan to state that "Kim Davis is the clearest example of someone who wants to use a religious liberty argument to discriminate."
- Christian Solidarity Worldwide
- Dignitatis Humanae
- Flushing Remonstrance
- Forum 18
- Freedom of thought
- International Religious Liberty Association
- Jehovah's Witnesses and civil liberties in the United States
- Kim Davis
- North American Religious Liberty Association
- Religious discrimination
- Religious persecution
- Religious toleration
- Secular state
- Separation of church and state
- Human Rights
- Status of religious freedom by country
- State religion
- Warsaw Confederation (1573)