The elusive meaning of religious freedom in America

One of the factors in the early formation of humans into social groups was a common belief in spiritual powers, mythical gods and superstitions.

The consensus of so-called religious beliefs within these groups at the dawn of civilization was as much a driving force in the formation of tribal community life as was the need to collectively survive by delegating and cooperating in food gathering, hunting and protecting against other tribal communities.

While unanimity of religious belief within the tribe was beneficial to its safety, well-being and survival, the development of ancient and primitive religious beliefs which differed from one group to the other, led to tensions, anxiety and insecurity, and ultimately to war among various tribes and emerging societies.

As societies became more sophisticated and religious beliefs more divergent, the ancient and basic tensions, which were present from the dawn of civilization, arising between and among different cultural and religious groups persisted and unfortunately persist to this very day.

The introduction of divergent beliefs, unique religious rituals and the development of religious customs and traditions worked to separate rather than to unite communities.

One group’s religious beliefs were seen as a threat to a second group’s well-being; and religion became as much a factor in war between groups, as did the quest for territory, food and other resources.

Historically, religion also became an instrument for power and domination; and for hatred of those that clung to their age-old beliefs such as paganism. Later on, this hatred manifested itself against those whose beliefs, culture and tradition were at variance with the local majority religion.

Antisemitism may have had its very roots in the resentment of the Jewish people by the idol-worshipping societies because of the Jewish rejection of idol worship in favor of a belief in an indescribable, abstract, infinite and singular Supreme Being.

Christianity, despite its message of love, embraced hatred for the non-believer; and six centuries later Islam defined the non-believer as an “infidel,” to be subjected to secondary status, discrimination and even worse treatment. Both religions historically won more original adherents through force, conquest and compelled conversion rather than through voluntary acceptance of their respective religious beliefs.

History and current events are rife with examples of the modern-day tensions between the great religions of the world both East and West; and among the many denominations within each major religion.

America’s founders wrestled with the concept of religious freedom. While the first amendment speaks unambiguously of a well-defined freedom of speech, the press and the right of people to peaceably assemble and to petition government, the best the authors of the constitution were able to do for religion is to charge Congress with the duty to “make no law respecting an establishment of religion or prohibiting the free exercise thereof.”

We the people are left with the responsibility of determining whether we are endowed with a right of freedom of religion or a right of freedom from religion. The great Franco-Jewish commentator and Torah scholar, Rashi, explains that, “all is the hands of God except for the fear of God.”

It appears the authors of the Constitution, consistent with Rashi’s commentary, washed their hands of any constitutional responsibility for prescribing our government’s relationship to religion, except for a “hands off” policy.

They left it to each citizen in the ordinary course of living life as an American to seek the elusive meaning of religious freedom by deciding, along with their co-religionists their own religious beliefs and practices free from interference by their fellow citizens and reciprocally, without imposing their sense of sin on any other fellow American.

If you wish to comment or respond you can reach me at melpearlman322@gmail.com. Please do so in a rational, thoughtful, respectful and civil manner.

Mel Pearlman holds B.S. & M.S. degrees in physics as well as a J.D. degree and initially came to Florida in 1966 to work on the Gemini and Apollo space programs. He has practiced law in Central Florida since 1972. He has served as president of the Jewish Federation of Greater Orlando; was a charter board member, first vice president and pro-bono legal counsel of the Holocaust Memorial Resource and Education Center of Central Florida, as well as holding many other community leadership positions.