Brookings Institution

How should Biden-era Americans understand 'religious freedom' and First Amendment?

THE QUESTION:

What does American “religious freedom” now mean?

THE RELIGION GUY’S ANSWER:

Protection of Americans’ “free exercise” of religion has been guaranteed by the Bill of Rights for 229 years and counting.

Until recently, people generally agreed on what this means. The debates involved whether this constitutional right should be exercised or restricted in specific, unusual situations. For example, the Supreme Court has permitted the Santeria faith to conduct ritual slaughter of animals, and exempted Amish teens from mandatory high school attendance laws.

Now this principle is swept up into culture wars that divide the population and the two political parties. In October, the Brookings Institution, a moderately liberal think tank, issued a lengthy white paper titled “A Time to Heal, A Time to Build” with recommendations on religion policy for the U.S. president. It states that the older consensus “began breaking down as new issues emerged, particularly around the struggle for LGBTQ equality.” Brookings consulted 127 experts on church and state for this document, though few were from the so-called “religious right.”

Consider some history: Back in 1993, Democrats were central in passage of the federal “Religious Freedom Restoration Act.” Then-Congressman Chuck Schumer, who is Jewish, introduced the bill in the House, where it won 170 co-sponsors and easily passed by voice vote. In the Senate, Ted Kennedy, a Catholic, was the Senate co-sponsor with Republican Orrin Hatch, a Latter-day Saint, and the act was approved 97–3. President Bill Clinton, a Protestant, enthusiastically signed it into law.

The act states that government cannot “substantially burden” the “exercise of religion,” even when the burden applies to people generally, unless limiting of the freedom is “the least restrictive means” to further a “compelling governmental interest.” Those whose freedom is wrongly suppressed have the right to “obtain appropriate relief” in court. (This restored prior U.S. Supreme Court doctrine that the court had shelved in its 1990 Smith ruling.)

That was then.


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Surviving 2020: How many churches will die because of COVID-19 and 'worship shifting'?

Surviving 2020: How many churches will die because of COVID-19 and 'worship shifting'?

Television professionals who survived the past decade have made their peace with terms like "binging" and "time-shifting."

But how, pray tell, can clergy embrace "worship-shifting"?

The coronavirus crisis has plunged pastors into digital technology while trying to replace analog community life with online worship, classes and fellowship forums. These changes have frustrated many, especially believers in ancient traditions built on rites requiring face-to-face contact. But many worshippers have welcomed online worship.

These changes have altered the "fundamental relationship that many young adults have with their churches," said David Kinnaman, president of the Barna Group, which does research with a variety of religious groups. "We're hearing about worship-shifting, as people use all the tech in their homes to fit services into their own schedules, just like everything else they watch on all those screens.

"This is another way people are using social media to renegotiate the role the church plays in the lives of their families."

The question religious leaders are asking, of course, is how many people will return to their pews when "normal" life returns. But it may be several years before high-risk older believers decide it's safe to return, even after vaccines become available. Younger members may keep watching their own local services, switch to high-profile digital flocks elsewhere or do both.

In talks with clients, Kinnaman said he is hearing denominational leaders and clergy say they believe that, in the next year or so, some churches will simply close their doors. Early in the pandemic the percentage of insiders telling Barna researchers they were "highly confident" their churches would survive was "in the high 70s," he said.

“Now it's in the 50s. … Most churches are doing OK, for now. But there's a segment that's really struggling and taking a hit, week after week."

After reviewing several kinds of research -- including patterns in finances and attendance -- Kinnaman sent a shockwave through social-media channels with his recent prediction that one in five churches will close in the next 18 months.


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