Protecting Religious Freedom in the 21st Century
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With increasing polarization around nearly every issue, perhaps it is not surprising that religious freedom, once a unifying aspiration for the nation, has become contested. Because the on-the-ground reality has changed – the support of the people required to preserve any substantive right and responsibility has evolved on religious freedom – the principle of prudence suggests that the strategic and tactical approach of those concerned about religious freedom should adjust to fit that reality.
A new, 21st-century approach to preserving religious freedom should fit the realities of a 21st-century American public that has grown more secular over time.
With increasing polarization around nearly every issue, perhaps it is not surprising that religious freedom, once a unifying aspiration for the nation, has become contested. Because the on-the-ground reality has changed – the support of the people required to preserve any substantive right and responsibility has evolved on religious freedom – the principle of prudence suggests that the strategic and tactical approach of those concerned about religious freedom should change, too.
Rather than opposing legislative compromise and gambling on the judiciary to forever protect religious expression, the new approach would preserve religious freedom as an aspiration by reducing opportunities for conflict between the freedom of people of faith and religious organizations to act on their beliefs, and the interests of those who feel limited by or discriminated against by the actions of those who profess faith.
In other words, a 21st-century approach to preserving a contested religious freedom would reduce the areas of life in which religious freedom is contested. This can be accomplished in two ways: (1) in instances of religious expression that generates little or no opposition, pursue a policy of substantive, new religious accommodation, and (2) in instances where religious expression is considered controversial, pursue legislative compromise that trades new religious accommodations for protections of the interests of secular society.
This publication begins with foundational information on the law of religious freedom, including the current laws that govern conflicts between government actions and religious exercise. It describes current controversies between religious liberty and the potential legal solutions to them. Finally, it lays out the alternative approach, including new legislation that adopts this concept.
