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In a pluralist society, people act according to their own views of right and wrong, except where their actions violate agreed-upon criminal codes. This moral diversity is precisely what the religious right objects to; rather than seek to persuade nonbelievers of its version of the truth, it would simply impose that version on them. Religion enjoys freedom, not a licence to interfere with other people's freedom. The religious right's complaint that Christian values have been left out of public discourse reveals either a basic misunderstanding of our constitutional system or an equally basic disregard for its principles and workings. Religious-based values are not banned from the public arena, but they are not vested with any greater moral force than competing viewpoints, nor are they exempt from rational examination simply because they originate in someone's notion of the divine. The religious origin of opinion does not, in our system, give the opinion any special status in public debate. In a contest between individual freedom and particular religious views, individual freedom must be preferred because it and its corollary, equal protection of the laws, are what the American constitutional system holds sacred. Scriptural views are not exempt from dispute and have no special status within our constitutional framework.

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Almost all Americans accept some religious values as a part of our public life. We are a religious people, many of us descended from ancestors who came here expressly to live their religious faith free from coercion or repression. But we are also a people of many religions, with no established church, who hold different beliefs on many matters. Our public morality, then — the moral standards we maintain for everyone, not just the ones we insist on in our private lives — depends on a consensus view of right and wrong. The values derived from religious belief will not — and should not — be accepted as part of the public morality unless they are shared by the pluralistic community at large, by consensus. That those values happen to be religious values does not deny them acceptability as a part of this consensus. But it does not require their acceptability, either.

The religious right is a counterrevolutionary movement whose purpose is to return society, and the individuals who make up society, to the social understanding and the roles that existed in the 1950s. In fact the religious right is a group of mail-order wizards and lobbyists tied to religious "media personalities" who spend millions to raise millions with the twin object of advancing their own social and political agendas and enriching themselves and their organizations. Acting out one's hatred of homosexuals is acceptable behaviour in the world of the religious right. Perpetrators of hate crimes against gays routinely cite religious reasons for their hatred of gays. Most of the hate mail we get cites religious justifications for the hate. The religious right rejects cultural pluralism and it rejects individualism. It sees its opponents not as fellow Americans presenting alternative views of what American society might look like; it sees them as conscripts in the army of Satan. The religious right aims to convert traditional principles of toleration and personal liberty to Bible-based precepts of "revealed" behaviour and comprehensive social order - "revealed", that is, to a few preachers and evangelists, and to their strategists, fund-raisers, and media advisers. There is no doubt that the evangelical attack on gay and lesbian rights is part of a broader strategy to impose specifically religious values on American politics and American bodies. Gays and lesbians make an ideal target for an evangelical coup because of the persistent fear and hatred of homosexuality in our culture. The Reverend Mel White bears important direct witness about the motives and purposes of his onetime associates: "These guys are not interested in biblical truth. They are only interested in proving through their interpretations of the text, their own prejudice." The religious right has discovered homosexuality as a marketing tool, and we may expect them to feature it, partly to intimidate homosexuals but principally to scare the freedom out of everyone. The aim of the religious right is to terrify people with the spectre of predatory homosexuality in order to assert control over public morality. Plainly, such an apocalyptic approach to social issues is principled in its unsusceptibility to reason and compromise, the basic tools of democracies; in this respect, the ideology of the religious right is profoundly antidemocratic. Such paranoic politics represent a grave danger to the Constitution and the society it informs.

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Religious freedom does not mean that all religions are the same: it means that truth matters, and this is what religion and the sense of the sacred are all about.
Every man and woman has the right to know the truth, but only full freedom allows them to progress in that direction.

Today courts wrongly interpret separation of church and state to mean that religion has no place in the public arena, or that morality derived from religion should not be permitted to shape our laws. Somehow freedom for religious expression has become freedom from religious expression. Secularists want to empty the public square of religion and religious-based morality so they can monopolize the shared space of society with their own views.

[We condemn those principles whose] necessary effect [is] to destroy the Catholic religion, and with it, the obedience due to kings. It is with this end in view that they establish, as a right of man in society, this absolute liberty, which not only assures the right of not being disturbed in regard to his religious opinions, but which also grants that license of thought, of writing and even shamelessly publishing on the subject of religion whatever the most unruly imagination might suggest. This monstrous right nevertheless appears to the Assembly to result from the equality and liberty which are natural to all men. But what could there be more outrageous than to establish among men this equality and this unbridled liberty which will snuff out reason, the most precious gift that nature has given to man, and the only one which distinguishes him from the animals?

[T]he effect of the religious freedom Amendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[...] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse.

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Our country was established on the basis of freedom of religion, and the Constitution states there would never be any religious test for any public office. It is a freedom enshrined in our Constitution, and that every member of Congress takes an oath to protect — a freedom that many heroes have given their lives to defend. Nothing is more important to our democracy than this freedom.

In a free society, people should have the right to criticize a religion; they should have the right to do so, and of course their criticisms are themselves open to criticism; that is the essence of freedom of speech and thought.

I have said that this Nation as founded on a Christian perspective of the nature of man, that we derive our rights from God and not from government. And part of that perspective is that every individual enjoys human rights without regard to what the majority wants. Every individual enjoys human rights, like religious freedom and freedom of conscience, including the freedom not to worship. That is what I have said. That’s what I believe in. That goes to the core of what I believe in. It is, I believe, the perspective of the American form of government, and I have been faithful in my record as Attorney General in defending the Constitution when it comes to issues like religious freedom.

Religious liberty might be supposed to mean that everybody is free to discuss religion. In practice it means that hardly anybody is allowed to mention it.

Is there a risk that reducing the debate on religious liberty to different forms of state recognition, including the Italian “,” may implicitly or inadvertently confer to the state the power to grant to religious groups the right to exist? In practice, states do have such power in different countries. The question is whether giving such an authority to the state is morally and philosophically correct.
Perhaps, a state should just watch over the compliance of its citizens with the laws (assuming the laws are just), regardless of their religious persuasion, and leave religious groups alone to live and self-regulate their lives. The state is not the source of religious liberty, although it should acknowledge and protect it.

Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth. For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. The exercise of their freedom on terms equal to others must be given great weight and respect by the courts. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression. As this Court observed in Obergefell v. Hodges, 576 U. S. _ (2015), “[t]he First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” Id., at _ (slip op., at 27). Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. See Newman v. Piggy Park Enterprises, Inc., 390 U. S. 400, 402, n. 5 (1968) (per curiam); see also Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, 572 (1995) (“Provisions like these are well within the State’s usual power to enact when a legislature has reason to believe that a given group is the target of discrimination, and they do not, as a general matter, violate the First or Fourteenth Amendments”).

In expressing publicly our faith we are exercising a civil right that is rooted in the religious freedom of a free country. It is not some privilege that is granted by public officials. It is a right that we exercise in a civil way and as citizens.

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