Freedom of Religion — Beliefs and Actions

Because religious faith is, arguably, the quintessential example of our right to privacy, to say nothing of its prominent place in our First Amendment, throughout our history court cases involving the free exercise of religion have been handled with great trepidation and with particular care.  One of the milestone “free exercise” religion cases, Davis v. Beason, was decided by the Supreme Court this week (Feb. 3) in 1890. 

The case arose after Congress passed legislation that made polygamy a felony and prohibited polygamists from voting.  In Idaho, where Samuel Davis lived, a similar law was passed requiring all residents voting in elections to swear they were neither bigamists nor polygamists.  Thus when Davis, a Mormon polygamist, was convicted of falsely swearing he was not one — thereby revoking his right to vote — he sued, claiming the law violated his right to the free exercise of his Mormon religion.

The Supreme Court unanimously upheld the Idaho law, and in his opinion Justice Stephen Field wrote, “Bigamy and polygamy are crimes by the laws of all civilized and Christian countries.  They tend to destroy the purity of marriage relations, to disturb the peace of families, to degrade woman and debase man.”

Which is more of an observation than a legal ruling, but Field added that the free exercise clause in our First Amendment was not designed to shield a person from laws that punished citizens for acts, including religious-based acts such as polygamy, that are “inimical to the peace, good order and morals of society.”  Field added that while laws “cannot interfere with mere religious belief and opinions, they may [interfere] with practices.”

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The Great Disappointment

During the War of 1812, William Miller, an officer in America’s army, was dumbfounded when the commander of a large, well-equipped British army inexplicably ordered its withdrawal, despite the fact that it would have destroyed his own force.  Miller later decided that Divine Providence had been his army’s salvation, so Miller, a former Deist, began studying the Bible.  And, lo and behold, in studying Daniel 8:14 he discovered what he thought was the key to predicting the Second Coming of Christ, which would occur between March of 1843 and April of 1844.

Miller concluded, reluctantly, that God had chosen him to spread the word, which he did, and his message struck a chord with an American public — especially the working class — that had an evangelical streak and a predisposition that Judgment Day was at hand.  The Millerite movement soon had millions of followers, helped in great part by the rapid improvements in communications that were then occurring. Millerite pamphlets were quickly disseminated across America.

Miller’s prediction was, of course, wrong, and when the last date within his timeframe passed, he apologized and offered to retire from public life.   But religious fervor was not so easily suppressed, and one of his followers, Samuel Snow, concluded that Miller had used the wrong Jewish calendar to do his calculations.  Using the Jewish calendar of the ancient Karaite sect, Snow calculated that the Second Coming would actually occur on the next Jewish Day of Atonement, set for this week (Oct. 22) in 1844.  Miller’s millions of followers, and Miller himself, quickly switched their faith to this new date, which — due to its specificity — attracted even more converts.

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Proving Jesus Was Crucified

The column I wrote this past Passover week on whether the Jews or the Romans were responsible for the death of Jesus resulted in an avalanche of mail from readers, who pointed out that, theologically-speaking, God the Father was mainly responsible for Jesus’ death, having sent him to Earth to be sacrificed for mankind’s sins, thereby making salvation possible.

True enough, but I was writing from a purely historical standpoint, which begs the question:  How do historians know how Jesus died?  After all, written accounts of Jesus’ life, including the four Canonical Gospels, were written decades after his death by people living far from where the events of his life took place.

The answer is: Historians use certain criteria to determine what is likely true—three criteria in particular.

The first criterion is “multiple independent attestation,” which is a fancy name for many sources.  If stories about Jesus appear in many different written accounts, and those authors weren’t in collusion or weren’t borrowing stories from one another, then the story is probably true.  Since the story of Jesus’ crucifixion shows up in all four Gospels and many other written accounts—and since most of the authors would not have known the other authors—this passes the “attestation” test.

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