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Faith & Freedom: America’s Promise
- Lisa Singer
- Apr 4
- 6 min read
Updated: Apr 9
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
United States. Constitution. Amendment 1
As discussions surrounding religious freedom become more prominent in today's news and political discourse, understanding the foundational principles that shape this debate is essential.
To prepare for our upcoming episodes on 'The News Together,' let's take a moment to review the core beliefs and legal frameworks that define the role of religion in American civil society. While history has shown that governments have often used religion as a means of power, the U.S. stands apart due to its Constitution, which prevents such encroachments.
Unlike nations where religious groups dominate lawmaking or where secularism stifles faith, the U.S. maintains a balance that lets individuals freely choose their level of religiousness or secularism.
For independent voters, this reinforces that the separation of church and state protects personal freedoms, limits government power, and ensures that no single religion dictates national policy. It preserves the right for all to live according to their beliefs.
THE FOUNDING VISION: Faith and Freedom
The foundation of U.S. religious liberty is rooted in the principles championed by George Washington and James Madison, who sought to protect individual conscience from the historical devastation of religious conflict.
In 1789, responding to inquiries from various religious groups, Washington affirmed that faith was a matter between individuals and God. He famously assured the Touro Synagogue:
'For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live under its protection should demean themselves as good citizens…'
He also reassured the United Baptist Churches of Virginia,
'If I could have entertained the slightest apprehension that the Constitution…might possibly endanger the religious rights of any ecclesiastical Society, certainly I would never have placed my signature to it...'
Two years later, in 1791, Madison, a principal author of the First Amendment, enshrined the separation of church and state. He sought to prevent government interference in religious practice and the establishment of a state-sponsored religion, believing these safeguards were vital for true religious liberty and societal harmony.
Washington and Madison’s legacies advocate for a nation where all faiths are respected. The First Amendment ensures both the freedom to practice religion, and the civic responsibility to contribute positively to society, fostering coexistence among diverse beliefs.
FAITH AS A MORAL COMPASS: King's Vision
" 'The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state.' — Dr. Martin Luther King Jr.
As a Baptist minister, Dr. King saw faith and morality as inseparable from the civil rights movement. He viewed the First Amendment's protections—particularly freedom of religion and speech—as crucial tools in the fight against racial injustice.
King argued that religious freedom empowered moral voices to challenge oppression. He believed the separation of church and state allowed faith to be a force for good, free from government control. He frequently used Christian teachings to advocate for equality, emphasizing love, nonviolence, and justice.
RELIGION AND EQUALITY: Ginsburg's Stand
" 'A constitution, as important as it is, will mean nothing unless the people are yearning for liberty and freedom.' — US Supreme Court Justice Ruth Bader Ginsburg
Justice Ruth Bader Ginsburg passionately defended the First Amendment's protection of religious freedom, emphasizing the crucial need to separate church and state. She viewed the First Amendment as a shield for personal belief, not as a weapon to impose faith on others. Public institutions, she argued, must serve all Americans, regardless of faith.
Ginsburg vehemently opposed using religious liberty to infringe on others' rights. In Burwell v. Hobby Lobby (2014), where the Court allowed privately held corporations to deny contraceptive coverage based on religious objections, she warned in her dissent that broad religious exemptions could jeopardize individual rights — particularly women's healthcare: 'The court, I fear, has ventured into a minefield by holding that commercial enterprises, including corporations, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.'
She also challenged government actions that favored Christianity, arguing they undermined religious equality. In American Legion v. American Humanist Association (2019), concerning a public Latin cross memorial, her dissent argued that government endorsement of a majority religion marginalized minorities: 'Just as a Star of David is not suitable to honor Christians who died serving their country, so a cross is not suitable to honor those of other faiths who died defending their nation.'
While recognizing the necessity of religious accommodations — as in Holt v. Hobbs (2015), where she supported a Muslim inmate's right to grow a beard — Ginsburg consistently opposed exemptions that burdened others. Her philosophy echoed Justice Oliver Wendell Holmes Jr.'s adage: 'Your right to swing your arms ends just where the other man’s nose begins.' Ginsburg's legacy underscores her unwavering commitment to religious liberty and equality, ensuring no faith is privileged, and that religions freedom is not misused to justify discrimination.
PROTECTING INDIVIDUAL FAITH: Brandeis's Vision
"If we desire respect for the law, we must first make the law respectable."
— US Supreme Court Justice Louis D. Brandeis
Justice Louis D. Brandeis championed freedom of religion as a cornerstone of the First Amendment, believing it essential for democracy. He believed government should remain neutral in matters of faith — neither promoting nor hindering religious belief.
Although he didn't write a landmark Supreme Court decision solely on religious freedom, his broader views on individual liberties reinforced its value. He viewed religious liberty as vital for personal growth, and a safeguard against tyranny. This philosophy echoes his famous statement in Whitney v. California (1927): 'Those who won our independence… valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty.'
His influence helped shape later interpretations of the First Amendment, solidifying the principle that religious freedom thrives when government maintains strict neutrality.
A SAFE HAVEN: Chagall's Vision
" For me, a stained glass window is a transparent partition between my heart and the heart of the world." - Marc Chagall, 1977
Marc Chagall's 'American Windows' is a vibrant tribute to the ideals of religious freedom and artistic expression in the United States. Created for the nation's bicentennial, these stained-glass masterpieces, commissioned by the Art Institute of Chicago, weave together Jewish, Christian, and American symbols. They celebrate the country's dedication to diversity and peaceful coexistence, and the First Amendment’s promise of religious liberty for all. Through these luminous windows, Chagall captures the spirit of unity and the enduring hope that freedom allows every belief to shine."
The Bill of Rights — the first ten amendments to the U.S. Constitution — protects individual freedoms, including religious liberty. The First Amendment safeguards this right through two key provisions: the Establishment Clause and the Free Exercise Clause.
These clauses ensure that the government neither establishes a religion nor interferes with personal religious practices, maintaining a balance between faith and the rule of law. When conflicts arise between these principles, the federal courts—ultimately the Supreme Court—resolve such disputes.
The Establishment Clause
“Congress shall make no law respecting an establishment of religion…”
This clause prohibits the government from establishing a state religion and is often interpreted to mean that the Constitution requires the separation of church and state.
The Free Exercise Clause
“…or prohibiting the free exercise thereof.”
This clause protects citizens’ right to practice their religion freely, provided the practice does not violate public safety or other laws.
Federal Laws Protecting Religious Freedom
In addition to the First Amendment, several key federal laws protect religious freedom in specific contexts like employment, land use, and incarceration.
Religious Freedom Restoration Act (1993)
Legal Citation: 42 U.S.C. § 2000bb-1
Requires the government to prove a “compelling interest” before restricting religious practices.
Example: If a law burdens religious practice, the government must show it’s necessary for public safety or another critical reason.
Religious Land Use and Institutionalized Persons Act (2000)
Legal Citation: 42 U.S.C. § 2000cc
Prevents the government from unfairly restricting religious institutions through zoning laws (e.g., blocking churches, mosques, or synagogues).
Protects religious rights for prisoners and institutionalized persons (e.g., allowing them to follow religious dietary restrictions).
Title VII of the Civil Rights Act - Workplace Religious Protections (1964)
Legal Citation: 42 U.S.C. § 2000e-2
Prohibits religious discrimination in employment (hiring, firing, promotions).
Employers must reasonably accommodate religious beliefs unless they cause “undue hardship.”
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