The Religion Clauses in the US Constitution: Some Debates on Liberty, Equality, and Religious Freedom

Abstract

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States.  I highlight a few of the enduring questions debated by political philosophers and legal scholars.  For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state policy?  Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position?  What are the limits to religious freedom?  To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. Some legal theorists argue that the idea of religious freedom in the Constitution is based mostly on an ideal of liberty of conscience or freedom of religious belief and practice.  Others claim that both liberty and equality are central to the religion clauses of the Constitution.  This gives rise to debates on how best to respect the religious liberty of all citizens, including members of the many religious minorities in the US.  Debates on these issues also arise in legal practice, especially when the Supreme Court must decide whether a law unfairly burdens or restricts a religious practice.  By examining some important legal verdicts on the religion clauses to the First Amendment of the Constitution we can see some ways that theoretical debates about law and religious freedom are directly relevant to legal practice.  These verdicts also illustrate how political values such as liberty and equality oftentimes play a significant role in how the religion clauses of the Constitution are interpreted by Supreme Court judges.

Keywords: Religious Freedom, Law, Constitution, Religion, Equality