[Congressional Record Volume 161, Number 173 (Tuesday, December 1, 2015)]
[Senate]
[Pages S8206-S8208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RELIGIOUS LIBERTY
Mr. HATCH. Mr. President, last week families across the Nation
gathered in gratitude to celebrate Thanksgiving--the holiday we
commemorate in remembrance of our Pilgrim ancestors. With humble
appreciation, we venerate the sacrifice of America's early settlers. We
remember their fortitude in leaving family and home to colonize a new
wilderness. Facing disease, starvation, and even death, these brave men
and women endured tremendous hardships to secure the blessings of
religious liberty.
Freedom of religion--so precious and so prized by our Pilgrim
forebears--is the legacy we enjoy as a result of their sacrifice.
Today, I wish to honor the Pilgrims' legacy by speaking once again on
the topic of religious liberty. Over the past several weeks, I have
addressed this subject at length. In so doing, I have explained the
critical importance of religious freedom and its centrality to our
Nation's founding. I have also debunked the erroneous notion that
religious liberty is primarily a private matter that has little place
in the public domain. More recently, I have detailed the many ways
freedom of conscience is under attack--both at home and abroad.
You might wonder why I devote so much time and attention to this
vital subject. After all, this is the seventh in a series of speeches I
have given on the topic of religious liberty. When there are myriad
other issues facing our country, why do I feel so compelled to speak
out about religious freedom? Because, Mr. President, no other freedom
is so essential to human flourishing and to the future of our Nation.
Indeed, religion is not only beneficial to society but also
indispensable to democracy.
I begin by discussing the most tangible benefits religion brings to
society. History provides many examples. Indeed, many of our Nation's
most significant moral and political achievements are grounded in
religious teachings and influences.
First, consider the role of religion in the formation of our most
basic rights. America's Framers were well versed in both religion and
philosophy, and in drafting our Founding documents, they drew
inspiration from both sources.
Take for example, the unalienable rights identified in the
Declaration of Independence: life, liberty and the pursuit of
happiness. These rights are a synthesis of both religious and
philosophic teachings. The rights themselves stem from the theories of
the philosopher John Locke, but the concept of inalienability--the idea
that these rights are inviolable because they are ``endowed [to men] by
their Creator''--is religious in nature.
By invoking the divine and linking our rights to a moral authority
that lies above and beyond the state, America's Founders insulated our
freedoms from government abuse. Philosophy helped articulate our
fundamental rights, but religion made them unassailable. Thanks to the
moral grounding provided by religion, we exercise these rights free of
state control.
In addition to undergirding the establishment of our God-given
rights, religion directly benefitted American society by catalyzing the
two greatest social movements in our Nation's history: abolition and
civil rights.
Abolition traces its roots to the Second Great Awakening, when
preachers such as Charles Grandison Finney and Lyman Beecher rose to
prominence with their revivalist teachings on social justice and
equality. Many of the earliest pro-abolition organizations coalesced
around Christian evangelical communities in the North. Emancipation was
a religious cause first and a political movement second.
Most abolitionists were deeply religious themselves, including two of
the movement's most vocal leaders, William Lloyd Garrison and John
Greenleaf Whittier. The Christian doctrine of moral equality was
especially crucial in generating the grassroots support that eventually
made emancipation possible.
Religion was equally influential in guiding the civil rights
movement. We speak today of Dr. Martin Luther King, but we sometimes
forget that before he was a doctor he was a reverend. In 1967, the year
before his death, Reverend King proclaimed:
Before I was a civil rights leader, I was a preacher of the
Gospel. This was my first calling and it still remains my
greatest commitment. . . . [A]ll that I do in civil rights I
do because I consider it a part of my ministry.
Reverend King recruited other religious leaders to his cause when he
convened a meeting of more than 60 black ministers in what would
eventually become the Southern Christian Leadership Conference. This
coalition of evangelical leaders was instrumental in organizing both
the Birmingham campaign and the March on Washington. For these
ministers and many other men and women who participated in the civil
rights movement, religion provided the initial impetus for their
advocacy.
Today, religion continues to benefit society by contributing to our
Nation's robust philanthropic sector. The importance of charity and
helping the poor is nearly universal across all faiths. Every year,
religious organizations throughout the United States feed the hungry,
clothe the naked, give shelter to the homeless, and care for the sick
and afflicted.
Without these religious groups, our government welfare system would
be overwhelmed.
Charitable organizations are irreplaceable because they often step in
where the state cannot. Consider some of the largest, most well-
respected religious charities in operation today, such as the Salvation
Army, Catholic Charities, World Vision, or LDS Humanitarian Services.
These organizations are motivated by more than a mere humanitarian
impulse; they are driven by a sense of duty both to God and to man.
Every year, they lift millions from despair, offering not only material
assistance but also spiritual direction to help individuals lead more
prosperous lives. This is a critical service that no government program
could ever provide.
It is clear that religion has benefitted our society in several
meaningful ways. First, as a result of religious teachings, we have
unfettered claim to the natural rights delineated in our Nation's
founding documents. Second, thanks to religious leaders from John
Rankin to Martin Luther King, we freely exercise civil rights today
that were once denied millions of Americans. Third, by virtue of
religious teaching on charity, we have a humanitarian sector that is
unparalleled in its ability to respond to crisis, bless the poor, and
lift the needy.
But my purpose in speaking today is not merely to recite a list of
blessings brought about by religious liberty. Religion is not simply
beneficial to society; it is an indispensable feature of any free
government. Without religion, liberty itself would be in danger and
democracy would devolve into despotism.
The nexus between religion and democracy involves the relationship
between morality and freedom. Freedom
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is a double-edged sword; it can be used for good or for evil. Statesmen
may use freedom to defend justice, but tyrants can abuse it for their
own corrupt ends. Morality is necessary to ensure that individuals
exercise their freedom responsibly.
Religion provides free individuals with the moral education necessary
to exercise freedom responsibly. It instills the very virtues that lead
to an engaged citizenry, including a concern for others, the ability to
discern between right and wrong, and the capacity to look beyond the
mere pursuit of present pleasures to the good of society.
President George Washington identified the link between morality and
religion. According to Washington, ``Reason and experience both forbid
us to expect that national morality can prevail in exclusion of
religious principle.'' For Washington, morality presupposed religion,
and both virtues cultivated a healthy society. Perhaps this why he said
that ``[o]f all the dispositions and habits which lead to political
prosperity, religion and morality are indispensable supports.'' That
was George Washington.
John Adams was of the same mind. He argued that without religion and
morality, our government could not stand because, ``[a]varice,
ambition, revenge and gallantry would break the strongest cords of our
Constitution, as a whale goes through a net''; hence, his most famous
observation that the Constitution ``was made only for a moral and
religious people.''
For Washington, Adams, and many others who helped to establish our
constitutional system of self-government, religion, morality, freedom,
and democracy are necessarily interlinked. Without the moral
sensibilities that religion that can provide, freedom is all too easily
corrupted, endangering the very foundation of democracy.
Our Founding Fathers were not alone in calling attention to the
inextricable connection between religion and a healthy democracy. The
renowned political philosopher Alexis de Tocqueville offered his own
analysis on the subject. After spending several months observing
American Government and society, Tocqueville wrote his famed
``Democracy in America'' in an attempt to explain American political
culture to his French counterparts. When Tocqueville published his work
in the early 19th century, the United States was a burgeoning democracy
and unique as one of the only countries in the world that guaranteed
religious liberties to its citizens.
At this intersection of democracy and religion, Tocqueville made his
most compelling observations. Like Washington and Adams, Tocqueville
believed that religion was essential to the success of the American
political experiment. Without the moral strictures of religion, the
Nation's democracy would collapse on itself. In Tocqueville's own
words:
Despotism may be able to do without faith, but freedom
cannot. . . . How could society escape destruction if, when
political ties are relaxed, moral ties are not tightened? And
what can be done with a people master of itself if it is not
subject to God?
In other words, Tocqueville asked how the experiment of self-
government could succeed if individuals refused to submit to any moral
authority beyond themselves. By posing this question, Tocqueville
argued that democracy needs religion and morality to ensure that
citizens exercise their freedom responsibly. Democracy needs religion
to help refine the people's moral responsibility and instill the
virtues of good citizenship that make democracy possible in the first
place.
Tocqueville also taught that democracy needs religion to temper the
materialistic impulses of a free-market society. By setting our hopes
and desires beyond imminent, temporal concerns and turning our hearts
instead toward those in need, religion engenders charitable behavior
and saves democracy from its own excesses.
In Tocqueville's view, the free exercise of religion is not just a
condition of liberal society; it is a precondition for a healthy
democracy. Without religion and the moral instruction it provides,
freedom falters, and democracy all too easily dissolves into tyranny.
In this regard, religion is not merely a boon to democracy, but a
bulwark against despotism. Laws alone are incapable of instilling order
and regulating moral behavior across society. As LDS Apostle Dallin H.
Oaks has observed, ``Our society is not held together just by law and
its enforcement, but most importantly by voluntary obedience to the
unenforceable and by widespread adherence to unwritten norms of right .
. . behavior.''
Of course, religion and a basic sense of morality help induce such
voluntary obedience to the unenforceable that Elder Oaks describes.
George Washington conceded that individuals may find morality without
religion, but political society needs the spiritual grounding that only
religion can provide. In this regard, religion complements law in
cultivating a moral citizenry.
Both law and religion are necessary to engender good citizenship. As
the influence of religion diminishes, governments must enact more laws
to fill the void to maintain a moral citizenry. So the consequences of
less religious activity are not greater human freedom but greater state
control.
Religion, then, acts as a check on state power. It cultivates
morality so governments don't have to through the cold, impersonal
machinery of law.
By acting as a shield against state overreach, religion is a friend
to both democracy and freedom. Expanding religious freedom empowers
democracy, but limiting religious freedom weakens our democratic
institutions. In the most extreme case, eliminating religious freedom
altogether results in tyranny and human suffering on a massive scale.
Consider the catastrophic state of affairs in countries that have
explicitly outlawed religion. The Soviet Union, Communist China under
Mao, the Khmer Rouge in Cambodia, and North Korea are prominent
examples. In each of these countries, leaders committed unspeakable
atrocities to enforce their own godless morality. In the absence of
faith, there was no religious horizon to keep political ambitions
within limits. Unencumbered by the moral restraint of religion,
dictators systematically killed millions of their own people to
establish their own secular vision of Heaven on Earth. These
illustrations of totalitarianism, torture, and genocide demonstrate
that a society without religion is a society without freedom.
I raise these grievous examples to reiterate my initial point:
Religion is central to human prosperity. Society needs religion to keep
political ambitions in check, and democracy needs religion to maintain
morality so that freedom can flourish.
I had the privilege of serving for 2 years in three States--Ohio,
Indiana, and Michigan--as a missionary for the Church of Jesus Christ
of Latter-day Saints. We served without pay, without compensation. I
lived on $55 to $65 a month, and I traveled all over those three
States, helping other missionaries be able to teach the Gospel of Jesus
Christ. I am glad I had the freedom to be able to serve that mission in
three States in this beautiful, wonderful country, where religious
freedom is a revered right and a heralded concept.
Those 2 years were the most important years of my life because they
led to a wonderful marriage with Elaine, 6 children, 23 grandchildren,
and 16 great grandchildren, and those are all I know about at this
time. I have to say that they led to a better life in every way, even
though my life has been hard.
I was raised in Pittsburgh, PA. My father was a building tradesman.
Sometimes there wasn't work. We lost our home shortly after my birth.
It was a little band-box frame home in Homestead Park, PA. My dad
borrowed $100 to purchase an acre and then tore down a burned-out
building to build us a home that was black on three sides, and the
fourth side had a Meadow Gold Dairy sign that he had apparently torn
down and put up just exactly the way it was. We didn't have indoor
facilities.
It was an acre of ground, and we raised quite a bit of our food. We
actually raised chickens. I was in charge of the chickens, taking care
of the chicken coop, feeding them, cleaning up after them, collecting
the eggs every day, selling the eggs, and delivering the eggs, from 6
years old on. I am glad I had that experience.
I am glad that my family went to church and was religious. The Mormon
Church at that time in Pittsburgh was very small, but the people were
all patriotic and loved America. Why did they? Many of them were from
other
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countries. They loved America because they were free. I didn't know any
better, but I knew I was free, and that was important--not just to me
but to my parents and to many others as well.
Elaine and I are so grateful that we have been able to raise our six
children, all of whom are married now, all of whom have children, and
many of whom have our great-grandchildren.
The thing that tied us together more than anything else was religion
in this freest of all nations. I am so grateful for this country. I am
so grateful for the freedoms that we all take for granted. I am so
grateful for my parents, who were just humble people, neither of whom
had received any education beyond the eighth grade, but both were
brilliant in his or her own way. The thing they taught us was religion
and doing good to our fellow men and women.
I am so grateful for this great country. I am so grateful for all of
the many blessings we have from religious freedom, and I don't want to
see us lose that in the realm of political correctness.
In closing, I urge all of my colleagues to consider the state of
religious liberty in the United States today. Only by strengthening
this fundamental freedom can we secure the future of our own democracy
and keep the rest of our freedoms alive and viable.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. COATS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Cruz). Without objection, it is so
ordered.
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