GAIL DRAKE: Understanding the ‘Freedom of Religion’ amendment

I will walk at liberty, for I seek your precepts. — Psalm 119:45

“Congress shall make no law respecting an establishment of religion.”

Since the adoption of the First Amendment, much ink has been spilled disputing its meaning and interpretation. Does it mean that religion must be excluded from public affairs or not? Doesn’t the Constitution say there’s a “separation of church and state?” Like investigators and profilers in CSI crime shows, a detailed deep-dive into some of its author’s writings can shed light on the question: “What did he mean when he penned the Bill of Rights?”

Who wrote the Bill of Rights and what do we know about him? The Amendments of the United States Constitution were drafted in 1789 through a Joint Resolution of Congress — for the express purpose “to prevent the deconstruction or abuse of its power.” The chief author was James Madison. Madison played a major role in writing and ratifying the U.S. Constitution, served as Secretary of State, and was elected the third President of the United States. He is known foremost as a champion of religious liberty.

What did early versions of his amendment say? Madison’s first draft of the First Amendment stated: “The civil rights of none shall be abridged on account of religious beliefs or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.” It is clear that Madison believed that individuals’ rights should not be infringed due to their religion, and that the newly formed American government should not establish a national religion.

Why was Madison concerned about a “national religion?” Four hundred years ago, when settlers first came to these shores, Puritans dominated New England, Quakers and Lutherans flocked to Pennsylvania, Catholics to Maryland, and the Roman Church and the Church of England was established as the law in most Southern colonies. For hundreds of years, the Church of England demanded church attendance, meted out discipline and collected church taxes from all British subjects. An established government church had been the practice throughout their history. A form of state religion was also practiced in our nation’s early years.

What influenced Madison’s thinking? Though raised in Virginia, Madison had been educated at the College of New Jersey (Princeton) and influenced by college president John Witherspoon, a proponent of religious liberty. Madison returned to Virginia to become deeply involved in the American Revolution and the formation of the new nation. Later serving in the Continental Congress, Madison saw first-hand the weaknesses of the new federal government under the Confederation, and wrote about his concerns that state-level majorities could trample over the liberties of minorities.

Was there an earlier incident where he published his beliefs? Madison was a vocal opponent to a Virginia bill that would impose a state tax to pay Christian school teachers. He viewed it dangerous for any denomination to be established as the religion of that state. He wrote in his pamphlet Memorial and Remonstrance, “We hold it for a fundamental and undeniably truth, that Religion or the duty which we owe to our Creator and the manner if discharging it, can be directed on by reason and conviction, not by force or violence.

“The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every men to exercise it as these may dictate. This right is in its nature an unalienable right.”

What about “separation of church and state?” The clause does not exist in the Constitution. That phrase originated in a private letter from Thomas Jefferson to the Danbury Baptist Association in Connecticut. In that letter, Jefferson assured the Baptists that the First Amendment would protect their religious practices from government interference.

So did the drafter of the First Amendment believe that religion should be practiced or restricted? James Madison, author of the First Amendment, left behind writings that indicate he opposed a national religion, but clearly believed in the right of individuals to freely exercise their religion. “It is the duty of every man to render to the Creator such homage … as he believes to be acceptable to him. This duty is precedent … to the claims of Civil Society.”

We can conclude that the focus of the “Establishment Clause” is the restriction on the government to make “no law” — in any manner, about establishing or compelling a religion. It is not a restraint on the citizen.

Those who have lived only in the U.S. may have a hard time visualizing a government that would force religion on its people. But there are many counties that do just that. In Burma, everyone must register their religion, and Hindus are denied citizenship and refused permits to build houses. The Chinese Communist Party is ardently atheist and actively restricts religious practices. Evangelical Christians in Iran and Sudan are threatened with punishment or imprisonment for discussing their faith.

How blessed we are that we Americans are entitled to practice our religion, and otherwise are not compelled to practice a religion or philosophy, protected by the First Amendment.