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Part I: Topic Summaries

Below is a compiled list of brief Summaries (Part I) of each Topic. Click on a Topic title to go to that Topic's Outline (Part II). Buttons at the bottom of each page allow you to navigate to the Topic's expanded Analysis (Part III) and relevant Quotes from Church leaders (Part IV).


Category A | Frameworks

Topic 1 | Principled pluralism

Principled pluralism is a strategy for living together with our deep differences (religious and otherwise), without requiring anyone to give up their deep convictions. Principled pluralism will not require people to limit manifestations of their convictions any more than is necessary for living together peacefully and to protect the rights and freedoms of others. It provides a more sustainable strategy for addressing diversity of thought and protecting religious freedom than other governance frameworks such as multiculturalism, moralism, or other forms of pluralism, such as laïcité or Judeo-Christian secularism.

Topic 2 | Constitutional space

A primary goal of principled pluralism is to create “constitutional space” for diverse communities to live in peace and harmony. “Constitutional space” is a metaphor to illustrate the principled application of constitutional protections afforded religious freedom and other fundamental rights as they converge in the public square.

Topic 3 | Fairness for all

“Fairness for all” is a principled approach for seeking the mutual vindication of multiple important rights and interests, such as religious freedom and nondiscrimination on the basis of sexual orientation or gender identity (SOGI). The basic idea is that, before attempting to balance or trade off rights against one another, we should look for ways to simultaneously expand protections for rights that are, or seem to be, in conflict, or to limit each in narrow and principled ways.

Topic 4 | First freedom

Religious freedom is often called our “first freedom,” not only because it appears at the beginning of the U.S. Constitution’s First Amendment but also because it is foundational for other freedoms, including freedom of speech, freedom of the press, and freedom of association and assembly.

 

Category B | Principles

Topic 5 | Civil sphere versus religious sphere

One of English philosopher John Locke’s key contributions to political theory and our understanding of religious freedom was his categorical demarcation between the civil sphere and the religious sphere, and the importance of setting “the just bounds that lie between the one and the other.” According to Locke, the civil sphere should focus on the “care of the commonwealth” and the religious sphere on “a concernment for the interest of men’s souls.”

Topic 6 | Protecting conscience and conscientious objection

Conscience encompasses all deeply held convictions of an individual regarding what is right and wrong, including those based on religious belief. Conscientious objection, or “appeal to conscience,” is the refusal to follow a legal requirement based on conscience. Historically, state protection of conscience arose from the protection of religion-based conscientious objections to military service. If a state fails to protect religious conscience, the state will almost certainly fail to protect other conscience claims as well. Religion-based conscience claims have a heightened salience because of their appeal to an obligation higher than positive law. If duty to God is viewed as being insufficient to justify protecting conscience, then we should expect the state to view other grounds for protecting conscience, such as personal autonomy, to be insufficient as well.

Topic 7 | Avoiding statism

A commitment to religious freedom can help avoid statism, the belief that all rights exist only after the state enacts rights. Both the U.S. Declaration of Independence and the Universal Declaration of Human Rights are grounded in the idea that certain fundamental rights are inherent and unalienable to the human person. The state does not create or bestow these rights; rather, it enacts laws to recognize, promote, and protect fundamental rights that people already possess by virtue of their being human. One of these unalienable constitutional and human rights is the right to freedom of religion.

Topic 8 | Distinguishing secularism and secularity

Secularism takes many forms, but it often represents an ideology that promotes a secular state and the formation of secular citizens. Secularity, in contrast, is a more modest concept that is designed to provide a framework for pluralism. While secularism can degenerate into its own type of rigid fundamentalism, secularity can help create the constitutional space for individuals and groups to live together, even with deep differences with respect to religious or other systems of belief.

Topic 9 | Religious identity

For many people, their religious identity is as foundational and constitutive of their personal identity as other components of identity—such as race, nationality, sexual orientation, or gender—can be to an individual’s sense of identity. Religious identity should be recognized and respected along with other identities.

Topic 10 | Equal citizenship

Equal citizenship is the political manifestation of the moral principle of human dignity. It refers to the idea that all citizens should be equal in status and rights, without regard to their religious identity or other identity differences. In 2016, 300 Islamic scholars and leaders issued the Marrakesh Declaration, a consensus document that affirms equal citizenship as an Islamic principle and a framework principle for constitutional governance in Muslim-majority countries.

Topic 11 | Tolerance, respect, love

Tolerance, respect, and love are important and valuable concepts, but each is most efficacious in different spheres of legal, political, moral, and religious life. It is helpful to think of tolerance as primarily a legal and political principle, respect as primarily a political and moral principle, and love as primarily a moral and religious principle.

 

Category C | Discrimination

Topic 12 | Religious discrimination

At times it is better to frame arguments for religious freedom around the concept of religious discrimination rather than making direct appeals to religious freedom. Efforts to protect individuals or other groups from discrimination can sometimes result in discriminatory treatment of religious individuals or groups. For audiences who are very sensitive about equality norms, it is important to highlight that unlawful discrimination includes discrimination on the basis of religion.

Topic 13 | Conviction is not discrimination

Adhering to one’s religious convictions usually does not involve unlawful discrimination against others. One of the most frequent criticisms of religious freedom is that it is a claim for the right to discriminate against others. This is usually a distortion of religious belief and practice and often rests on a misguided oversimplification about what constitutes unlawful discrimination.

Topic 14 | Same-sex marriage

Opposing same-sex marriage on religious grounds is not unlawful discrimination. Both the dicta in the U.S. Supreme Court case Obergefell, which held that the Fourteenth Amendment requires states to license and recognize same-sex marriages, and the statutory language of the Respect for Marriage Act affirm that objecting to same-sex marriage on religious grounds in not unlawful discrimination. There are good faith moral, religious, and legal reasons for opposing same-sex marriage, and attempting to silence expressions of those stances is counterproductive and often unconstitutional.

Topic 15 | Distinguishing civil marriage and holy matrimony

Much of the controversy around same-sex marriage is a result of conflating the civil and religious dimensions of marriage. It is possible to support civil marriage (or civil unions) for same-sex couples while believing that marriage as a religious rite or ordinance (such as holy matrimony or a temple sealing) should be conducted in accordance with religious doctrine or law.

Topic 16 | Navigating FoRB and SOGI claims

Although it can be difficult to balance and reconcile religious freedom and belief (FoRB) claims with sexual orientation and gender identity (SOGI) claims, often it is not impossible. Several principles can help in navigating and resolving conflicting rights claims: (1) a universal commitment to the human dignity of everyone involved can help build empathy and respect between parties; (2) the effort to balance and reconcile rights should focus on creating a safe environment for everyone involved; and (3) the conversation should focus on the parties’ interests rather than their positions. Once interests align, parties are more willing and able to come to a pluralistic solution that is fair and balanced.

 

Category D | Human Rights

Topic 17 | UDHR Article 18

The most widely accepted articulation of freedom of religion and belief (FoRB) is found in Article 18 of the Universal Declaration of Human Rights (UDHR), which was adopted unanimously by the General Assembly of the United Nations in December 1948. Article 18 states that “everyone has the right to freedom of thought, conscience, and religion,” including the right to change one’s religion or belief; the right to practice one’s religion or belief in public or private, alone or in community with others; and the right to manifest one’s religion or belief through teaching, practice, worship, and observance. While the UDHR is an important normative statement, it does not itself directly create binding legal obligations on states. Nevertheless, Article 18 is the universal “standard of achievement” and aspirational benchmark that religious freedom efforts ought to be measured against. Additionally, the UDHR and, more particularly, Article 18 have shaped legally binding treaties as well as jus cogens (mandatory, universally accepted norms in international law) and many constitutional and statutory provisions that protect freedom of religion and belief.

Topic 18 | ICCPR Article 18

Article 18 of the International Covenant on Civil and Political Rights (ICCPR) guarantees individuals the right to freedom of thought, conscience, and religion. As of 2024, 174 countries have ratified the ICCPR, which means these countries have made a solemn, legally binding commitment to protect the right to freedom of thought, conscience, and religion. This includes the right of individuals to adopt a religion or belief of their choice; to practice a religion or belief in public or private, individually or in a community; and to be free from coercion that would limit the freedom to choose a religion or belief.

Topic 19 | Human dignity for everyone everywhere

“Human dignity for everyone everywhere” highlights the universal value of human dignity as a cornerstone principle in advancing and safeguarding the rights and well-being of individuals worldwide. Article 1 of the Punta del Este Declaration on Human Dignity for Everyone Everywhere begins, “The inherent human dignity of all people and the importance of respecting, promoting, and protecting human dignity for everyone everywhere is the foundational principle and the key objective or goal of human rights, as well as an invaluable criterion for evaluating laws, policies, and government actions for how well they accord with human rights standards.” The protection of human dignity for everyone everywhere necessarily includes protections for freedom of religion or belief.

Topic 20 | Human rights and FoRB

Freedom of religion or belief (FoRB) is a fundamental human right, recognized in nearly every human rights instrument and in most constitutions adopted since the end of World War II, which marked the beginning of the human rights era.

Topic 21 | Human rights are universal, indivisible, interdependent, and interrelated

Human rights instruments, beginning with the Vienna Declaration and Programme of Action, adopted at a World Conference on Human Rights in 1993, emphasize that human rights are universal, indivisible, interdependent, and interrelated. Freedom of religion or belief should be understood as part of this tapestry of fundamental human rights.

Topic 22 | Religious freedom as the grandparent of human rights

Religious freedom is sometimes referred to as the grandparent of human rights, reflecting both its early significance as the oldest internationally recognized human right and its relation to other basic human rights, including freedom of speech, freedom of the press, freedom of association, and freedom of assembly. Going back to rights documents as early as the Magna Carta (1215), some form of religious freedom has been recognized as a right. Recognizing religious freedom as a progenitor of the human rights family and preserving family ties to that grandparent right are necessary for all rights in the human rights family to flourish.

 

Category E | Perspectives

Topic 23 | Religious freedom is a canary in the coal mine

Religious freedom is sometimes called “a canary in the coal mine,” to illustrate that when religious freedom is violated, other human rights are also at risk. Coal miners often carried canaries with them in underground mines because the canaries were more sensitive to poisonous gases. A canary that lost consciousness or died was evidence of an unhealthy environment that posed danger to people as well. Similarly, violations of religious freedom are an early warning sign that other important rights and freedoms are also in jeopardy.

Topic 24 | Everyone is a religious minority

We all belong to a religious minority. Although some religions comprise a majority in one or another particular geographic area, no religion encompasses a majority of the world’s population. According to the Pew Research Center, the largest religious groups in the world are Christians (31.2%), Muslims (24.1%), and the unaffiliated (16%), followed by Hindus (15.1%), Buddhists (6.9%), and folk religionists (5.7%). Perhaps more than any other single realization, remembering that we all belong to a religious minority should help guide how we behave when we find ourselves in a majority position in some particular place and time.

Topic 25 | Moving beyond sectarian disputes about religious truth

Religious freedom can help us move beyond arguments about religious truth. We can disagree about religious truth while sharing a deep commitment to religious freedom. Religious freedom does not protect religious truth from criticism or opposition; rather, it protects human beings in their right to seek, choose, embrace and follow religious truth.

Topic 26 | Navigating other differences

Religious freedom helps us navigate other differences. When we become comfortable and adept at navigating religious differences, we become better at handling other differences and disagreements. This is true on both an individual and a societal level.

Topic 27 | Standing for and with others

One of the most important ways we can advocate for religious freedom is to stand up for the religious freedom of those not of our faith. Religious freedom must be for all people in all places. In addition to standing for others, we can promote religious freedom when we stand with others in efforts to protect this right.

Topic 28 | The right to be wrong

If it is to have any meaning, religious freedom must mean that we as human beings have the right to make choices concerning our own beliefs. This means we have the right to be wrong. This is true even if we are wrong in matters of conscience, including matters of religious truth, and even at the peril of our own soul.

Topic 29 | Macro and micro

Some practical problems can be solved by focusing on specific micro issues even when there is strong disagreement on the bigger picture. Conversely, sometimes agreement can be forged on the macro level even if there are significant differences on particular issues. Both strategies can be used to find common ground, but which strategy is appropriate will depend on circumstances.

Topic 30 | Civil discourse versus the outrage industrial complex

The term “outrage industrial complex” was coined to describe patterns of contemporary political discourse (especially online discourse) that “strokes our own biases while affirming our worst assumptions about those who disagree with us.” Religious freedom is best promoted through facilitating and engaging in civil discourse, focused on the human dignity of all, rather than making excessive emotional appeals.

 

Category F | Doctrines

Topic 31 | Understanding limitations

While religious freedom is a universal right, it is not an absolute or unlimited right. A clear understanding of the boundaries of legitimate limitations on religious actions or manifestations is important. We can think of these principles as placing “limits on limitations” of religious freedom.

Topic 32 | Non-establishment and free exercise

The U.S. Constitution’s First Amendment provides, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” These two provisions, the Establishment Clause and the Free Exercise Clause, both serve a single objective: religious freedom for all. The Establishment Clause (or, more accurately, Non-establishment Clause) does this by guaranteeing that there will be no state religion and that religious groups should be treated equally. The Free Exercise Clause does this by limiting the types of burdens the state can place on religious actions or manifestations.

Topic 33 | Institutional autonomy

The concept of religious (sometimes called “church”) autonomy refers to the institutional dimensions of religious freedom. While we often think of religious freedom as an individual right (and it is), there are also important institutional aspects of freedom of religion as well. In the United States, church autonomy is based on both non-establishment and free exercise principles. Since autonomy encompasses values of equality as well as freedom, it is also grounded in the concept of nondiscrimination.

 

Category G | Extrinsic Benefits

Topic 34 | The good religion does

One way to promote religious freedom is to highlight and articulate the good things that religion does, both for individuals and for society. The list is long and robust (although sometimes contested).

Topic 35 | The good religious freedom does

While it is true that religion can be a source of, or contribute to, conflict and other problems, religious freedom is usually the solution to the ills created by religion.

Topic 36 | Bundle of associated social goods

Social scientists have observed that a “bundled commodity” of closely associated rights and liberties, which includes the right to religious freedom, correlate with a bundle of social goods. These include security, gender equality, innovation, education, health, and the development and persistence of democracy.

Topic 37 | Religious freedom facilitates social stability and even harmony

Religious freedom can facilitate social stability and even harmony. As Voltaire observes in Letters Concerning the English Nation (1733), “If one religion only were allowed in England, the Government would very possibly become arbitrary; if there were but two, the people would cut one another’s throats; but as there are such a multitude, they all live happy and in peace.”

Topic 38 | Religious freedom as a tool for peacemaking

While peace and peacemaking are central concepts in most religions, religion and religious freedom are often viewed as major sources of contention, conflict, and even violence. However, studies belie that perception, showing that high levels of religious freedom actually defuse religious violence and foster peaceful societies. Moreover, religious individuals and organizations have special resources and are uniquely positioned to contribute to peacemaking and peacebuilding processes.