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The history of race, religion, and law in the United States is a story about who gets to be human and the relevance of human difference to political and material power. Each side in this argument marshaled a variety of scientific, theological, and intellectual arguments supporting its position. Consequently, we should not accept a simple binary in which religion either supports or obstructs processes of racialization in American history. Race and religion, rather, are co-constitutive. They have been defined and measured together since Europeans’ arrival in the western hemisphere. A focus on legal history is one way to track these developments.
One of the primary contradictions in the relationship between religion and race in the U.S. legal system has been that, despite the promise of individual religious free exercise enshrined in the Constitution, dominant strands of American culture have long identified certain racial and religious groups as a threat to the security of the nation. The expansion of rights to minority groups has been, and remains, contested in American culture. “Race,” as Americans came to think about it, was encoded in laws, adjudicated in courts, enforced through government action, and conditioned everyday life. Ideas of race were closely related to religious and cultural assumptions about human nature and human origins. Much of the history of the United States, and the western hemisphere of which it is part, is linked to changing ideas about—even the emergence of—a terminology of “race,” “religion,” and related concepts.
Throughout his academic life, Martin Luther was in constant discussion with philosophy. He was prepared for this with a substantial study of philosophy at the University of Erfurt, finishing with a master of arts degree. In many parts of Luther’s work, there are explicit discussions of philosophy, in the interpretation of biblical texts and in the definition of theological concepts. Quite early in his theological career, Luther became aware of the problematic dominance of Aristotelian scholastic philosophy in the formation and definition of theological concepts. He was always attempting to develop a clear distinction between philosophy and theology, which freed theology from the concepts of Aristotelian philosophy and from the limits of Aristotelian logic, but the same time respected the significance of philosophy. As Luther preferred clear critique and often used strident language for this, his sometimes polemical critique of philosophy, logic, and “the philosopher” (Aristotle) was often interpreted as a fundamental dismissal of philosophy. Since the late 20th century, research has presented a very different picture of Luther’s understanding of philosophy, of the role and significance he gave to philosophy theoretically and in his practical academic work, and of the relation of Luther’s references to Aristotle and the concrete Aristotelian philosophy in scholasticism, as well as to the relationship between theology and philosophy in general. All this research showed how deeply Luther was rooted in the philosophical discourses and contexts of late scholasticism and involved in the debates of nominalism. But this research also made clear how Luther successfully struggled to come to a very different model of the relationship between theology and philosophy than the models of scholasticism, which secured the independence of both intellectual disciplines despite their close relatedness their relatedness. Luther’s understanding of philosophy and philosophy’s significance for theology is closely related to his concept of reason. Again, there is some polemical critique of reason in Luther’s writings, but in fact Luther had a high appreciation of reason, when reason was in exploring the physical, social, and psychic reality and in shaping the natural, social, and moral world. Luther was critical and polemical toward reason when it was used in matters of faith. But although the use of reason in theology had its limits, it was nevertheless indispensable in theological work. This was especially clear in Luther’s hermeneutics, as reason was the means to come to the external clarity of biblical texts in the process of interpretation.
Martin Luther was a subject of the Elector of Saxony in the Holy Roman Empire. His emergence as a reformer was made possible by the sponsorship he received in Wittenberg. He owed his survival to the protection afforded him by the Elector when Emperor Charles V outlawed him and ordered that the papal ban of excommunication be enforced in the empire. The audience to which Luther appealed was the general population of German Christians, both lay and ecclesiastical, who wanted a reform of the church and the reduction of the pope’s influence over it. That his appeal resonated so widely and so profoundly had much to do with a combination of crises that had developed in the empire from the 15th century. That his reform proposals resulted in the formation of a new church owed everything to the political structures of the empire. These facilitated the suppression of radical challenges to Luther’s position. They also thwarted every effort Charles V made over several decades to ensure that the empire remained Catholic. Lutheranism became entwined with the idea of German liberty; as a result, its survival was secured in the constitution of the empire, first in 1555 and then in 1648.
Frank C. Senn
The Reformation era was one of the most fertile times for liturgical revision in the history of Christianity between Late Antiquity and the late 20th century. New theological ideas, based on a study of the Bible and combined with humanist historical and literary scholarship, created dissatisfaction with the received medieval rites. Each of the great reformers undertook the work of liturgical reform, often producing two or more liturgical orders. Important Reformation liturgical work includes the reform proposals of Martin Luther, their implementation in official church orders, the very different approach to liturgy in the orders prepared by Ulrich Zwingli at Zürich, the worship of sectarian groups of Brethren and Anabaptists, the mediating Protestant liturgies that evolved in Strassburg and their influence on John Calvin in Strasbourg (there were German and French congregations in this city that straddled Germany and France; to indicate Bucer’s and Calvin’s liturgies, I use both the German and French spellings of the city) and Geneva, the liturgical changes that occurred in England during the reigns of Henry VIII and Edward VI, the work of the Scottish reformer John Knox among English exiles on the continent during the reign of Queen Mary Tudor and later in Scotland, the compromises of the Elizabethan settlement, the efforts of the Catholic Church to respond both to the Protestant attacks on traditional teachings and practices and to the frustrations of their own clergy with liturgies that had become overburdened with accretions of dubious historical veracity and literary quality and the complications of a cluttered calendar, and two final examples of Reformation liturgy among the New England Puritans and the Westminster Directory in the 17th century. The Reformation was a time of growing divisions between Christian people, especially in practices of public worship. But Protestants and Catholics were also responding in similar ways to cultural challenges that they themselves could not see. In their various ways they were turning away from rituals that concerned the body and toward doctrinal issues that engaged the mind. Reformation worship, both Protestant and Catholic, increasingly focused on informed (i.e., catechized) participation in new rites nurtured by a clear proclamation of the word and administration of the sacraments.
Concepts of religion and humanity form an integral component of Mesopotamian narrative literature, and these ideas are evidenced in the frequent exploration of themes involving mortality and immortality, power and authority, and creation and destruction. Through the use of plot, characterization, literary themes and techniques, and also structure, Mesopotamian myths and epics transmit religious ideas and beliefs, as well as informing on cultural identity and meaning. In both oral and written transmission, storytelling is a powerful medium for exploring ancient theology.
Religious ideas are expressed in a wide array of Mesopotamian literary works, and while some features, such as the polytheistic view of the divine hierarchy, remain generally constant, different texts and “genres” show changes in focus and in the perception of the divine and the human. While deities and supernatural creatures have a prominent role in literature, Mesopotamian myth is not only concerned with theistic matters, but also with what it means to be human.
It is often observed in modern scholarly works that humans, in the Babylonian Flood narrative of Atrahasis, and the creation myth of Enuma Elish, were born to serve the gods and perform their menial tasks. This is undoubtedly an important observation for the analysis of humanity and religion, yet the presentation of human/divine relations as one of simple subjection gives a misleading and superficial impression of the interaction between the mortal and divine spheres, one that is at odds with the subject’s complexity, variety, and subtlety.
Myths and epics provide a multifaceted picture of a number of different types of relationships between gods and humans: even in the narrative of Atrahasis, individual deities interact with humans in different ways; there is no “one size fits all” divine connection in Mesopotamian literature. Despite a rigid hierarchy in favor of the divine, these relationships are frequently close, involving strong emotional bonds. The human/divine connection is not solely beneficial to either party, but reciprocal and often mutually rewarding. At the same time, the relations between humans and deities can be destructive and damaging—with the harm most often depicted to occur on the human side, possibly because of the vulnerability offered by mortality and the lack of supernatural abilities. Humanity is reflected in the anthropomorphic representations of deities and also the sociomorphism of their family-oriented community structure. For heroes of epic literature, the divine connection can be perilous, but also rewarding. The success of heroes in accessing divine support is frequently (but not exclusively) linked to the morality of their actions.
Religion and humanity in literature concern not only deities’ interactions with humans, but also how the authors of literature conceptualized and gave meaning to the human condition. It is clear from Mesopotamian literature that close, positive relationships with the divine were important for survival and success during the human lifespan (and even beyond), yet at the same time, the answer to questions of finding meaning in mortal existence is at times presented in very human terms. Love, alongside shared human achievements and experiences, is presented in several literary sources as essential for giving meaning to the human condition.
The relationship between religion and the body can be viewed from two very different perspectives. The first perspective emphasizes culture’s role in constructing human thought and behavior. This approach illuminates the diverse ways that religious traditions shape human attitudes toward the nature and meaning of their physical bodies. Scholars guided by this perspective have helped us better understand religion’s complicity in such otherwise mysterious phenomena as mandated celibacy, restrictive diets, circumcision, genital mutilation, self-flagellation, or the specification of particular forms of clothing.
Newly emerging information about the biological body has given rise to a second approach to the body’s relationship to religion. Rather than exploring how religion influences attitudes toward our bodies, these new studies investigate how our biological bodies exert identifiable influences on our religious thoughts, feelings, and behaviors. Neural chemistry, emotions, sensory modalities, pain responses, mating strategies, sexual arousal systems, and genetic personality predispositions all influence the personal salience of religious beliefs or behavior. Attention to the biological body unravels many of the enigmas that formerly accompanied the study of such things as the appeal of apocalyptic beliefs, the frequent connection between religion and systems of healing, devotional piety aiming toward union with a beloved deity, the specific practices entailed in ascetic spirituality, or the mechanisms triggering ecstatic emotional states.
John C. Pinheiro
The death and carnage that accompany war usually lead participants to seek transcendent meaning in their suffering as well as in their defeat or victory. This was especially true of the Mexican War, a conflict that deeply affected the growth of civil religion in the United States even as it tested the limits of religious pluralism. Religion gave Americans the most effective means of making sense out of their conflict with Mexico, even as it helped them solidify a national identity as a providentially blessed republic of Anglo-Saxon Protestants.
The Mexican-American War of 1846–1848 was tremendously consequential for both countries. Its immediate cause lay in a dispute over territory claimed by both countries along the border of the newly annexed American state of Texas. Mexican and American troops clashed there on April 25, 1846. The U.S. Congress, though not without some grumbling, quickly responded to a request by President James K. Polk and declared war on Mexico.
In the war, the U.S. Army invaded Mexico by land and sea, taking the capital on September 14, 1847. Other than a few skirmishes and scattered guerrilla attacks, the fighting war was over. In the Treaty of Guadalupe Hidalgo ending the conflict, Mexico ceded nearly its entire northern frontier—one-third of its territory—to the United States.
The war occurred on the heels of the Second Great Awakening and amid the westward migration of the new, much-persecuted Church of Jesus Christ of Latter-Day Saints, or Mormons. At the same time, heavy Irish immigration had reawakened a latent anti-Catholicism, resulting in new political parties, fights over religion in public schools, and deadly anti-Catholic rioting. While evangelical Protestants got to work refining a civil-religious discourse that depended for its intelligibility on anti-Catholicism, nativist politicians began adopting Christian terminology. Thus, the war between the overwhelmingly Protestant United States and Catholic Mexico became the means by which anti-Catholicism emerged as integral to American identity and American belief in a God-given, special mission to the world: spreading liberty and republican government, along with their prerequisite, Protestant Christianity.
Religion impacted the war in other important ways. The U.S. Army sponsored the Mormon Battalion, the only regular U.S. Army unit ever organized along religious lines. Religion also played a role in the formation by American deserters of the Mexican army brigade known as the San Patricios. And despite U.S. government policy to the contrary, a few U.S. soldiers, inspired by recruiters and derogatory descriptions of Mexican religion by American writers and preachers, vandalized and robbed Mexican churches and committed other atrocities. Meanwhile, the war challenged Protestant pacifists and abolitionists, who wondered whether an otherwise evil war could produce the good fruit of opening Mexico to Protestant missionaries or excising Catholicism from the continent.
As a result of the brief but far-reaching Mexican-American War, Americans now possessed a civil religious sentiment and common identity that was intelligible only within a Protestant milieu and through a distinctively American anti-Catholic discourse.
Hans G. Kippenberg
An instruction manual consisting of four sheets in Arabic was found with three of the four teams that performed the terror attacks on the United States on September 11, 2001. The writing conceived of the action as a raid (ghazwa), as we know it from early Islamic history. It instructed the teams how to perform the ghazwa correctly. Purifying their intentions by recitals, rituals, and bodily cleaning, they turn their attack into an act of worship. A part called the “second stage” anticipates the issue of assuring divine protection at the airport. Finally “a third stage” urges the teams to act in the plane according the practice of the Prophet and to achieve martyrdom.
To understand the manual and its framing of the violence, six dimensions will be analyzed: (1) Arguments for and against the authenticity of the document are discussed. (2) The attack happened in the wake of a declaration of war by the “World Islamic Front for the Jihad against Jews and Crusaders” in 1998, signed by Osama bin Laden and leaders of other jihadist groups. (3) The message spread across the Internet and was accepted by various groups that regarded the situation of Islam as threatened, among them a group of young Muslim men in Hamburg. A network called al-Qaeda emerged. (4) The present world is dominated by the power of ignorance and hubris (jahiliyya). The manual prescribed an attack in terms of the raids (ghazwa) of the Prophet in Medina. (5) The manual presumes a particular communal form of organizing militant Muslims. (6) It celebrated militancy of Muslims and presupposed a fighter’s ethos in the diaspora. An argument is made that the American concept of terrorism as a manifestation of evil and immorality destined to be eradicated militarily by the United States and their allies ignores the secular character of conflict and accelerates the cycle of violence.
Sanctuaries and ritual traditions commonly gained prestige through claims of antiquity; conversely, novelty was an accusation occasionally leveled against groups such as the Christians. Yet ritual geography and practices were, in practice, always liable to revision, and it is evident that certain gods, holy places, and rituals had precise historical origins. How was change introduced, managed, and understood in the ancient Mediterranean world? Several varieties of innovation can be differentiated: (1) Many city-states had defined procedures for introducing new gods and initiating new collective rituals: those procedures were often envisaged as involving the active participation of the gods, as instigators or approvers of change. As in all religious systems balances were to be struck between existing religious authority, wherever vested, and the prophets, priests, and others who gained from the change; (2) Another variety of innovation represented homeostatic reactions to other changes, such as the foundations of cities, disasters survived, the fall or rise of monarchies, and the like; (3) Potentially most disruptive were those innovations brought by migration and/or the transfer of ideas and rituals across the connected Mediterranean world. The spread of mystery religions, of astrology, and of new gods provide examples of this. Certain societies were more receptive than others to this kind of novelty. Religious innovations of the first two kinds were often assimilated into the loosely bounded ritual systems of antiquity, but other changes had a cumulative effect that changes the religious geography permanently.
Michael J. McVicar
The phrase Religious Right refers to a loose network of political actors, religious organizations, and political pressure groups that formed in the United States in the late 1970s. Also referred to as the Christian Right, representative organizations associated with the movement included Jerry Falwell’s Moral Majority, Tim LaHaye’s Council for National Policy, Beverly LaHaye’s Concerned Women for America, and Ed McAteer’s Religious Roundtable. Leaders and organizations associated with the Religious Right made a broad-based religious appeal to Americans that emphasized traditional family values, championed free-market economics, and advocated a hard-line foreign policy approach to the Soviet Union. They also criticized secular and materialistic trends in American culture that many in the Religious Right associated with the moral and economic decline of the nation. The organizations of the Religious Right had a major influence on the 1976 and 1980 presidential elections by directly affecting the political fortunes of Jimmy Carter and Ronald Reagan. Although many of the organizations declined and disbanded in the late 1980s and throughout the 1990s, some of the organizations of the Religious Right persisted into the 2000s and continue to shape policy discussions, drive voter turnout, and influence religious and political life in the United States.
Although actors in the Religious Right appealed broadly to the conservative cultural sensibilities of Americans from Protestant, Catholic, Mormon, and Jewish backgrounds, the movement most capably mobilized white evangelical and fundamentalist Christians. The decentralized nature of evangelical Protestantism means that organizers associated with the Religious Right mobilized coalitions of activists and rank-and-file members from large conservative denominational bodies such as the Southern Baptist Convention, the Presbyterian Church in America, and the Missouri Synod of the Lutheran Church, while also drawing support from independent churches associated with Reformed, Pentecostal, charismatic, and nondenominational Protestantism. Further, the term Religious Right has also been used by scholars and journalists alike to identify a broad ecumenical coalition of activist Catholics, Mormons, Jews, and other cultural conservatives who have made common cause with Protestants over social issues related to sexual morality—including resisting abortion rights, combating pornography, and fighting against rights for homosexuals—since the 1970s.
Scholars often trace the roots of the Religious Right to the Fundamentalist-Modernist controversy, a series of theological and institutional disputes that split conservative Protestants in the early 20th century. In the intervening decades between the 1920s and 1970s, conservative evangelicals and fundamentalists developed an institutional subculture of churches, colleges, and voluntary societies that created a popular perception of their withdrawal and isolation from mainstream social and political culture in the United States. Nonetheless, throughout the century conservative Protestants contributed to many political controversies, playing important roles in framing debates over public, economic, and foreign policy. By the late 1970s a unique convergence of social changes and new developments in law, politics, and media led to the emergence of a distinct coalition of special interest political groups that have since been labeled the Religious or Christian Right. These groups had a profound effect on electoral outcomes and public policy debates that has persisted well into the 21st century.