Talk:Freedom of Religion

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”. 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.”

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.

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.”

“The Clause protects not just religious beliefs but actions made on behalf of those beliefs.” More importantly, that “free exercise envisions religiously compelled exemptions from at least some generally applicable laws” 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 which extends to the States. It would seems 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 exception 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 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.

“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” 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.

Any arbitrary requirements that would exclude or restrict one Church and their 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 requirements 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” 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”. 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”.