Freedom OF and FROM Religion
by David M. Fitzpatrick
Last updated Sunday, 26 February 2006

The Basis for "Freedom OF and FROM" Religon
The Constitution clearly says that Congress shall make no law respecting an establishment of religion. It has been argued by religious types, mostly the Xians who feel this country is an Xians-only club, that that indicates a right to choose and practice ANY religion one sees fit... but that it does NOT mean that those who don't believe have the same religious freedom. On the contrary! The prohibition of the government establishing a religion is to ensure that nobody has another person's religious beliefs forced on him.

And that is what the legal battle for Atheists is all about. By allowing IN GOD WE TRUST to be on our money, in adding UNDER GOD to our country's Pledge of Allegiance to our flag, the government is establishing the Xian religion—and that is one thousand percent WRONG. (Read "A Truly Ignorant Christian Email" for more insight into these specific topics.)

Trying to establish a state religion, even in a sideways manner like that, is contrary to one of the basic tenets of the Constitution. By recognizing a particular religion, all those who follow different religions—or, like Atheists, no religion at all--are being excluded.

Where Are the Court Rulings to Support "Freedom FROM"?
A non-religious friend of mine recently asked me where he could find court rulings and other official decisions that supports freedom FROM religion, since those words aren't in the First Amendment. My response was that regardless of other legal proceedings, court decisions, etc., the only thing that ultimately matters is the Constitution. The First Amendment reads "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." Two points are key here in this, what is known as the "Establishment Clause," which is by far it is the most ignored law in the history of the country. Those points are very simple, and there is no ambiguity in what it means:

  1. Congress shall make no law respecting an establishment of religion. Not "A" religion. Not "THE" religion. Not "SOME TYPE OF" religion. Just plain "RELIGION." Congress is expressly disallowed making ANY laws concerning the establishment of RELIGION in any form. What does "establishment of religion" mean? It means officially supporting or promoting ANY religion. I realize many will disagree on that interpretation, but it is truly the only common sense interpretation for that clause. Congress and the government is supposed to keep their hands out of it; by not making any religion-related laws, no religion of any sort is promoted.
     
  2. ...or prohibiting the free exercise thereof. This was to ensure that those who wished to practice a particular religion would not be prevented from doing so, something many of the founders were concerned about. Many of them had been forced to practice a religion not their own and disallowed practicing their own.

Those two points are together in one sentence, and they balance each other very nicely. Congress can't stop someone from practicing a religion, and they can't make laws promoting one either. This is the very foundation of the "freedom OF and FROM religion" argument: people can practice what they want, and the government stays out of all things religion.

Why Court Decisions Don't Matter
Congress is prohibited from making any laws establishing any religion. This is why court decisions and federal precedents don't matterafter all, they unanimously voted to add "under God" to the Pledge in the 1950s DESPITE the fact that that very act by them was illegal, as spelled out in the Constitution.

For more, see the Separation of State and Church essay.


Home   About   Contact   Other   Links
Articles   Alphabetical List of Articles

Article Categories:
The Basics   Information   Legal Stuff
Funny Stuff   Essays   Quotes


Atheist and Proud!

Copyright © 2004-2005 David M. Fitzpatrick, indy@fitz42-QQQ.net
Remove the "-QQQ" part before you send your email! Click here to learn why.