Religious Freedom

Katherine Pater 10-26-2023

A patient looks at her ultrasound before proceeding with a medical abortion at Alamo Women's Clinic in Albuquerque, New Mexico, on August 23, 2022. REUTERS/Evelyn Hockstein/File Photo

Lost in the conversation about abortion rights and religious liberty is the fact that many Christians are not merely politically in favor of abotion access, but theologically in favor as well. These attempts to restrict abortion care and reproductive rights — even to the point where it puts the lives of pregnant people at dire risk — go against our Christian faith.

Tim Nafziger 9-26-2023
The picture shows a Native American man looking up at some trees. The background is trees and sky.

San Carlos Apache leader Wendsler Noise Sr. is protesting copper mining on sacred land in the Oak Flat area of the Tonot National Forest in Arizona. 

LONG-DISTANCE RUNNING has long been part of Apache traditional lifeways. For Wendsler Nosie Sr., it is a core expression of prayer and communion with the Earth.

In October 1990, the then 31-year-old tribal chair of the San Carlos Apache Reservation ran more than 60 miles in two days as prayerful resistance to the destruction of sacred sites at Mount Graham in Arizona. Two years earlier, Sen. John McCain had turned over Mount Graham to the University of Arizona to install telescopes. Nosie’s prayer run was part of a wider Apache and environmentalist movement to stop destruction of the mountain for the observatory project.

Nosie also was promoting a revival of his traditional Apache spirituality. The prayer run helped him “realize so much about our identity, where we originated and the sacredness of what makes us who we are.” Nosie went on to establish Apaches for Cultural Preservation and the Spirit of Mountain Runners, hosting twice-yearly community prayer runs. Grounded in ceremony, these runs begin at the site of the prison camp where the U.S. Army held Nosie’s ancestors in the 1890s. The destination of the summer run is Mount Graham; in winter, it is Oak Flat, another sacred site.

Oak Flat (Chi’chil Biłdagoteel) is a high desert valley in the mountains east of Phoenix, roughly 2,400 acres of federal land in Tonto National Forest that is sacred to Native Americans. Its fresh springs nurture oaks, making it a traditional acorn-gathering site for the Apache, and its canyons are lush with medicinal plants. The Apache have held ceremonies here for centuries. Nosie speaks reverently about Oak Flat as a place where his people have conversations with angels.

Abortion rights activists protest outside the venue of a summit by the conservative group 'Moms For Liberty' in Tampa, Florida, July 16, 2022. REUTERS/Octavio Jones

Clergy members of five religions sued the state of Florida on Monday over a new law criminalizing most abortions in the state after 15 weeks of pregnancy, saying the ban violates their religious freedom rights.

1-31-2022

The Catholic priest Franco Mella talks to the media before delivering a letter addressed to Hong Kong Chief Executive Carrie Lam, calling on authorities to drop charges against media mogul Jimmy Lai and other political activists jailed or in custody under the national security law, outside the government headquarters in Hong Kong, China, Jan. 31, 2022. REUTERS/James Pomfret

A coalition of Catholics and other Christians on Monday called on Hong Kong leader Carrie Lam to drop charges against media tycoon Jimmy Lai and other political activists jailed or in custody under a China-imposed national security law.

David W. Congdon 10-06-2021

Hundreds of New Yorkers rally against vaccine mandates in New York City on September 27, 2021. Photo by Mohamed Krit/Sipa USA

The FDA’s full approval in late August of the Pfizer-BioNTech vaccine, known commercially as Comirnaty, has led to a spate of government and corporate vaccine mandates for employees and patrons — as well as the inevitable backlash. Much of that backlash has been on religious grounds, with some Christians claiming exemption from the mandates using what journalist Mattathias Schwartz describes as the “rhetorical Swiss Army knife” of religious freedom.

An illustration of a Bible with a rainbow pride flag bookmark poking out of the pages.

Illustration by Michael George Haddad

IN JUNE, THE SUPREME COURT held that a Catholic agency can exclude same-sex couples from its government-contracted foster care program, despite a city policy banning LGBTQ discrimination. Assertions of religious freedom carried the day in the narrow ruling of Fulton v. City of Philadelphia; at the same time, broader precedent remains, requiring religious groups to respect generally applicable anti-discrimination laws. The court deferred the deeper challenge of how to square vigorous claims of religious liberty with hopes of inclusion for LGBTQ people.

As people of faith, how do we make sense of these competing claims—for equality and nondiscrimination, bedrock human rights principles, and for religious freedom? For guidance, Christians can look to our own record on religious freedom, theological insight on human rights, and, above all, the ethics of Jesus and Paul.

Let’s begin by affirming that religious freedom deserves its place in the inner sanctum of basic rights. It is a hope that once emboldened persecuted communities to flee Europe and helped inspire the allied struggle against fascism. It remains indispensable for religious minorities the world over—like the Iranian Christian seminary student who fears grave persecution, or Sikh and Jewish communities suffering violence in this country.

Mitchell Atencio 2-11-2021

On Wednesday night, the U.S. Court of Appeals for the Eleventh Circuit reversed a district court’s decision and ruled that the state of Alabama must allow Willie B. Smith III’s pastor to be in the execution chamber during Smith’s execution.

Mitchell Atencio 2-05-2021

Willie B. Smith III.

On Feb. 11, the state of Alabama intends to execute Willie B. Smith III without his pastor by his side — which Smith alleges is a violation of his religious freedom.

Makepeace Sitlhou 1-20-2021

A protest organized by West Bengal State Jamiat-e-Ulama, an Islamic organization, against a citizenship law, in Kolkata, India, December 22, 2019. REUTERS/Rupak De Chowdhuri - RC2C0E9272DK

Though religious intolerance in India has continued to intensify under Modi, the Trump administration has largely stayed silent.

John Allan Knight 7-20-2020

Demonstrators gather outside the U.S. Supreme Court in Washington, July 8, 2020. REUTERS/Jonathan Ernst

The Supreme Court recently issued a ruling that stripped the protections of anti-discrimination laws from thousands of teachers at religiously affiliated schools.

Montana resident Kendra Espinoza, a key plaintiff in a major religious rights case argued before the U.S. Supreme Court, poses in front of the white marble court building with her daughters Naomi (right) and Sarah (left) in Washington, D.C., U.S., January 19, 2020. REUTERS/Will Dunham/File Photo

The U.S. Supreme Court narrowed the separation of church and state in a major ruling on Tuesday by endorsing Montana tax credits that helped pay for students to attend religious schools, a decision paving the way for more public funding of faith-based institutions.

Shaun Casey 6-15-2020

U.S. President Donald Trump holds up a Bible as he stands in front of St. John's Episcopal Church across from the White House after walking there for a photo opportunity during ongoing protests over racial inequality in the wake of the death of George Floyd while in Minneapolis police custody, at the White House in Washington, U.S., June 1, 2020. REUTERS/Tom Brenner

After the smoke cleared from “The Battle of Lafayette Square” and the cringeworthy visit by the first couple to the St. John Paul II National Shrine was over, most Americans missed what was supposed to be the crown jewel of the Trump religion propaganda trifecta: the signing of an executive order on international religious freedom. 

The Fairness for All Act, which was introduced Dec. 6 in the House of Representatives and sponsored by Rep. Chris Stewart (R-Utah), pairs nondiscrimination protections for gay and transgender Americans with protections for people of faith. It would outlaw discrimination against the LGBTQ community in most areas of public life, while also creating safeguards for a variety of religious organizations and individuals, including marriage counselors, adoption agencies, and schools.

Najeeba Syeed 11-18-2019

Illustration by Matt Chase

AMERICA'S OPENNESS TO refugees has been a distinct feature of our country from its foundation. Our nation was established by communities facing discrimination elsewhere for their religious practices. In the periods when the country was not open to refugees and asylum seekers, such as during the Holocaust, it later became clear that we were on the wrong side of history.

The Trump administration announced this fall an annual admissions ceiling of 18,000 refugees for the next fiscal year, its third straight year of drastic reductions and a historic low. By comparison, almost 85,000 refugees were admitted in President Obama’s last year in office. Trump’s actions come at a time when the number of people fleeing conflict around the world is the highest since World War II.

Faith-based organizations in the United States have been at the forefront of refugee resettlement. The Trump administration decision threatens the already precarious structures around resettlement, which are largely religiously based. For many, the scriptural obligation to care for the stranger is a core religious belief. By having this capacity for service undercut, in many ways the faithful—across the spectrum from conservative to progressive—are unable to fulfill their religious obligations for care. The administration’s refusal to engage the many faith-based leaders and organizations who called for more, not less, openness to welcoming refugees decries its alleged commitment to religious freedom.

People of faith outside conservatism have taken up the fight for religious freedom in a wide variety of contexts.

Amanda Tyler 9-24-2019

Donald Trump speaks during the "Global Call to Protect Religious Freedom" event at U.N. headquarters in New York City, Sept. 23, 2019. REUTERS/Jonathan Ernst

Today, Congress took another step toward addressing its constitutional duty to provide oversight of the executive branch. The House Foreign Affairs Subcommittee on Oversight and Investigations and the House Judiciary Subcommittee on Immigration and Citizenship are holding a joint hearing on oversight of the “Muslim” travel ban.

Amy Fallas 7-24-2019

U.S. Secretary of State Mike Pompeo speaks at a news conference on human rights at the State Department in Washington, U.S., July 8, 2019. REUTERS/Yuri Gripas

From July 16-18, Secretary of State Mike Pompeo hosted the second annual Ministerial to Advance Religious Freedom, which is touted as the “the largest religious freedom event of its kind in the world.” More than a thousand attendees representing delegations from 106 countries arrived in Washington D.C. to discuss challenges to religious liberty and how to collectively address the threats facing people of faith worldwide.

Jack Moline 7-01-2019

Illustration by Matt Chase

AS PART OF his annual commencement speech tour, Vice President Mike Pence warned graduates at Christian colleges such as Liberty University that they would be “shunned or ridiculed for defending the teachings of the Bible” and adherence to “traditional Christian beliefs.” As an example, Pence cited the backlash he and his wife, Karen Pence, received after she took a job at Immanuel Christian School in Springfield, Va., a private Christian school that bans LGBT employees and students and the children of gay parents.

What the vice president and many like him are describing, however, is not an infringement of their rights or persecution, but theological disagreement and different beliefs that are as protected as their own. While the Constitution protects their right to choose their religion and how to practice their beliefs, the Constitution does not protect against theological or philosophical disagreements.

A concrete cross commemorating servicemen killed in World War 1 in Bladensburg, Md. Feb. 11, 2019.REUTERS/Lawrence Hurley

While the Establishment Clause's scope is a matter of dispute, most Supreme Court experts predict the challenge to the Peace Cross will fail, with the justices potentially setting a new precedent allowing greater government involvement in religious expression.

Kathryn Post 1-23-2019

SINCE HOBBY LOBBY won its landmark case in 2014, the religious freedom narrative has been dominated by traditionalist, politically conservative Christians. But for most of our nation’s history, religious freedom was a bipartisan value that echoed a commitment to inclusive pluralism.

In 1993 and 2000, religious freedom laws were passed almost unanimously in Congress, with support from social progressives as well as conservatives. Religious freedom was viewed as a basic constitutional right that should be applied indiscriminately.

The 2016 election only exacerbated the perception of religious freedom as a conservative Christian value. President Trump vocally supported Jack Phillips, the baker of the Masterpiece Cakeshop case who refused to bake for a gay couple’s wedding because of his religious beliefs. Trump took steps to dismantle the Johnson Amendment, which protects nonprofits from partisan political manipulation and, with the signing of the first of his two executive orders on religious freedom, announced, “We are giving our churches their voices back.”

In some cases, conservatives are claiming their right to religious freedom in entirely appropriate ways. Yet, in too many cases, far-right Christians have used religious freedom as a loophole for discrimination or to evade civil rights laws. And secular progressives have allowed them to do it, ceding religious liberty to extremists and jeopardizing this core tenet of democracy.

But that narrative could be changing.