Skip to content
— CH. 1 · ANCIENT EDICTS AND EARLY GUARANTEES —

Freedom of religion

~5 min read · Ch. 1 of 6
6 sections
  • The Cyrus Cylinder, a clay artifact from 539 BC, stands as one of the earliest recorded declarations supporting religious freedom. This ancient Persian document describes how King Cyrus the Great allowed displaced peoples to return to their homelands and rebuild their temples. The cylinder explicitly states that Cyrus permitted Jews to return to Jerusalem and restore their temple, ending centuries of Babylonian captivity. In the Roman Empire, early policy generally tolerated most religions including Judaism, yet Christianity faced hostility until Emperor Galerius legalized it in 311 AD. Tertullian, an early Christian apologist writing around 200 AD, became the first known writer to use the phrase "freedom of religion" in his work Apologeticum. He argued for tolerance of all religious views before proconsul Scapula, expanding on the case for peaceful coexistence among different faiths. Ashoka the Great ruled the Maurya Empire in India during the third century BC and established freedom of worship through his edicts. These inscriptions promoted moral principles and encouraged respect for all religious traditions within his vast domain. Genghis Khan later enacted laws in the thirteenth century guaranteeing religious freedom to everyone regardless of their specific beliefs.

  • Roger Williams founded Rhode Island in 1636 after being banished from Massachusetts Bay Colony for his radical views on church-state separation. Puritan authorities in Boston executed Mary Dyer on the 13th of May 1660, making her one of four Quakers hanged for defying laws banning Quaker worship. The Maryland Toleration Act passed in 1649 declared that no person should be troubled or molested for their religion, though it only protected Trinitarian Christians and carried death penalties for denying Jesus's divinity. William Penn established Pennsylvania in 1682 as a sanctuary where unlimited religious freedom existed until the nation's founding in 1776. In 1657, the Flushing Remonstrance lifted Governor Peter Stuyvesant's ban on Quaker worship in New Netherland, protecting Dutch settlers' right to practice their faith. Thomas Jefferson wrote the Virginia Statute for Religious Freedom in 1779, proclaiming that no man shall be compelled to support any religious ministry. This document influenced the First Amendment to the U.S. Constitution, which states Congress shall make no law respecting an establishment of religion. The colony of Connecticut also adopted similar principles in 1636 under Thomas Hooker's leadership.

  • Martin Luther published his Ninety-Five Theses in Wittenberg on the 31st of October 1517, challenging Church practices like indulgence sales and sparking the Protestant Reformation. Jan Hus received safe conduct from Holy Roman Emperor Charles V but was burned at the stake on the 6th of July 1415, after refusing to recant his reformist views. Henry VIII of England broke with Rome in 1533 when excommunicated for marrying Anne Boleyn, establishing a state church with bishops appointed by the crown. Thomas More, Lord Chancellor under Henry, was executed in 1535 for opposing this royal supremacy over the Church. The Edict of Torda passed in 1568 declared free practice of Catholicism, Lutheranism, Calvinism, and Unitarianism in Transylvania, making it Europe's most tolerant region for centuries. Voltaire wrote Letters on the English in 1733, praising how religious diversity maintained peace and prosperity in England compared to less tolerant neighbors. Adam Smith argued in The Wealth of Nations that allowing people to freely choose their religion prevents civil unrest and reduces intolerance through competition among sects.

  • Chief Justice Roger J. Traynor summarized California's position in 1955 stating that freedom of conscience is absolute but freedom to act is not. The Supreme Court ruled in Church of Lukumi Babalu Aye v. City of Hialeah in 1993 upholding Santeria adherents' right to ritual animal sacrifice despite local bans. Susan Epperson sued Arkansas in 1968 over a law banning evolution teaching, winning when the Supreme Court overturned the state statute as unconstitutional. Edward Schempp challenged Pennsylvania's Bible reading requirement in schools, leading to the 1963 Abington School District v. Schempp ruling that declared such practices unconstitutional. Kim Davis, Kentucky county clerk, refused to issue marriage licenses after Obergefell v. Hodges legalized same-sex marriage in 2015, resulting in her brief imprisonment and $100,000 damages payment. Native American tribes use psychedelic substances like ayahuasca under religious exemptions granted to groups including União do Vegetal and Santo Daime. In 2017, the Santo Daime Church received religious exemption to use Ayahuasca sacramentally in Canada.

  • Pew Research Center studies from 2009 through 2022 compiled global data representing over ninety-nine point five percent of world population regarding government restrictions on religion. Nearly seventy percent of humanity lived in countries with heavy restrictions on freedom of religion during 2009 according to their findings. Saudi Arabia and Iran topped lists showing highest overall levels of restriction on religion across multiple years of analysis. Thirty percent of countries had restrictions targeting religious minorities while sixty-one percent experienced social hostilities against minority faiths in 2013 assessments. Seventy-five countries limit proselytizing efforts by religious groups and one hundred seventy-eight require registration with governments before operating legally. Only twenty-five percent of nations fully respect legal rights protecting religious freedom despite constitutional guarantees appearing in most constitutions. The Middle East and North Africa regions showed highest levels of both government restrictions and social hostilities compared to Americas which reported lowest levels globally. Egypt, India, Pakistan, Iran, and Nigeria ranked among top twenty-five most populous countries with highest overall restriction levels according to Pew's 2022 index.

Common questions

What is the Cyrus Cylinder and why does it matter for freedom of religion?

The Cyrus Cylinder is a clay artifact from 539 BC that stands as one of the earliest recorded declarations supporting religious freedom. This ancient Persian document describes how King Cyrus the Great allowed displaced peoples to return to their homelands and rebuild their temples.

When did Tertullian first use the phrase freedom of religion in writing?

Tertullian became the first known writer to use the phrase freedom of religion in his work Apologeticum around 200 AD. He argued for tolerance of all religious views before proconsul Scapula, expanding on the case for peaceful coexistence among different faiths.

Which countries had the highest levels of restriction on religion according to Pew Research Center data from 2022?

Saudi Arabia and Iran topped lists showing highest overall levels of restriction on religion across multiple years of analysis. Egypt, India, Pakistan, Iran, and Nigeria ranked among top twenty-five most populous countries with highest overall restriction levels according to Pew's 2022 index.

How did the Universal Declaration of Human Rights establish freedom of religion globally?

The Universal Declaration of Human Rights established freedom of religion as a fundamental human right recognized globally. On the 25th of November 1981, the United Nations General Assembly passed the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

What legal protections exist for religious minorities under Article 18 of the International Covenant on Civil and Political Rights?

Article 18 of the International Covenant on Civil and Political Rights protects both theistic and atheistic beliefs while prohibiting threats of physical force to compel belief changes. In 1993, the UN human rights committee declared that article 18 protects non-theistic and atheistic views equally with religious ones.