Religious Discrimination In America

For the entirety of the United States’ existence, freedom of religion has been a guiding principle of the nation. Despite, or perhaps because of, the deep, varied religious heritage of many Americans, America was the first country in history to abolish religious requirements for civic engagement (Edwards). However, paradoxically, the United States also has a history of religious discrimination, as seen in historical bigotry towards Catholics, some Protestant sects, Jews, Atheists, Mormons, Muslims, and other marginalized groups. Indeed, the conflict between America’s secular ideal and its often faith-dominated reality is a common theme in American history, continuing to this day. After the terrorist attacks of September 11, 2001, persecution

In the recent 2016 presidential election, some candidates used such techniques by calling for the government to add a religious test to the refugee screening process. Though they claim such measures are necessary to ensure Americans’ safety from the terrorists of the Islamic State, the proposed test for refugees from war-torn countries violates the establishment and free exercise clauses of the First Amendment of the United States Constitution, and would jeopardize the liberty of all Americans.

Taking advantage of the public’s fear of terrorism, many presidential candidates have pushed for a religious test for refugees. On November 14, 2015, in the aftermath of the terrorist attacks in Paris of the previous day, Senator Ted Cruz of Texas stated in an interview on Fox News that “The Obama-Clinton plan to bring in tens of thousands of Syrian Muslim Refugees is utter lunacy”

In Larson v. Valente, the Supreme Court ruled that “the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another” (Larson v. Valente), and a religious test is the definition of officially preferring one religious denomination over another. Also in Larson v. Valente, the Court stated that “this Constitutional prohibition of denominational preferences is inextricably connected with the continuing vitality of the Free Exercise clause” (Larson v. Valente). In Epperson v. Arkansas, the Supreme Court was even clearer, ruling that “the First Amendment mandates governmental neutrality between religion and religion … The State may not adopt programs or practices … which ‘aid or oppose’ any religion … This prohibition is absolute” (Epperson v. Arkansas). Any religious test put in place for refugees certainly violates the absolute prohibition on governmental programs to which the Supreme Court makes reference which aid or oppose any religion Therefore, because of the clear preference that it would put in place, such a test for refugees would violate both the Establishment and Free Exercise clauses of the First