RELIGION (Lat. re, back, ligo, to bind). Real piety in practice, consisting in the per formance of all known duties to God and cur fellow-men. It has been held to include the principle of gratitude to an active power Nvho can confer blessings. 38 L. J. M. C. 5.
The constitution of the United States pro vides that "congress shall make no law re specting an establishment of religion, or pro hibiting the free exercise thereof." See Story, Const, 1870; Miller, Const. 645. Con gress cannot pass a law for the government of a territory which prohibits the free exer cise of religion; Reynolds v. U. S., 98 U. S. 162, 25 L. Ed. 244; religion is not defined in the constitution, its meaning there must be ascertained elsewhere. Jefferson was the lead er of the movement for placing this clause in the constitution ; id. See 12 Hening's Stat. 84; 1 Jeff. Works 45, 79; 2 id. 355 ; 8 id. 113. This provision and that relating to religious tests (q. v.) are limitations upon the power of congress only ; Cooley, Const.205 ; perhaps the fourteenth amendment may give addi tional securities if needful; id. By estab lishment of religion is meant the setting up of a state church, or at least the conferring upon one church of special favors which are denied to others; 1 Tuck. Bla. Com. App. 296; 2 id. App. n. G. The Christian religion is, of course, recognized by the government, yet not so as to draw invidious distinctions between different religious beliefs, etc.; Cool ey, Const. 206. As to a religious country ; Church of Holy Trinity v. U. S., 143 U. S. 457, 12 Sup. Ct. 511, 36 L. Ed. 226.
With the exception of these proviSions, the preservation of religious liberty is left to the states. The various state guarantees have been summed up by Judge Cooley, who says that under American constitutions the fol lowing things are unlawful : 1. Any law re specting the establishment of religion. 2. Compulsory support by taxation or otherwise of religious instruction. 3. Compulsory at tendance upon religious worship. 4. Re straints upon the free exercise of religion ac cording to the dictates of conscience. 5. Re straints upon the expression of religious be lief. Const. Lim. 5'15.
The constitutions of most of the states for bid any religious test for holding office, cept that in some states belief in the ex istence of God is required.
A person's religious belief cannot be ac cepted as a justification for his committing an overt act, made criminal by the law of the land (polygamy); Reynolds v. U. S., 98 U. S. 145, 25 L. Ed. 244. By the constitution "congress is deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social du ties or subversive of good order ;" id:, 98 U. S. 164, 25 L. Ed. 244. Where the parents of a sick child omitted to in medical at= tendance because of their religious belief that what they did would be effective, they were held not guilty of manslaughter; 10 Cox, Cr. Cas. 531; otherwise, if they had ac
tively starved it to death under like religious belief ; id.
A father who belonged to a sect called the "Peculiar People" was convicted of man slaughter for neglect to provide medical aid for his child; [1899] 1 Q. B. 283. "Reli gious belief" is no defense to a prosecution for failure to procure medical attendance for a sick child; Owens v. State, 6 Okl. Cr. 110, 116 Pac. 345, 36 L. R. A. (N. S.) 633, Ann. Cas. 1912B, 1218. See Reynolds v. U. S., 98 U. S. 107, 25 L. Ed. 244.
"But beyond all these matters no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people. This is historical ly true." Holy Trinity Church v. U. S., 143 U. S. 465, 12 Sup. Ct. 511, 36 L. Ed. 226. The opinion quotes from the early charters of the colonies, the Declaration of Indepen dence and 'from state constitutions, and then adds: "There is no dissonance in these dec larations. There is a universal language pervading them all, having one meaning; they affirm and reaffirm that this is a reli gious nation. These are not individual say ings, declarations of private persons; they are organic utterances; they speak the voice of the entire people." The opinion quotes the language of Upde graph v. Coin., 11 S. & R. (Pa.) 394: "Chris tianity, general Christianity, is, and always has been, a part of the common law of Penn sylvania; . . . not Christianity with an established church, and tithes, and spiritual courts; but Christianity with liberty of con science to all men." It also quotes the opin ion of Kent, Ch., in People v. Ruggles, 8 Johns. (N. Y.) 290, 5 Am. Dec. 335: "The people of this state, in common with the people of this country, profess the general doctrines of Christianity, as the rule of their faith and practice." In the Girard Will Case, 2 How. (U. S.) 127, 11 L. Ed. 205, it was said: "It is also said, and truly, that the Christian religion is a part of the •com mon law of Pennsylvania." An agreement by the District of Columbia to erect buildings on the grounds of a pri vate incorporated hospital, in charge of Ro man Catholic sisters, to be used by poor pa tients sent there, is not in conflict with art. 1 of the United States constitution forbid ding congress to make laws for the establish ment of religion; Bradfield v. Roberts, 175 U. S. 291, 20 Sup. Ct. 121, 44 L. Ed. 168.
As to reading the Bible in schools, see SCHOOLS.
See ASSOCIATION ; CHARITIES ; CHARITABLE USES ; POLYOAM Y ; RELIGIOUS TEST ; RELI GIOUS EDUCATION; RELIGIOUS SOCIETY; CHRISTIANITY.
As to religious belief as a qualification for a witness, see WITNESS; ECCLESIASTICAL LAW; CONSTITUTION OF UNITED STATES.