What is the role of faith in our democracy? For starters, freedom of religion is the first right enshrined in the First Amendment. While amendments are not listed in order of importance, it’s hard not to read something into that drafting choice. Yet constitutional meanings frequently play hide-and-go-seek with text. This is especially the case for religion, which is never defined in the Constitution.[1]
Maybe the Founders’ generation assumed the meaning was self-evident. I would hope, however, that they knew there is little that is obvious or uncontested in religion. The etymology of the word itself suggests how difficult it is to define.[2] Religion comes from the Latin term religio.[3] The Latin phrase itself likely came from the root ligare, to bind. Joined with the prefix re-, religion is the process of “binding together again.”
The question is: what does religion bind together? Some believe it bound an individual to the discipline of moral discernment. It referred to epistemic responsibility, the responsibility to properly know what you know. A related but distinct interpretation was that it referred to the oaths taken by members of cults or religious orders. It emphasized the practical, ritual, and ecclesial dimensions of religious life. Over time, as religion started to assume more individualistic and mystical associations, the root was understood as referring to the re-connection between the human and the divine.
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BC Law: Impact 