Supreme Court Justice Thomas on Faith

“I quite frankly don’t know how you do these hard jobs without some faith. I don’t know. Other people can come to you and explain it to you. I have no idea. I don’t know how an oath becomes meaningful unless you have faith. Because at the end you say, ‘So help me God.’ And a promise to God is different from a promise to anyone else."

Full text

Selected Books on U.S. Constitution, Presidents, and Religious History

Abraham Lincoln: The Prairie Years and the War Years - Carl Sandburg 

America's Constitution - Akhil Reed Amar

Christianity: Lifeblood of America's Free Society (1620-1945) - John A. Howard

John Adams - David McCullough

Washington: A Life - Ron Chernow

Religion is the Foundation of Democracy and Prosperity - Clayton M. Christensen, M.Phil, MBA, DBA

Religion is the Foundation of Democracy and Prosperity (2011)

The Divinely Inspired Constitution - Dallin H. Oaks, J.D. (Apostle, UT Supreme Court Justice, President of BYU, Interim Dean of University of Chicago Law School, Law Professor)

The Divinely Inspired Constitution (Ensign Feb 1992)

3 Things That All Believers Anywhere Can Do To Bolster Religion's Role In Society

1) Use religious references in private prayers and personal greetings
2) Publicly recognize the blessings of God
3) Contend for the Free Exercise of Religions

Video of BYU-Idaho Devotional (Feb 2014)
Full Transcript of Address

Selected Laws & Cases Protecting Religious Freedom

International Law

Universal Declaration of Human Rights (UN General Assembly Declaration) – Art. 18

            “Everyone has the right to freedom of thought conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.” 

Federal Law

First Amendment (Bill of Rights) – Free Exercise Clause & Establishment Clause

            “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”

State Law

Fourteenth Amendment – Section 1: Due Process Clause

            “nor shall any State deprive any person of life, liberty, or property, without due process of law”

Cantwell v Connecticut (1940) – Due Process Clause protection includes applying the Free Exercise Clause to states

Everson v Board of Education (1947) – Due Process Clause protection includes applying the Establishment Clause to states

Washington Constitution Declaration of Rights – Art. I Section 11

            “Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.  No public money or property shall be appropriated for or applied to any religious worship, exercise of instruction, or the support of any religious establishment: PROVIDED, HOWEVER, That his article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county’s or public hospital district’s hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified.  No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.”  [AMENDMENT 88, 1993 House Joint Resolution No. 4200, p 3062. Approved November 2, 1993.] 

Selected Cases

Hosanna-Tabor Evangelical Lutheran Church and School v EEOC (2012) – Federal religious discrimination laws do not apply to religious organizations’ selection of religious leaders (unanimous decision).

Newdow v Carey (9^th Circuit 2010) - Pledge of Allegiance is not an establishment of religion prohibited by the U.S. Constitution.  That Court affirmed that the Founding Father’s political philosophy was that “God granted certain inalienable rights to the people which the government cannot take away.”

Employment Division v Smith (1990) – Free Exercise of religion does not allow a citizen to use religious motivation as a reason not to obey “generally applicable laws” (e.g. criminal acts) since “[t]o permit this would be to make the processed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.”

Lynch v Donnelly (1984) – Christmas decorations on town property do not violate the Establishment Clause.  “Nor does the Constitution require complete separation of Church and State; it affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any”

Engel v Vitale (1962) dissent (J. Stewart) – State-sponsored prayers that are free of compulsion do not violate the Free Exercise Clause; Spiritual heritage of our Nation includes references to God in the Supreme Court’s crier’s cry, Senate & House of Representative daily prayers, Presidential oaths, National Anthem and National Motto (36 U.S.C. § 170), National Currency (31 U.S.C. § 324), Pledge of Allegiance to the Flag (36 U.S.C. § 172), National Day of Prayer (36 U.S.C. § 185), and Declaration of Independence.

Religious Freedom As It Applies to Atheism

United States v Seeger (1965) – Test of Belief “in a relation to a Supreme Being” is whether a given belief that is sincere and meaningful occupies a place in the life of his possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies for the exemption.

Frazee v Illinois Employment Security Department (1989) – “[t]here is no doubt that ‘only beliefs rooted in religion are protected by the Free Exercise Clause.’ Purely secular beliefs do not suffice.”

United States v Ballard (1994) – Judiciary may determine sincerity of the beliefs (not the validity/truthfulness of the beliefs)