Derek H. Davis
The United States Supreme Court’s religion jurisprudence is typically analyzed based on whether a court’s decision emerges from an Establishment Clause analysis or a Free Exercise Clause analysis. While this method is useful, a more in-depth analysis can be undertaken by identifying various philosophical themes that describe the court’s varied approaches to deciding religion cases. The cases can be analyzed under at least four separate but interrelated themes: separation of church and state, cooperation between sacred and secular activities in religion-based contexts, equal treatment among religions, and the integration of religion and politics. This article examines the High Court’s often controversial decisions affecting religion through the lenses of these four themes.
The term “separation of church and state” is frequently used to describe the American relationship between law and religion, but this term is far too simplistic a description of how church and state interact in the American system; the ways in which the system sometimes embraces separation but sometimes does not, are analyzed and explained.
Consistent with the misconception that the Supreme Court always seeks to “separate” church and state, court analysts will sometimes describe the court’s strategy as giving “no aid” to religion. This also is a simplistic analysis, since it can clearly be shown that the court does not seek to “wall” off religion from government aid in all cases. Rather, the court tends to sanction state support of “secular” activities that arise in religion contexts while denying state aid to the “sacred” components of religious activity. “Equality” is a hallmark of American democracy. While the Founders did not earmark equality as a goal of the religion clauses, the concept has nevertheless emerged as a byproduct of deeper goals, namely sanctioning religious pluralism and providing equal access to government office. If separation of church and state were really the centerpiece of how religion and state activity interact in the United States, the Supreme Court would not sanction the involvement of religion in public debate and discourse, nor would it permit political candidates and officeholders to freely talk about religion in their personal lives and its role in American political life. But the court carefully crafts a jurisprudence that rarely intrudes on this kind of activity. In sum, looking at Supreme Court religion cases through a number of philosophical lenses is a fruitful guide to understanding court decisions that are otherwise often highly complex and confusing.
Mark A. Granquist
The United States as a country was religiously formed by Reformed Protestants, who were later joined by substantial numbers of immigrant Lutherans, Roman Catholics, and Jews. The role of Martin Luther in this religiously varied and pluralistic society has often changed over time, and has depended greatly on the context of those who have written about him. In some periods of time, especially the 18th century, Luther was little noticed or commented about, generally a figure solely in the distant past. In the 19th century, many American writers and scholars took notice of Luther, but often as a past symbol of some reality the author wished to address. Thus, Luther was seen essentially as one of the first modern individuals in the West, standing for religious and personal liberty against the reactionary forces of church and state. Some Protestants noted him for his stance against the medieval Western church and the papacy, which mirrored their own anti–Roman Catholic positions; American Roman Catholics saw him as the cause of the splintering of the true church and the author of all that was religiously problematic. After the Civil War, scholars began to access modern German scholarship about Luther, and the Luther birth anniversary of 1883 was perhaps the high point of his reputation in America. In the 20th century, there were positive and negative developments. On the negative side, two world wars soured Americans on things German, and some saw Luther as contributing to the rise of the Nazis and of the Holocaust. On the positive side, many of Luther’s works were translated into English, and many new historical and theological studies of the reformer were produced in English, along with translations of European works. American Lutherans began to produce substantial contributions to Luther studies, and newer works, even among Roman Catholics, sought to put Luther into his historical and theological contexts.
Adrian Chastain Weimer
In American history, venerating a death as martyrdom has been a way of claiming its significance within a narrative of ultimate victory. The words for martyr in both Greek and Arabic literally mean “witness”: martyrs’ willingness to die is a form of witness to the truth of a tradition. Figures claimed as martyrs in American history from the Mormon leader Joseph Smith to Baptist civil rights activist Martin Luther King Jr. have often prophesied their own deaths, embracing the hope that their sacrifice will inspire zeal in others. Religious communities in North America have commemorated martyrs through stories, paintings, shrines, maps, monuments, poetry, liturgy, and theological reflections. The category of martyrdom tends to become more diffuse over time. Moving beyond a strict definition of death for the faith, Americans have used the language of martyrdom to find spiritual significance in a range of physical and interior sufferings. For example, both French Canadian nuns and New England puritans claimed their daily colonial sufferings as a form of martyrdom. Narratives of martyrdom have also played an important role in political movements such as the anti-lynching crusade of the late 19th and early 20th centuries. Martyr language can even push the boundaries of what constitutes religion itself. In the 20th century, the suffering of American jazz musicians, denied civil rights, has been described as martyrdom. Following the September 11, 2001, attacks by radical jihadists seeking martyrdom, the term has often been associated with terrorism. Debates about justifications for violence in the Qur’an and the true meaning of jihad have taken place among politicians, religious leaders, and academic scholars. This intense focus on Islamic theology of martyrdom has led both to widespread suspicion of Muslims (and those of South Asian and Middle Eastern descent generally) as well as to new ecumenical commitments to a shared ethic of loving God and neighbor.
Patrick Q. Mason
Mormonism is the collective name for a group of related churches, movements, and theologies that trace their origins back to the prophetic revelations of Joseph Smith Jr. (b. 1805–d. 1844). The movement splintered following the death of Smith, with the Utah-based Church of Jesus Christ of Latter-day Saints (LDS) becoming by far the largest institutional manifestation of Mormonism today. Mormonism claims to be a restoration of ancient Christianity, following a period of apostasy after the death of Christ’s original apostles. The movement began with a series of revelations to Smith in the 1820s in which God called him to be a prophet and then an angel directed him to a buried ancient record written on golden plates. Smith translated this record “by the gift and power of God” and published it as the Book of Mormon, which is one of four books considered by Mormons to be scripture (along with the Christian Bible, the Doctrine and Covenants, and Pearl of Great Price).
Mormons believe that God leads their church through living prophets and continuing revelation, and that ordinances necessary for salvation and exaltation are performed only through the priesthood that was restored to Smith and passed on to the church today. Mormons prioritize family relationships, which they believe can be maintained after death through marriage ceremonies conducted in Mormon temples. Heavily persecuted in the 19th century for their practices of polygamy and theocracy, today Mormons are fully integrated into society even while maintaining a distinctive theology and group identity. The Church of Jesus Christ of Latter-day Saints operates an ambitious proselytizing campaign around the globe and continues to enjoy steady worldwide growth, with the majority of its members now residing outside the United States. Though strongly influenced by its origins in a modern American context, as it nears the beginning of its third century Mormonism is emerging as an increasingly mature global religion.
Rodger M. Payne
Nativism describes an ideology that favors the rights and privileges of the “native born” population over and against those of “foreign” status, however these categories might be defined and ascribed. In the United States, the term has usually been employed to designate hostility against foreign immigration, although nativist arguments have been used against various internal minority groups as well. Although the term is often used as a synonym for the anti-Catholicism of the antebellum era, nativism has usually focused its apprehensions on ethnic and racial differences rather than religious diversity; since religious identity is often interdependent with racial or ethnic heritage, however, any religious divergence from the dominant white Anglo-Saxon Protestant culture likewise falls under suspicion. While not all forms of religious intolerance in the United States have been grounded in nativist attitudes and activities, the relationship between antipathy toward immigration and antagonism toward certain religions has been a recurrent and resilient theme in American culture. From the various forms of political and social enmity directed against Catholic immigrants during the antebellum era to the passage of Asian “exclusion acts” and the rise of anti-Semitism in the late 19th and early 20th centuries and from attitudes toward the civilizing “mission” of the United States to contemporary expressions of Islamophobia, antagonism toward the foreign Other has often been inseparable from expressions of religious chauvinism and xenophobia.
Such chauvinism represents an appropriation of the idea of American exceptionalism by participating in the cultural mythology of the American civil religion, which posits both a divine origin of and special destiny for the United States. Scholars of American religion have long traced this theme of American exceptionalism, particularly as it has been expressed through the way in which Americans have read themselves into the biblical narrative as God’s “new Israel,” as a “shining city on a hill,” or as the location for the realization of the Christian millennial hope of a “new heaven and a new earth.” In less biblical but no less religious terms, the United States has been presented as the reification of a “new world order” (novus ordo seclorum, one of the three Latin mottos included on the Great Seal of the United States) or as offering humanity “the last best hope of earth.” By thus conceptualizing “America” as a type of utopian sacred space, these metaphors have simultaneously created the need for establishing the restrictions that mark one’s inclusion or exclusion in this redemptive process. Through identifying the foreign Other—by ethnicity, race, or religion—nativism has been one way to provide this religious function of defining the symbolic boundaries that keep this new “promised land” pure.
Historians most often use the term primitivism to refer to the attempt to reconstruct a religious tradition’s original theology, structure, or beliefs. Primitivists believe that the earliest expressions of the faith are the most efficacious, powerful, and valid, and hence they attempt to recapture them in as complete a form as it is possible for them to imagine. Thus, they frequently dissent from established religious traditions, believing that those constructed under the primitive impulse achieve superior purity. Of course, these attempts are normally incomplete or inaccurate, reflecting the desires or needs of the group doing the restoring more than the original version of whatever faith is involved.
Primitivism has taken on a number of forms throughout American history. This essay follows a chronological approach, but uses Richard Hughes’s designations of “ethical,” “ecclesiastical,” and “experiential” primitivism to distinguish among various movements and provide some order to the narrative. These are common impulses in American religion, particularly in the years immediately following the American Revolution commonly called the Second Great Awakening. The language of primitivism has provided Americans with the weight of historical authority, often invoked to overturn established hierarchies and replace them with forms of religious practice deemed, alternately, more democratic, more biblical, more conducive to religious experience, or more ethically demanding. Whatever the case, primitivism has spoken to the American impulse toward reform, resistance to institution, and individual capacity.
Janine Giordano Drake
As a nation grounded in the appropriation of Native land and the destruction of Native peoples, Christianity has helped define what it means to be “American” from the start. Even though neither the Continental Congress nor the Constitutional Convention recognized a unifying set of religious beliefs, Protestant evangelicalism served as a force of cohesion that helped Americans rally behind the War for Independence. During the multiple 19th-century wars for Indian removal and extermination, Christianity again helped solidify the collapse of racial, class, and denominational categories behind a love for a Christian God and His support for an American nation. Close connections between Christianity and American nationhood have flared in popularity throughout American history, particularly during wartime. In the late 19th and 20th centuries, the closely affiliated religious and racial categories of Christianity and whiteness helped solidify American identity.
However, constructions of a white, Christian, American nation have always been oversimplified. Slavery, land-grabbing, and the systematic genocide of Native peoples ran alongside the creation of the American myth of a Christian nation, founded in religious freedom. Indeed, enslavement and settler colonialism helped contrive a coherence to white Protestantism during a moment of profound disagreement on church government, theology, and religious practice. During the antebellum period, white Protestants constructed a Christian and American identity largely in opposition to categories they identified as non-Christian. This “other” group was built around indigenous, African, Muslim, and sometimes-Catholic religious beliefs and their historic, religious, and racial categorizations as “pagans,” “heathens,” and “savages.” In the 19th-century republic, this “non-Christian” designation defined and enforced a unified category of American Protestants, even though their denominations fought constantly and splintered easily. Among those outside the rhetorical category of Protestantism were, frequently, Irish and Mexican Catholics, as well as Mormons. Enforced segregation of African Americans within or outside of white Protestant churches furthered a sense of Protestant whiteness. When, by the late 19th century, Protestantism became elided with white middle class expectations of productive work, leisure, and social mobility, it was largely because of the early 19th-century cultural associations Protestants had built between white Protestantism, republicanism, and civilization.
The fact that the largest categories of immigrants in the late 19th century came from non-Protestant cultures initially reified connections between Protestantism and American nationalism. Immigrants were identified as marginally capable of American citizenship and were simply considered “workers.” Protestant expectations of literacy, sobriety, social mobility, and religious practice helped construct Southern and Eastern European immigrants as nonwhite. Like African Americans, New Immigrants were considered incapable of fulfilling the responsibilities of American citizenship. Fears that Catholic and Jewish immigrants, like African Americans, might build lasting American institutions to change the cultural loci of power in the country were often expressed in religious terms. Groups such as the No-Nothing Party, the Ku Klux Klan, and the Immigration Restriction League often discussed their nationalist goals in terms of historic connections between the nation and Anglo-Protestantism. During the Great Depression and the long era of prosperity in the mid-20th century, the Catholic and Jewish migrants gradually assimilated into a common category of “whiteness” and American citizenship. However, the newly expansive category of postwar whiteness also further distanced African Americans, Native Americans, Asian Americans and others as perpetual “foreigners” within a white, Protestant, Christian nation.
Russell Jeung and Jonathan Calvillo
In 2010, immigrants represented 13 percent of the United States population, and almost one in four American children lived at home with an immigrant parent. Over half of the population growth in the United States from 2000 to 2010 was due to the increase of Hispanics, and currently, the highest number of immigrants come from Asian nations. This influx of immigrants has not only increased the percentage of people of color in the United States, at 28 percent, but has also dramatically altered the religious landscape of the country. The decline in the number of American Christians signals this shift, as does the growth of the religiously non-affiliated, Hindus, and Muslims. In the past century, sociologists have accounted for religious change by employing theories of secularization, assimilation, and modernization.
For more recent religious change in regard to ethnicity and race, however, four processes are more salient: (1) the religious marketplace, (2) globalization, (3) multicultural discourse production, and (4) racialization. The religious marketplace continues to cater to spiritual consumers who have become increasingly diversified with the influx of new immigrants and the rise of “spiritual but not religious individuals.” The United States has thus remained a religiously vital context, with a strong supply of religious groupings. Globalization has spurred more transnational religious networks, which have increased the flow of religious personnel, ideas, and organizations across borders. New immigrants, furthermore, enter an American host society that is segmented economically. Consequently, ethnic groups do adapt to their neighborhoods, but in different contexts and in dissimilar manners. With the increase in multicultural discourse, ethnic groups may choose to retain their ethnicity and religious heritages for symbolic pride. Finally, race, as a central organizing concept in the United States, is a basis by which religious groups mobilize for spiritual interests. As religious groups become racialized, such as how Islamophobia targets persons with similar physical features, they respond with reactive solidarity.
John L. Crow
Sectionalism denotes the division of a country, such as the United States, into sections based on shared cultures, religions, and racial, economic, and political identities. These sections then compete, putting their interests over those of the other sections. In the case of the United States, one of the most significant sectional conflicts was the Civil War, where North and South battled due to conflict over racial, economic, religious, and political differences. However, sectional conflict can be seen as early as British colonialism during which time the colonies competed with each other and with their governments in Europe and later as other sections such as the West developed its own characteristics and interests. Religion and race were frequently at the core of sectional conflicts, in everything from the Revolutionary War, the drafting of the Constitution, the failure of compromise regarding slavery, and the intermittent battles with Native Americans over land and religious practice to the emergence of the West and the great immigration and religious innovation that took place there. In all these cases, sections constructed identities in which race and religion were fundamental and were also significant points of contention. Even today, at the beginning of the 21st century, sectionalism continues with geographic sections still battling for dominance, and cultural sections square off in what is commonly called the culture wars.
Craig R. Prentiss
With the slow realization that race was not a category in nature, but rather the fruit of social imagination emerging from colonialism, scholars in the late 20th century shifted their focus to the cultural elements feeding that imagination, including religion and the arts. Although most studies in the field address fairly conventional constructions of religion and the arts (two categories that, like race, have also been destabilized), some studies reveal the potential for these three categories to be co-constituting. Studies addressing religiously themed music, including spirituals, gospel, hip-hop, and a significant portion of country music, have shed light on the ways in which these genres encode and inform racial paradigms. Portraits in theater, dance, and film of ideas and practices associated with Christianity, Judaism, Buddhism, and other social groupings have proven active sites for the production of influential, and often competing, conceptions of race. Stereotypes linking religious and racial classifications are perpetuated as well as challenged in these artistic media. Given that the racial imagination in the United States is articulated using the language of color, painting and sculpture have been instrumental in conveying vivid connections between race and religion. For instance, many paintings celebrating Christianity’s triumph over America’s indigenous people concurrently depicted white dominance over them as well. A theological system rooting skin color in divine decree, like the Church of Jesus Christ of Latter-day Saints did in its Book of Mormon, helped assure a fair-skinned and fair-haired Jesus would populate its art. The politics of Jesus’ color continued to be played out in painting and sculpture in the United States to the present day, and exemplifies the interaction of racial, religious, and artistic categories.