Our Constitution speaks, in two different places, about “religion.” It provides, in Article VI, that “religious” tests for federal public office are prohibited. (It is a not-so-fun fact that such tests existed and persisted for a while in several states.) And, of course, the First Amendment forbids Congress from making a “law respecting an establishment of religion” or “prohibiting the free exercise thereof.” Indeed, President Bill Clinton, more than 30 years ago, called the freedom of “religion” our “first freedom.” But what, exactly, are we talking about?
The Problem of “Religion”
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Our Constitution speaks, in two different places, about “religion.” It provides, in Article VI, that “religious” tests for federal public office are prohibited. (It is a not-so-fun fact that such tests existed and persisted for a while in several states.) And, of course, the First Amendment forbids Congress from making a “law respecting an establishment of religion” or “prohibiting the free exercise thereof.” Indeed, President Bill Clinton, more than 30 years ago, called the freedom of “religion” our “first freedom.” But what, exactly, are we talking about?
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