Should Congress Protect Christians From Religious Discrimination

The Facebook post below inquires whether Congress should safeguard Christians against religious discrimination. A more pertinent legal question is whether Congress has the legal and constitutional authority to protect Christians from such discrimination.

To address this question, we need to reference the First Amendment of the Constitution.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." First Amendment, The Constitution of the United States of America

The Constitution explicitly prohibits Congress from enacting a law that establishes a religion. Nonetheless, this is not the matter at hand. The issue raised in the Facebook post pertains to Congress enacting a law to prevent discrimination against Christians, rather than addressing religion in general or those who do not adhere to any religion. Is Congress able to do that?

If Congress enacts a law that solely safeguards Christians and excludes other faiths or religions, it is effectively establishing a religion and hindering the free exercise of religion. Conversely, if Congress passes a law that broadly prohibits religious discrimination, it aligns with the First Amendment, provided it also extends protection to non-religious groups and individuals.

The First Amendment aims to prevent religious discrimination and allows individuals of all faiths to practice their religion freely. It also provides religious groups with free-speech rights, whether they are Christian or non-Christian. The objective is to safeguard both free speech and the free exercise of religion for everyone.

Thus, if Congress enacts a law to prevent religious discrimination for all religions, it can do so without breaching the Constitution. However, Congress cannot focus on one religion without safeguarding all. Furthermore, the anti-discrimination law must also include protection for the non-religious.

Thomas Jefferson stated in his second inaugural address on March 4, 1805,

"In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the General Government."

Therefore, Jefferson recognized the importance of the free exercise of religion, all religions not one over the other.

However, answering the question goes much further. Take, for example, the following:

“Article VI provides that ‘no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” This clause ensures that religious belief or nonbelief cannot be used as a condition for holding public office, reflecting the framers’ view that public service must be open to all citizens regardless of faith.” Cornell Law School

Religious freedom signifies precisely that—freedom of religion. It should remain independent of government influence or control.

Now, let's return to the initial question from the Facebook post:

Should Congress protect Christians from Religious Discrimination?

The answer is no; Congress cannot specifically shield Christians from religious discrimination, but it might be able to safeguard all religions equally without giving preference to any single one. Enacting a law that applies universally to all religions could be suitable, with the goal of preventing discrimination against all faiths, not solely Christianity. Nevertheless, the Constitution also provides individuals the right to abstain from practicing any religion. What about their rights? The right not to practice a religion is equally as important as the right to practice one. 

When considering the intent of the Constitution, Congress cannot enact a law to prevent religious discrimination without ensuring it is broad enough to protect those who do not follow any religion, as both groups are entitled to the constitutional freedoms afforded to everyone. Anti-discrimination laws should be designed to prevent bias against Christians, non-Christians, or those who do not practice any religion. Properly crafted laws can protect the rights outlined in the Constitution.

So, should Congress safeguard Christians against religious discrimination? From a constitutional perspective, yes, but this protection must extend to all religions, and to believers and non-believers alike.

Stuart F. James (stuartfjames@sfjameslaw.com)