“The freedom of the Church is a pregnant phrase,” writes Fr. John Courtney Murray, S.J. His thoughts as articulated in “We Hold These Truths” mean, in the first place, the freedom of the Church as a spiritual authority to carry out her divine commission. But, secondly, it means the freedom of the Church as the Christian people to live within her fold an integral supernatural life, a life with inherent super-political dignity that transcends the goals and power of the state. The Church then lays claim to immunity from subordination to the state and its temporal ends. The chief example of this is matters dealing with the dignity of the whole person, marriage and the family.
Religious freedom is freedom from coercion; it is the absence of constraints and restraints on individuals in their efforts to pursue freely the positive values of religion. In this sense, the first colonists were united in their determination to worship freely and without constraints or restraints from government and society.
Religious freedom is the recognition of the inviolability of the human person, individually and in association with others in what concerns religious belief and action. In other words, the people are united in their religious freedom to believe and practice without any governmental coercion, restraints or constraints. The political or civil freedoms of the First Amendment, unlike later freedoms or rights, were assurance against coercive action by government and society. (Francis Canavan, S.J., “Religious Freedom: John Courtney Murray, S.J. and Vatican II”)
In an address given on April 4th 1943, the Venerable Fulton J. Sheen observed what was both startling and obvious. “A proof that we are in danger of losing our freedom,” he said, “is that everyone is talking about it. Picture a group of men on a roof-top proclaiming in song and story the glories of architecture, while below saboteurs have already knocked out half the foundations of the house – and you have the picture of modern freedom.”
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Vatican II’s Declaration on Religious Freedom (1965)
The conciliar fathers spoke to the issue of religious freedom, though they could not have imagined the urgency their words would take on in 2012. Religious communities, they wrote, “have the right not to be hindered in their public teaching and witness to their faith, whether by the spoken or by the written word.” In addition, religious communities “should not be prohibited from freely undertaking to show the special value of their doctrine in what concerns the organization of society and the inspiration of the whole of human activity.”
The Religion Clause of the First Amendment
We celebrate our liberty in law, and the establishment clause has two parts: the government (a) shall make no law establishing a religion, and the government (b) shall not prohibit the free exercise thereof. This clause is a good law but not a religious law; it is not an article of faith but an article of peace in a pluralistic society. What can be further stated about the First Amendment?
1. America has proved by experience that political unity and stability are possible without uniformity of religious belief and practice, without the necessity of any governmental restriction on any religion.
2. In areas allotted to the government, it is easier to differ without civil strife when religious differences are excluded.
3. The Catholic Church, for example, is better off when left alone to carry out its identity and its mission. Why? Because religious freedom is guaranteed not only to the individual Catholics but to the Church as an organized society with its own law and jurisdiction. In other words, “this independent authority has been the essential element of freedom in the political tradition of the Christian West.” (Canavan)
Anti-Catholicism in the United States
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Anti-Catholicism, the last acceptable prejudice in the United States, has a long history, but a new anti-Catholicism has taken on a subtle coloration – coercion by the government in the name of freedom. It appears as the virtuous counterpart of hatred; it is alive and well.
In 1642, the Virginia colony, and later the Massachusetts Bay colony, passed laws prohibiting Catholics from settling there, but the law was repealed within ten years. In 1719, Rhode Island imposed civil restrictions on Catholics, but in Pennsylvania, and then in Maryland toleration of Catholics was permitted.
In the entertainment industry, Catholics are prime targets for writers, for film and television producers who hold contempt for the Church and do so with stunning ridicule. This is because the Church is still viewed as profoundly set apart in the modern culture by reason of her high standards and teachings. The Church is a thorn in the side of a visual culture that is secularized and sexualized.
Coercive Power, St. Thomas More, and St. John Fisher
“These are the times that try men’s souls.” It was true for Thomas Paine, and it remains true today. It was true in 1534, when Henry VIII declared himself the supreme head of the Roman Catholic Church in England. He demanded an oath of fealty from his subjects when his request to Rome for an annulment from his wife Catherine was refused – an annulment that would annul the first annulment to marry her. Sir Thomas More and Bishop John Fisher would not bend to a divorce that would free him to marry Anne Boleyn. For this reason, he made a spectacle of them and had them beheaded. They were neither the first Englishmen nor the last to suffer torture and death for the sake of their faith.
In Robert Bolt’s play, “Man for All Seasons,” there is an early and tense encounter between Cardinal Wolsey and Sir Thomas. The Cardinal asks the King’s future short-lived Chancellor to come along with all the rest. More replies with prescience: “Well, I believe, when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos.” At his mock trial, the future saint declared, “I am the king’s good servant, but God’s first.”