What is Religious Freedom?

What Is Religious Freedom?

The First Inalienable Right

The very first amendment to the U.S. Constitution reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (US Constitution). Thus freedom of religion became the first freedom that paved the way for the other freedoms that Americans enjoy. But encompassed in the term freedom of religion is the freedom to think, to act upon one’s conscience, to express what one believes, without fear of persecution.

No State-Sponsored Religion

Based on this first amendment, the Founding Fathers of the United States did not establish a state religion, paving the way for every citizen to seek out religious truth for themselves. For immigrants arriving from many nations, the ability to search their own conscience, listen to the opinions of others, and speak their own religious opinions was a freedom they had not known since Martin Luther famously nailed his 95 theses to the door of the Castle Church in Wittemberg, Germany.

What It Means Today

The First Amendment has equal efficacy for those who do and do not profess a religion per se. It is understood that it would be against the Constitution for anyone to be forced to adhere to a set of religious beliefs, or to be forbidden to worship according to a set of religious beliefs. However, there is a moral component to the amendment that affects all Americans whether they profess a religion or not. It can be expressed as freedom of conscience: the right to think and believe and also to express and act upon what one deeply believes according to the dictates of one’s moral conscience.

This freedom is one that is enjoyed in every free country. It is a mark of civilization and should not be abused. Implicit is the right not only to enjoy freedom of religion/conscience, but to allow others to enjoy it also.

The Religious Freedom Restoration Act

"On a sunny day in November 1993, President Bill Clinton walked onto the South Lawn of the White House to sign a piece of legislation he saw as nothing short of miraculous.

"The bill, called the Religious Freedom Restoration Act, had come together through the combined efforts of Democrats and Republicans, evangelicals and Muslims, The Church of Jesus Christ of Latter-day Saints and the ACLU, and many, many other groups willing to put aside their political and religious differences to strengthen legal protections for people of faith.

"It had been shepherded through the Senate by two legendary leaders of their respective parties: Democratic Sen. Ted Kennedy of Massachusetts and Republican Sen. Orrin Hatch of Utah. . . .

"In the 30 years since Clinton spoke those words on Nov. 16, 1993, the Religious Freedom Restoration Act has done what its diverse array of supporters hoped it would do. It’s enabled people of faith, including members of minority religions, to challenge policies that interfered with their religious practices and, in many cases, to win.

"But in other ways, the law has become something its more liberal supporters, at least, did not bargain for. In recent years, the Religious Freedom Restoration Act has been cited repeatedly in culture war battles, including high-profile clashes over birth control and gay rights.

"That explains why, on the act’s 30th anniversary, the public conversation around it is less about all that it’s made possible and more about whether it needs to change. There are multiple bills in front of Congress that would limit the scope of the Religious Freedom Restoration Act, which stem from some people’s belief that it’s begun to cause harm.

"But if these efforts to reform the law succeed, many people of faith will find it harder to run schools, open businesses, lead charities and do any number of other activities that benefit the common good. The coalition behind the Religious Freedom Restoration Act never promised uncontroversial results; it focused on keeping religious communities active in the public square. . . .

“'I’m told that as many of the people in the coalition worked together across ideological and religious lines, some new friendships were formed and some new trust was established. The power of God is such that even in the legislative process miracles can happen,' Clinton said."[1]

The Impact of Religious Freedom

When religious freedom is observed, society benefits. Recent studies have shown:

• Religious freedom promotes stability in a pluralistic society, but when limited, it correlates to increased violence and conflict.

• Wherever religious freedom is high, there is more economic prosperity, better health, lower income inequality and prolonged democracy.

• Religious freedom directly correlates with the protection afforded other civil and human rights; if some agency can control the yearnings of faith and conviction, then that agency could, in James Madison’s words, “sweep away all our fundamental rights,” such as freedom of speech, press and assembly (Church Newsroom Article on Religious Freedom).

Latter-day Saint Views on Religious Freedom

One might ask why religious freedom means so much to Latter-day Saints. Religious persecution, something the original Quaker pilgrims were fleeing when they came to America in the first place, has plagued mankind. Even in the United States, prejudice still rages against Muslims, Jews, even Catholics in some areas. Latter-day Saints too were subject to terrible persecution in the early days of the Church. (See, for example, Persecutions in Missouri.) Although that physical persecution has waned, the lessons learned keep the great blessing of freedom of religion foremost in the minds of Latter-day Saints.

Early in 2012, as a demonstration of the solidarity of the Church of Jesus Christ with many other religious leaders, Bishop H. David Burton, then Presiding Bishop of the Church, signed an open letter promoting religious freedom and marriage (Church News Article). In February 2011, Dallin H. Oaks, then one of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, delivered an address on preserving religious freedom at the Chapman University School of Law (Text of Address). Previously, Elder Oaks testified in support of the Religious Freedom Restoration Act before the U.S. House Judiciary Committee’s Subcommittee on Civil and Constitutional Rights on 13 May 1992.

In 1997, Elder Russell M. Nelson, then of the Quorum of the Twelve Apostles, was among 20 prominent religious leaders named by the U.S. secretary of state to advise the State Department on addressing human rights abuses against people of all religions.

Elder Quentin L. Cook of the Quorum of the Twelve Apostles remarked, “There has always been an ongoing battle between people of faith and those who would purge religion and God from public life. Many opinion leaders today reject a moral view of the world based on Judeo-Christian values. In their view there is no objective moral order. They believe no preference should be given to moral goals. Still, the majority of people aspire to be good and honorable” (“Let There Be Light”, 2010).

The fourth in a series on religious freedom concludes with this statement, “Mormons cherish religious freedom by virtue of both their history and their faith. But while they have special reasons to cherish religious freedom, they do not make special claims on it; like Joseph Smith, Mormons want to see these freedoms preserved and protected for all. At a time when challenges to religious freedom are increasing, it is the responsibility of all people of faith and conscience to understand and to advance this fundamental human freedom for themselves and their neighbors. Mormons find they have ample reason to keep this charge” (“Why Religious Freedom Matters to Mormons”).

Elder David A. Bednar of the Quorum of the Twelve Apostles spoke during the Religious Freedom Annual Review, hosted by the Brigham Young University Law School. The broadcast on June 17, 2020, was streamed live only due to the COVID-19 pandemic.[2]

Elder Bednar warned there is a danger in limiting a religious organization’s right to gather. “Gathering, in short, is at the core of faith and religion. Indeed, if the faithful are not gathering, sooner or later they will begin to scatter. And because gathering lies at the very heart of religion, the right to gather lies at the very heart of religious freedom.” When the pandemic hit, congregations of many faiths around the world canceled worship services and other activities to abide by government restrictions for large group gatherings to slow the spread of the coronavirus. “I believe it is vital for us to recognize that the sweeping governmental restrictions that were placed on religious gatherings at the outset of the COVID-19 crisis truly were extraordinary,” Elder Bednar explained. “No other event in our lifetime—and perhaps no other event since the founding of this nation—has caused quite this kind of widespread disruption of religious gatherings and worship.” . . . “This time of restriction and confinement has confirmed for me that no freedom is more important than religious freedom,” said the senior leader of the global faith. “Protecting a person’s physical health from the coronavirus is, of course, important, but so is a person’s spiritual health.”[3]

On October 14, 2020, Elder Bednar also spoke at the G20 Interfaith Forum, hosted by the Kingdom of Saudi Arabia.[4]

What, then, should government officials understand about the role of religion — both in society and in the life of each believer? Faith communities help billions of people find meaning and purpose, Elder Bednar said. They transmit “moral and social truths to the next generation.” These, he added, are vital functions. This is why, Elder Bednar noted, religious freedom is recognized in international law as a “non-derogable” right (see, for example, Article 18 of the Universal Declaration of Human Rights and this charter from the United States Commission on International Religious Freedom). “Non-derogable” means religion is a freedom that is inviolable, even in emergencies.[5]

Faith leaders gathered in Rome, Italy, for the 2022 Notre Dame Religious Liberty Summit, held July 20-22, 2022. During the Summit, they visited significant sites in the historic city steeped with religious significance, including the Vatican. President Dallin H. Oaks, First Counselor in the First Presidency, offered the keynote address at the summit on July 20. He called for “a global effort to defend and advance the religious freedom of all the children of God in every nation of the world.”[6]

At the time of the summit, the Church News published a three-part series on religious liberty.

Church News, Part 1, "Why does religious liberty matter?"

Church News, Part 2, "Religious liberty is at the core of what it means to be human"

Church News, Part 3, "President Dallin H. Oaks: ‘We have got to think about religious freedom for all the children of God’"

Elder Ulisses Soares of the Quorum of the Twelve Apostles told global faith leaders gathered in Washington, D.C., on Monday, February 3, 2025, that protecting religious freedom is “a key to peace and stability” around the world.

The Apostle of The Church of Jesus Christ of Latter-day Saints spoke at the opening reception of the 2025 International Religious Freedom (IRF) Summit, held at the House of the Americas. This is an annual two-day summit that supports religious freedom worldwide. More than 90 organizations representing more than 30 faith traditions are participating to discuss ways to advance international religious freedom. According to IRF, nearly 80% of people around the world live in countries with high levels of restrictions on religion.[7]