“[T]he effect of the religious freedom Amendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[…] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse.”

— Robert H. Jackson

Dissenting in Everson v. Board of Education of Ewing Township, 330 U.S. 1 (1947)
Judicial opinions

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Robert H. Jackson 96

American judge 1892–1954

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“Our country was established on the basis of freedom of religion, and the Constitution states there would never be any religious test for any public office. It is a freedom enshrined in our Constitution, and that every member of Congress takes an oath to protect — a freedom that many heroes have given their lives to defend. Nothing is more important to our democracy than this freedom.”

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“People keep framing this as a religious freedom issue, but there's a difference between practising your religion — which everyone has the right to do — and rubbing your religion in people's faces as a triumphalist political statement, which is what's happening here.”

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“There was a sense of mission in the members of the Constituent Assembly to draft a Constitution which would preserve the pluralism and essential oneness, and the unity and integrity of India. Our Constitution ensures that India remains a secular State. People belonging to different religious denominations who are all part of our vibrant pluralistic society, are guaranteed the freedom to practice their own religions. I might add that these Rights under our Constitution are available even to those who are not citizens of India.”

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“Between a good and a bad economist this constitutes the whole difference: the one takes account only of the visible effect; the other takes account of both the effects which are seen and those which it is necessary to foresee.”

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Immanuel Kant (1724–1804) German philosopher

“Religion is usually nothing but a supplement to or even a substitute for education, and nothing is religious in the strict sense which is not a product of freedom.”

Karl Wilhelm Friedrich Schlegel (1772–1829) German poet, critic and scholar

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“Freedom means free speech, not politically correct safe spaces. Freedom means religious freedom, whether you are Christian, Jew, Muslim, or atheist. Whether you are gay, or straight, the Bill of Rights protects the rights of all of us to live according to our conscience. Freedom means the right to keep and bear arms, and to protect your family. Freedom means that every human life is precious and must be protected. Freedom means Supreme Court Justices who don't dictate policy, but instead follow the Constitution. And, freedom means recognizing that our Constitution allows states to choose policies that reflect local values. Colorado might decide something different than Texas. New York different than Iowa. That's the way it's supposed to be, diversity. If not, what's the point of having states to begin with?”

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“… the fact is that while we have become the most religious of any of the predominantly Christian first world nations, (due to repeated surges in rural revivalism) the US in its infancy was once the most secular government in history. The original colonies were primarily peopled by refugees fleeing religious persecution in other countries. But almost upon arrival, the Puritans only continued that practice against native Shaman, then against Quakers, and even each other –over religious differences. Catholics to the South were even worse! The founding fathers however were largely Deists, the least devout form of theism. They were brilliant men who knew better than to let religion rule over law because theocracy has in all instances almost automatically violated human rights and it inevitably always does. Consequently, the irreligious and non-Christian framers of the American Constitution produced the first government ever to grant all its citizens the right to religious freedom, and they did so by forbidding the government from sponsoring or promoting one religion over any other. Because it is not possible to have freedom of religion without having freedom from religion.”

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“Many have sacrificed their lives for our freedoms, and of course among the first and the founding freedoms of our country was that of religious liberty. Does a service member have to forfeit their constitutional right when they put on the uniform?”

Neal Buckon (1953) American Roman Catholic bishop

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“I have said that this Nation as founded on a Christian perspective of the nature of man, that we derive our rights from God and not from government. And part of that perspective is that every individual enjoys human rights without regard to what the majority wants. Every individual enjoys human rights, like religious freedom and freedom of conscience, including the freedom not to worship. That is what I have said. That’s what I believe in. That goes to the core of what I believe in. It is, I believe, the perspective of the American form of government, and I have been faithful in my record as Attorney General in defending the Constitution when it comes to issues like religious freedom.”

William H. Pryor Jr. (1962) American judge

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