Protecting and restoring freedom
27/10/24 01:21
In the United States, we generally assert that we enjoy freedom of religion. From a legal perspective, that freedom hinges on two clauses of the First Amendment of the Constitution. The first is the Establishment Clause which prohibits the government from establishing a religion. The second is the Free Exercise Clause, which protects the right to practice one’s religion as long as it doesn’t conflict with a compelling government interest or public morals. Both clauses have resulted in challenges of interpretation represented by thousands of law suits of citizens seeking religious freedom on their own terms.
A common misconception is that the establishment cause prevents prayer in public schools. In its typical enforcement, however, public schools only urge teachers not to lead mandatory prayers, but it does not ban students’’ exercise of prayer and personal devotion. The courts have continually plaid in on issues surrounding the free exercise clause as well. When do certain religions practices cross the line and become in conflict with government interests and public morals?
The resting interpretations of the First Amendment have resulted in an imperfect system.
Our history has many glaring instances of the denial of religious freedom often in direct conflict with the constitution. Many Americans don’t realize that it was not until the passage of the American Indian Religious Freedom Act (AIRFA) in 1978 that Native Americans were legally permitted to freely practice their religions. Public ceremonies including the Sun Dance were prohibited. Incarcerated indigenous Americans were barred from practicing their religion The ban on the practice of Native American religious ceremonies was so severe that some religious practices and traditions were forgotten through decades of being forced underground.
In addition to the practice of cultural genocide through bans on the practice of religion despite the guarantees of the First Amendment, Many indigenous Americans were subjected to the establishment of religion through the practice of forcing native children to attend boarding schools. The Federal Indian Boarding School Initiative Report, released in May 2022, identified more than 400 schools operated in 37 states. It also identified over 500 deaths of Native children and further noted that records are incomplete and many records have been lost or destroyed so the numbers of deaths are likely far greater than those officials noted.
Many of the government funded boarding schools were run by religious organizations. The aim of the schools was to force assimilation. This process resulted in many instances of physical and sexual abuse of children as well as cultural abuse in the form of forced participation in religious programs and ceremonies. Students in boarding schools had no other options than participation in Christian worship while their native language and religious practices were banned from the schools.
Our history is a story of the failure to apply constitutional right of freedom of religion equally. While some Americans enjoyed that freedom, others did not.
The United States was not alone in its practices of cultural genocide and the failure to protect the rights of indigenous people. Canada’s Truth and Reconciliation Commission, launched in 2008, has led to federal government apologies and the payment of more than $3 billion in reparations to date. A 2015 report included a 94-point call to action for the Canadian government.
As the name of the Truth and Reconciliation Commission implies, part of the process of bringing justice after years of abuse and injustice is telling the true story of what happened in the past. Many if not most people currently living in the United States are largely unaware of the ways in which freedom of religion has been denied to Indigenous Americans.
Next month, November, is Native American Heritage Month. It is an opportunity for all Americans to learn more of the truth about our past and to offer reconciliation to those who have suffered. Native American Heritage Month was first signed into existence by President George H.W. Bush in 1990. While there have been some significant efforts at increasing awareness and education about Native American history in more than three decades of observing the month, there is still a lot more education to be done. After all there were more than 200 years of failure to enforce the provisions of the constitution in regards to religious freedom for Native Americans. It will take much more effort to tell the truth about our history and to make all Americans aware of our shared story.
In addition in recent years there have been open and public calls from some Evangelical Christians who are advocating for the establishment of Christianity as the official religion of the United States. Some Christians have gone so far as to call for the ban of other religions. As a progressive Christian who does not agree with the theological and biblical interpretations of some Evangelicals, it is quite clear to me that the version of Christianity that they would like to make the official religion bears little resemblance to my faith. Furthermore it betrays a fundamental lack of understanding of the religious practices and principals of the founders of this nation.
Freedoms need constant protection. There are always individuals and systems that erode basic freedoms. The quest of power often involves the denial of the freedoms of others.
As our country prepares to observe Native American Heritage Month this November, there are many ways that all citizens can contribute to protecting the rights of all. These include being careful in the exercise of the right to vote, but also advocating for policy reform, supporting indigenous organizations, working to protect the environment, and sharing the work of Native authors, leaders, and activists.
Protecting the rights of all will require ongoing commitment from nonnative and Native Americans. Learning more of the truth is a critical step in that process. As our nation celebrates the rich heritage and unique contributions of Indigenous peoples, each citizen is invited to learn the truth about the path and to participate in discovering a path forward that honors and respects the rights of all people, including the right of freedom of religion.
A common misconception is that the establishment cause prevents prayer in public schools. In its typical enforcement, however, public schools only urge teachers not to lead mandatory prayers, but it does not ban students’’ exercise of prayer and personal devotion. The courts have continually plaid in on issues surrounding the free exercise clause as well. When do certain religions practices cross the line and become in conflict with government interests and public morals?
The resting interpretations of the First Amendment have resulted in an imperfect system.
Our history has many glaring instances of the denial of religious freedom often in direct conflict with the constitution. Many Americans don’t realize that it was not until the passage of the American Indian Religious Freedom Act (AIRFA) in 1978 that Native Americans were legally permitted to freely practice their religions. Public ceremonies including the Sun Dance were prohibited. Incarcerated indigenous Americans were barred from practicing their religion The ban on the practice of Native American religious ceremonies was so severe that some religious practices and traditions were forgotten through decades of being forced underground.
In addition to the practice of cultural genocide through bans on the practice of religion despite the guarantees of the First Amendment, Many indigenous Americans were subjected to the establishment of religion through the practice of forcing native children to attend boarding schools. The Federal Indian Boarding School Initiative Report, released in May 2022, identified more than 400 schools operated in 37 states. It also identified over 500 deaths of Native children and further noted that records are incomplete and many records have been lost or destroyed so the numbers of deaths are likely far greater than those officials noted.
Many of the government funded boarding schools were run by religious organizations. The aim of the schools was to force assimilation. This process resulted in many instances of physical and sexual abuse of children as well as cultural abuse in the form of forced participation in religious programs and ceremonies. Students in boarding schools had no other options than participation in Christian worship while their native language and religious practices were banned from the schools.
Our history is a story of the failure to apply constitutional right of freedom of religion equally. While some Americans enjoyed that freedom, others did not.
The United States was not alone in its practices of cultural genocide and the failure to protect the rights of indigenous people. Canada’s Truth and Reconciliation Commission, launched in 2008, has led to federal government apologies and the payment of more than $3 billion in reparations to date. A 2015 report included a 94-point call to action for the Canadian government.
As the name of the Truth and Reconciliation Commission implies, part of the process of bringing justice after years of abuse and injustice is telling the true story of what happened in the past. Many if not most people currently living in the United States are largely unaware of the ways in which freedom of religion has been denied to Indigenous Americans.
Next month, November, is Native American Heritage Month. It is an opportunity for all Americans to learn more of the truth about our past and to offer reconciliation to those who have suffered. Native American Heritage Month was first signed into existence by President George H.W. Bush in 1990. While there have been some significant efforts at increasing awareness and education about Native American history in more than three decades of observing the month, there is still a lot more education to be done. After all there were more than 200 years of failure to enforce the provisions of the constitution in regards to religious freedom for Native Americans. It will take much more effort to tell the truth about our history and to make all Americans aware of our shared story.
In addition in recent years there have been open and public calls from some Evangelical Christians who are advocating for the establishment of Christianity as the official religion of the United States. Some Christians have gone so far as to call for the ban of other religions. As a progressive Christian who does not agree with the theological and biblical interpretations of some Evangelicals, it is quite clear to me that the version of Christianity that they would like to make the official religion bears little resemblance to my faith. Furthermore it betrays a fundamental lack of understanding of the religious practices and principals of the founders of this nation.
Freedoms need constant protection. There are always individuals and systems that erode basic freedoms. The quest of power often involves the denial of the freedoms of others.
As our country prepares to observe Native American Heritage Month this November, there are many ways that all citizens can contribute to protecting the rights of all. These include being careful in the exercise of the right to vote, but also advocating for policy reform, supporting indigenous organizations, working to protect the environment, and sharing the work of Native authors, leaders, and activists.
Protecting the rights of all will require ongoing commitment from nonnative and Native Americans. Learning more of the truth is a critical step in that process. As our nation celebrates the rich heritage and unique contributions of Indigenous peoples, each citizen is invited to learn the truth about the path and to participate in discovering a path forward that honors and respects the rights of all people, including the right of freedom of religion.