Talk:Freedom of Religion

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What is the true history concerning the "Strangers and pilgrims"? There are lots of different accounts from different sources putting together a view of the past and the motivation of the players. And then there are "revisionists" like Howard Zinn, with a political agenda, creating false narratives skewed by personal prejudice and bias. The question we all should be asking is "What is the truth?"

The Free Exercise Clause

While the Constitution of the United States is wholly inadequate by biblical standards, it is the founding document of the United States to which the individual state government and their subordinates must comply.

According to Wex, the free legal dictionary and encyclopedia by the Legal Information Institute at the Cornell Law School, the “Free Exercise Clause refers to the section of the First Amendment”.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The key clause referred to as the “Free Exercise Clause” is the simple phrase “prohibiting the free exercise thereof”. This is a prohibition on congress which is the legislature to make laws that establish religion or prohibit the “free exercise” of “religion”. To fully understand the importance of this clause in the Constitution of the United States concerning Freedom of Religion we need to understand the meaning of the word religion[1] at the writing and ratification of that document. The free exercise of religion is not merely what you think about God but what you may be obligated by faith to actually do as a duty to God.

Wex goes on to say “The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free-exercise clauses of state constitutions which protected religious “[o]pinion, expression of opinion, and practice were all expressly protected” by the Free Exercise Clause.[2]

Americans are protected from the legislature, both federal and state, from any prohibitions and restraints not only in what they think but in what they do in the practice of their religion. The value of this prohibition is a key to liberty under God which will unlock the prison of our own making and bring about the liberation of the people as we have see in Judea and Rome by Christ and the early Church and Moses' liberation of Israel from the the bondage of Egypt.

Because “The Free Exercise Clause . . . withdraws from legislative power, state and federal, the exertion of any restraint on the free exercise of religion. Its purpose is to secure religious liberty in the individual by prohibiting any invasions there by civil authority.”[3]

“The Clause protects not just religious beliefs but actions made on behalf of those beliefs.”[4] More importantly, that “free exercise envisions religiously compelled exemptions from at least some generally applicable laws”[5] and therefore would naturally extend to the policies of institutions subordinate to those laws of the legislative power, state and federal.

Because of this withdrawal of power from the legislature by the document that gave it the power to exist, they have included certain “mandatory exception” clauses found in the codes of the United States[6] which extends to the States. It would seem that it is not only reasonable to believe that this withdrawal of power extends to the several states but would also extend to limit the discretion of all institutions and entities existing by or under that “legislative power, state and federal”. Therefore all business existing and operating under the authority of the states should then make similar accommodations and exceptions in their policies and practices in order “to secure religious liberty” for all Churches serving Americans in the exercise and practice of their religion.

That would mean that no institution, business, nor service allowed to exist by the permission of the legislature could prohibit, restrain, or refuse services to any Church who sought their assistance in the exercise and practice of religion without refusing all churches and religions the same services. This prohibition and withdrawal of discretion may even extend to any from "institution, business, nor service" that provides their service to the general public because man of the people in the general public depend on the Church in the practice of their religion.

“The Free Exercise Clause” allows “American citizens to accept any religious belief and engage in religious rituals” and any “[o]pinion, expression of opinion, and practice were all expressly protected”[7] from the legislative power of government and the policies of the institutions under its authority.

A primary “religious ritual” of the early Church was the acceptance of the freewill offerings as the sacrifices of the people and the redistribution of those gifts and gratuities to individuals in need and for a provision to the general welfare of society in a manner that strengthens the poor. The Welfare state system that forces the contributions of the people has a tendency to not only weaken the poor but society in general.[8] Only with religiously sacrificing in love of your neighbor can society become immune to the cognitive dissonance that undermines the heart and soul of society.

To apply business practices and policies equally to all religions or churches falls short of complying with the free exercise clause. It is by its nature discriminatory since policies and practices may by their nature "restrict, deprive, or restrain the Church" the practice of religion for one Church or religious group while offering the same service to others.

Any arbitrary requirements that would exclude or restrict one Church and its religious practices over another, especially when those requirements are not required by the law, would be a violation of the Free Exercise Clause. Even when a restriction seemed to be a requirement imposed by the law, it should be well understood that the legislature can “make no law respecting an establishment of religion, or prohibiting the free exercise.” To allow one church or religion to engage in or enjoy the services of an institution under the authority of the federal or state but prohibit another would violate the founding documents of the nation.

By “The Free Exercise Clause”, we should see clearly that governments and their licensed and subordinate institutions must provide for the same “religiously compelled exemptions” so that no policy or practices of those institutions of the world shall “substantially burden”[9] the exercise of religion.

It is extremely important to understand that “religion” is not merely what you think but includes what you do. And from a biblical point of view, no one is practicing pure Religion if they are dependent upon men who exercise authority, force contributions through fear and fealty. Christ preached and appointed a dominion that must operate by faith, hope, and charity lest it make the word of God to non effect.

Christ appointed the kingdom to His called out ministers to be His Church as His corporate institution for the “performance of its duties to God and its fellow man”.[1] To restrict, deprive, or restrain the Church that is truly separate from the world in the performance of their religious duties would “substantially burden” His Church and deprive “American citizens” of equal protection to freely practice their “religious belief and engage in religious rituals”.

Importance of Religion

The Christian conflict


In the Constitution of the United States we see the first Article of the Bill of rights - Freedom of expression and religion

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

  1. 1.0 1.1 “Religion. Real piety in practice, consisting in the performance of all known duties to God and our fellow men” Bouvier's 1856 Law Dictionary
  2. Michael McConnell, Religion and the Constitution (2002), pg. 105.
  3. Abington School District v. Schempp, 374 U.S. 203, 222–23 (1963). Free Exercise of Religion
  4. Wex legal dictionary and encyclopedia, Legal Information Institute at the Cornell Law School. Free Exercise Clause
  5. Michael McConnell, Religion and the Constitution (2002), pg. 107. Free Exercise Clause
  6. Title 26 USCS §508 Special rules with respect to 501c(3) organizations.
    (a) New organizations must notify the secretary that they are applying for recognition of section 501c(3) status Except as provided in subsection c.... (b) Presumption that organizations are private foundations. Except as provided in subsection c. …
    c Exceptions. (1) Mandatory exceptions, Subsections (a) and (b) shall not apply to ---
    (A) churches, their integrated auxiliaries, and conventions or associations of churches....
    Or: Title 26 USCS § 508 - 1 Notices
    (a) New organizations must notify the Commissioner that they are applying for recognition of section 501c(3) status --- (1) In general. Except as provided in subparagraph (3) of this paragraph…
    (3) Exceptions from notice. (1) Paragraph (a) (1) and (2) of this section are inapplicable to the following organizations.
    (a) churches, interchurch organizations of local units of a church, conventions or associations of churches,....
    Or: Title 26 USCS § 6033 Returns by exempt organizations.
    (a) Organizations required to file (1) In general. Except as provided in paragraph (2)…
    (2) Exceptions from filing. (A) Mandatory exceptions Paragraph (1) shall not apply to
    (i) churches, their integrated auxiliaries, and conventions or associations of churches,...
    Or: Title 26 CFR Ch. 1(4-1-96 Edition) Internal Revenue Service, Treasury § 1.508 - 1
    (7) Exceptions from notice. Subparagraphs (1) and (2) of this paragraph are inapplicable to the following organizations:
  7. Michael McConnell, Religion and the Constitution (2002), pg. 105. Free Exercise Clause
  8. Ezekiel 16:49 Behold, this was the iniquity of thy sister Sodom, pride, fulness of bread, and abundance of idleness was in her and in her daughters, neither did she strengthen the hand of the poor and needy.
  9. Religious Freedom Restoration Act of 1993 (RFRA), reinstating the Sherbert-Yoder test of “substantially burden”.