The Decline—and Fall?—of Religious Freedom in America

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
—U.S. Constitution, First Amendment

Religious freedom in America is under threat, and the battle is already in progress. For the most part, the burden of the struggle has been borne by Christians. America’s Jews, living safely behind the front lines, have paid little heed. But that safety is likely to be ephemeral. If freedom falls for those now fighting for their religious rights, it can fall for all, prominently including a community characterized by its attachment to an ancient and traditional moral code and defining ritual practices.

The threat emanates from a classic question: what is the proper relationship between church and state? The tension is as old as recorded history. It appears in the Epic of Gilgamesh and throughout Greek mythology. Some societies, from the pharaohs of ancient Egypt to Japan’s chrysanthemum throne, imbued their rulers with divinity. In Christendom, western kings answered to the pope while eastern churches supported the emperor. In Islam, the caliph held titles of both temporal and spiritual authority. England maintains an established church still today, while France severed its formal ties to Catholicism more than a century ago. In Jewish tradition, the Second Temple period was replete with conflicts between royals and priests—hence the rabbinic reluctance to embrace the Hasmoneans, priestly usurpers to the throne whose victories are celebrated annually by today’s Jews at Ḥanukkah. In modern-day Israel, selected areas of civil governance have been relegated entirely to religious authorities.