On February 4, Dallin H. Oaks, an apostle of The Church of Jesus Christ of Latter-day Saints and a former state Supreme Court justice spoke at Chapman University School of Law on religious freedom and it’s constitutional history and importance. The Mormon apostle focused on why the constitutional guarantee of religious freedom is important to the future of the United States and on the dangers of religious relativism.

The speech, which received a standing ovation, focused on four main points, that were summarized in this way near the end of his talk:

1. Religious teachings and religious organizations are valuable and important to our free society and therefore deserving of their special protection.
2. Religious freedom undergirds the origin and existence of this country and is the dominating civil liberty.
3. The guarantee of free exercise of religion is weakening in its effects and in public esteem.
4. This weakening is attributable to the ascendancy of moral relativism. 

Elder Oaks reminded listeners that religious freedom was a founding principle of the new nation and that religion has had a powerful and positive influence on the good changes to our nation.

The earliest documents of the country mention God and religion openly, without fear of censorship. The Declaration of Independence warned the king that “all men are created equal, that they are endowed by their creator with certain unalienable rights…”  This statement suggests that the founding fathers understood that human rights are derived from God and religious sources, not the secular desires of humans. Many of these unalienable rights, which had their foundations in religious freedom, found their way into the legal system. Elder Oaks reminds us that the Constitution itself has a foundation in religion. “Its formation over 200 years ago was made possible by religious principles of human worth and dignity, and only those principles in the hearts of a majority of our diverse populations can sustain that Constitution today.

Because the Constitution is the foundation of religious freedom, Elder Oaks discussed what the Constitution says on the subject and what it means.

“The first provision in the Bill of Rights is what many believe to be its most important guarantee. It reads: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.’

“The prohibition against ‘an establishment of religion’ was intended to separate churches and government, to forbid a national church of the kind found in Europe. In the interest of time I will say no more about the establishment of religion, but only concentrate on the First Amendment’s direction that the United states shall have ‘no law [prohibiting] the free exercise [of religion.]’ for almost a century this guarantee of religious freedom has been understood as a limitation on state as well as federal power.

“The guarantee of religious freedom is one of the supremely important founding principles in the United States Constitution, and it is reflected in the constitutions of all 50 of our states. As noted by many, the guarantee’s ‘pre-eminent place’ as the first expression in the First Amendment to the United States Constitution identifies freedom of religion as “a cornerstone of American democracy.”15 The American colonies were originally settled by people who, for the most part, came to this continent for the freedom to practice their religious faith without persecution, and their successors deliberately placed religious freedom first in the nation’s Bill of Rights.

So it is that our federal law formally declares: “The right to freedom of religion undergirds the very origin and existence of the United States.”16 So it is, I maintain, that in our nation’s founding and in our constitutional order religious freedom and its associated First Amendment freedoms of speech and press are the motivating and dominating civil liberties and civil rights.”

The history of good changes in this nation is often also a history of the efforts of religious people and churches. It is through the churches that much of the charitable work in the country is done and it is from the pulpit that many of the humanitarian changes to The United States’ practices first took hold. Without religion, many millions would be suffering as the resources for financing and volunteer service would disappear, both here and world-wide. For instance, Mormons operate LDS Charities and Humanitarian Aid to provide assistance world-wide, regardless of religion, because Jesus commanded His followers to feed the hungry, clothe the poor, and care for the sick. Mormons, like other Christians, work to emulate the Savior and so they are highly motivated to do good things for the world God made them. Christians, Jew, Muslims, and other religious people take that desire to help into other aspects of their lives, both religious and secular.

“Our nation’s inimitable private sector of charitable works originated and is still furthered most significantly by religious impulses and religious organizations. I refer to such charities as schools and higher education, hospitals, and care for the poor, where religiously motivated persons contribute personal service and financial support of great value to our citizens. Our nation’s incredible generosity in many forms of aid to other nations and their peoples are manifestations of our common religious faith that all peoples are children of God. Religious beliefs instill patterns of altruistic behavior.

Many of the great moral advances in Western society have been motivated by religious principles and moved through the public square by pulpit-preaching. The abolition of the slave trade in England and the Emancipation Proclamation in the United States are notable illustrations. These revolutionary steps were not motivated and moved by secular ethics or coalitions of persons who believed in moral relativism. They were driven primarily by individuals who had a clear vision of what was morally right and what was morally wrong. In our time, the Civil Rights movement was, of course, inspired and furthered by religious leaders.”

Elder Oaks pointed out that if religious people had been banned from the public square during those times, as people are trying to do today, the end of slavery, civil rights for racial minorities, and other critical issues might not have been achieved.

Dallin Oaks also quoted an agnostic Oxford-educated journalist, Melanie Phillips, who said, “One does not have to be a religious believer to grasp that the core values of Western Civilization are grounded in religion, and to be concerned that the erosion of religious observance therefore undermines those values and the secular ideas they reflect.”

A survey of our most basic laws demonstrates a correlation to early religious values, including many found in the Ten Commandments or even earlier. As an example, God punished Cain for killing his brother after the first murder, and murder is an unquestioned illegal act in our society under most circumstances. Many of the values taught in the Bible and preached on Saturday or Sunday are also coded into our laws. In the earliest days of our country laws were based on religious values and many of those laws have survived.

Elder Oaks discussed the government’s role in eroding religious freedom over time, pointing out that these efforts were often leveled at smaller religions with less influence and power to fight back. He accepted that there must occasionally be restrictions on religious freedom, primarily in the case of danger to health or security of others. He argued, however, that in most cases, religious freedom should be a priority over other types of freedoms, and suggests its separate mention and prominent placement in the Bill of Rights demonstrates original intent by the Founding Fathers to secure that freedom above other freedoms.

Elder Oaks suggests the cause of the campaign to end or reduce religious freedom stems from the growing tradition of moral relativism. He told listeners that people are increasingly deciding that all morality, authority, and rules should be man-made and can be changed to meet the current fashions of the time. Many even believe every person should be able to create his or her own morality without consequence. Nothing, according to some is absolute or true.

Elder Oaks quoted Rabbi Harold Kushner:

“As I see it, there are two possibilities. Either you affirm the existence of a God who stands for morality and makes moral demands of us, who built a law of truthfulness into His world even as He built in a law of gravity…Or else you give everyone the right to decide what is good and what is evil by his or her own lights, balancing the voice of one’s conscience against the voice of temptation and need…”

He also referred listeners to Timothy Keller, a popular pastor, author and speaker, and the founder of Redeemer Presbyterian Church in New York City:

“Though we have all been taught that all moral values are relative to individuals and cultures, we can’t live like that. In actual practice we inevitably treat some principles as absolute standards by which we judge the behavior of those who don’t share our values…People who laugh at the claim that there is a transcendent moral order do not think that racial genocide is just impractical or self-defeating, but that it is wrong….”

Elder Oaks called for an end to moral relativism and for religious groups and people of character to work together to protect morality. He suggested this didn’t require the groups to accept each other’s doctrines or even to care in what ways the doctrines are the same or different. It requires only unity in the belief that there are permanent standards of right and wrong and that those standards are set by God, not man.

“I am not proposing a resurrection of the so-called “moral majority,” which was identified with a particular religious group and a particular political party. Nor am I proposing an alliance or identification with any current political movement, tea party or other. I speak for a broader principle, non-partisan and, in its own focused objective, ecumenical. I speak for what Cardinal Francis George described in his address at Brigham Young University just a year ago. His title was “Catholics and Latter-day Saints: Partners in the Defense of Religious Freedom.” He proposed

“that Catholics and Mormons stand with one another and with other defenders of conscience, and that we can and should stand as one in the defense of religious liberty.  In the coming years, interreligious coalitions formed to defend the rights of conscience for individuals and for religious institutions should become a vital bulwark against the tide of forces at work in our government and society to reduce religion to a purely private reality. At stake is whether or not the religious voice will maintain its right to be heard in the public square.”

We join in that call for religious coalitions to protect religious freedom.”

Read the complete speech on religious freedom and the constitution.

Mormons have a long history of coping with religious intolerance. From their earliest days, they were persecuted and chased out of the places they lived. They were the only religious group with a government-issued extermination order (from the state of Missouri).

Over the years, as they have gained safety and a measure of acceptance, they have joined their voices with others to promote religious tolerance for other groups, including respect for that which a religion might consider sacred.

Recently, the Mormons issued a statement condemning the planned burnings of the Quran by another church. “A key tenet of our faith is to accord everyone the freedom to worship as they choose. It is regrettable that anyone would regard the burning of any scriptural text as a legitimate form of protest or disagreement.”

The Mormons have a document listing thirteen articles of faith—essential aspects of their religion. The eleventh says, “We claim the privilege of worshiping Almighty God according to the dictates of our own conscience, and allow all men the same privilege, let them worship how, where, or what they may.”

This seemingly simple statement of religious tolerance actually encompasses a great picture. The United States, where the Mormon Church was first organized, was designed to protect religious freedom. While the country has not always honored that commitment, the laws allow religious people to continue to push for that freedom. Although Mormons state without apology that they are the restored gospel of Jesus Christ, that does not alter their commitment to other religions, knowing their own religious freedom is dependent on the religious freedom of others. The statement says that we will work to protect our religious freedom, but not hamper the religious freedoms of others. The final part has three aspects of protecting religious freedom: How, Where, and What.

How refers to the religious practices of a religion. Mormons have very specific practices related to baptism, marriage, and other religious tenants. However, we are taught to respect the differences in the way other religions practice. Often, that means learning something about the religious practices of others and even joining in them from time to time. Just as Mormons enjoy inviting others to visit their church activities, they enjoy participating in religious rituals with others. A recent news story told of Mormons invited by a local Muslim group to participate in iftar, the breaking of the fast of Ramadan. The Mormons visited the local Muslim center, enjoyed a meal, and joined the Muslims to observe the traditional prayer, the Mormon women donning head scarves. An attendee noted that their devotion to their beliefs was as strong as that of the Mormons, even though they carried it out in somewhat different ways. Mormons understand their own beliefs are not threatened by respecting the religious practices of others.

The second part of this statement involves where worship occurs. When Mormons set out to build a new temple or chapel, they frequently have to battle people who don’t want a Mormon building in their neighborhood or even their town. People frequently don’t want anyone who worships differently than they do in their neighborhood or near something important to them. However, Mormons teach that it is not up to an outsider to decide where another person can conduct his worship, whether it involves building a Mormon temple or praying in a park.

Respecting what a religious person worships is the final part of the trilogy. This can include sacred scriptures, including the Bible, the Book of Mormon, the Quran, or the Torah. Mormons are taught to respect sacredness, both in their own religion, and the sacred things of another. They learn that they must follow the teachings of Jesus and treat others the way they wish to be treated, which means they must treat the scriptures, buildings and other sacred things of other religions in the same way they wish their own to be treated.

In 1978, the Church issued a statement on our view of other religions:

Based upon ancient and modern revelation, The Church of Jesus Christ of Latter-day Saints gladly teaches and declares the Christian doctrine that all men and women are brothers and sisters, not only by blood relationship from common mortal progenitors but also as literal spirit children of an Eternal Father.

The great religious leaders of the world such as Muhammed, Confucius, and the reformers, as well as philosophers including Socrates, Plato, and others, received a portion of God’s light. Moral truths were given to them by God to enlighten whole nations and to bring a higher level of understanding to individuals.

The Hebrew prophets prepared the way for the coming of Jesus Christ, the promised Messiah, who should provide salvation for all mankind who believed in the gospel.

Consistent with these truths, we believe that God has given and will give to all peoples sufficient knowledge to help them on their way to eternal salvation, either in this life or the life to come.

We also declare that the gospel of Jesus Christ, restored to his Church in our day, provides the only way to a mortal life of happiness and fulness of joy forever. For those who have not received the gospel, the opportunity will come to them in the life hereafter if not in this life.

Our message therefore is one of special love and concern for the eternal welfare of all men and women, regardless of religious belief, race, or nationality, knowing that we are truly brothers and sisters because we are sons and daughters of the same Eternal Father. (God’s Love for All Mankind” statement by the First Presidency, February 15, 1978).

Personal Response by Lance

I served for two years as a Mormon missionary for the Church of Jesus Christ of Latter-day Saints (the Mormon Church) in Mississippi and Louisiana. It was the greatest experience of my life. I loved sharing the gospel with the people of the South because so many of them have deep faith in the Lord Jesus Christ. They were very kind to us missionaries coming to their door. I cannot count the number of people who let me into their home, as a complete stranger, to share what I believe. I learned that “southern hospitality” is very real and I believe it is because the people have good Christian values. There were also many people who turned us away but even this was usually done politely.

I was asked many times by the faithful people of the South why I was trying to convert people who are already Christian. Many are living very honorable lives and serving their fellow men as they put their trust in Jesus Christ. They would ask why we don’t send our Mormon missionaries to other parts of the world where people don’t know about Jesus Christ. I would explain that we do. We have missionaries all over the world speaking almost every language. We also have Mormon missionaries who are devoted to humanitarian aid. We try in every way that we can to help God’s children and bring them back to Him through His Son, Jesus Christ.
They would still wonder why they as Christians needed to talk to me. As I pondered this question, the answer came to me very powerfully in the form of a question: “Why would any Christian not want to know that Jesus Christ has restored His church to the earth, the very church that we read about in the New Testament?” I would simply explain to those who didn’t understand why I served in the South, that the message that we bring is from God and that He sent us out to share it with everyone.
Our message is very simple and extremely important. God is our Father in Heaven, and He loves us very much. By sinning we cut ourselves off from His presence and He has prepared a way for us to return to live with Him (John 3:16). Throughout all of time God has called prophets (See Amos 3:7) to teach us that this way is through His Son, Jesus Christ (John 14:6). Jesus Christ truly suffered and died for our sins that we might be forgiven and He was resurrected so that we will all live again. These prophets that teach of Jesus Christ hold the authority of God to lead us and keep the doctrines of Christ’s gospel pure. Jesus Christ himself taught His gospel when He came to the earth, and He established His church on the “foundation of the apostles and prophets, Jesus Christ himself being the chief corner stone” (Ephesians 2:20).
God is a God of order and the Church that was established by Jesus Christ was very well organized. He called apostles, prophets, evangelists, pastors, teachers and others to help build up the Saints and bring everyone to a “unity of the faith”. The church was established to bring everyone to “a knowledge of the Son of God” (See Ephesians 4:11-13).
Sadly, before everyone could be brought to a knowledge of the Son of God and be brought to this unity of faith, Jesus Christ and the leaders of His church were killed. The Lord prophesied that this would happen. He said to his disciples on the Mount of Olives, “Then shall they deliver you up to be afflicted, and shall kill you: and ye shall be hated of all nations for my name’s sake. And then shall many be offended, and shall betray one another, and shall hate one another. And many false prophets shall rise, and shall deceive many” (Matthew 24:9-11).
This prophecy was fulfilled. The very foundation of Jesus Christ’s church was destroyed, and the followers of Christ were left to interpret things on their own. Without the authority of God, or the priesthood, men interpreted the scriptures in many different ways and started the many different denominations that we see in the world today. The unity of the faith that was to be established was not achieved and we now have many different religions with highly varying beliefs.
I loved serving in the South because, in sharing the creation of Jesus Christ’s church and the following apostasy or falling away, many people came to understand something that they had been trying to figure out for a long time. I met so many people that had attended many different churches and couldn’t understand why the teachings were so much different and why the churches competed so much with each other. I loved being able to explain that Jesus Christ had established His church but that it was lost.
I was then able to explain the answer to the question I was asked so many times: “Why was I talking to people who were already Christian?” I was able to explain that Jesus Christ didn’t want His church gone forever and that He has restored it to the earth to prepare the way for His second coming. Because they could see the results of the confusion that had resulted following the apostasy, many of the people of the South recognized the need for this restoration of Jesus Christ’s original church.
The Church was restored through the prophet Joseph Smith. Much like the people of the South that I was talking to, Joseph had seen the confusion of the many churches in New York as he was growing up. He searched long and hard trying to find out which church to join. He did what all of us must do to find answers from God. He studied his scriptures and he prayed. In the spring of 1820, he went to a quiet grove of trees near his home and prayed vocally to our Father in Heaven. He prayed to know which of all the churches he should join. He had an incredible experience in which he saw God our Father and his Son Jesus Christ.
He said of this experience, “I saw a pillar of light exactly over my head, above the brightness of the sun, which descended gradually until it fell upon me . . . when the light rested upon me I saw two Personages, whose brightness and glory defy all description, standing above me in the air. One of them spake unto me, calling me by name and said, pointing to the other—This is My Beloved Son. Hear Him!” (Joseph Smith History 1:16-17)
Joseph was called as a prophet, and Jesus Christ established His church again on the earth in these last days through him. I loved being able to share with the people of the South that the Mormon church, The Church of Jesus Christ of Latter-day Saints, is the Lord’s church again established on the earth. I saw people’s lives change as they came unto Jesus Christ and lived by His teachings. It was an incredible experience to see someone recognize that the Lord didn’t stop speaking in ancient times but that He has again called prophets and apostles to guide us in these troubling times.
There were also many people that didn’t believe what we taught. I had never had so many people question my beliefs from every angle. This caused me to study my scriptures more and pray to my Father in Heaven to know what was true. I found from God through the power of the Holy Ghost that the message that I was sharing is true. I know that Jesus Christ is my Savior and that He is leading His church today through a modern prophet and twelve apostles. As my knowledge and testimony of this grew stronger and stronger, I would say to people, “I’m here to tell you that this is true. Your neighbor will tell you something else is true. You can ask me what is true. You can ask your pastor what is true. You can ask anyone what is true, but I don’t want you to get your answer from any of us. I want you to get your answer from God through prayer and scripture study. That is the only way that I know for myself.”
Even though many didn’t believe what I taught and even heavily questioned my beliefs, I was amazed at the kindness that they showed to me and the other missionaries. I have some great friends that I still keep in touch with that are active members of other faiths. These friends include pastors and leaders of other churches. It is one of our articles of faith in the Mormon church that “we claim the privilege of worshiping Almighty God according to the dictates of our own conscience, and allow all men the same privilege, let them worship how, where, or what they may.” (Articles of Faith 1:11).
As Mormons, we believe in allowing others to believe as they desire. We still try to share our beliefs with everyone and when I am asked why I share my beliefs with other Christians I will continue to respond with the question, “Why would any Christian not want to know that Jesus Christ has restored His church to the earth, the very church that we read about in the New Testament?”