Influences on Religious Liberty

American religious liberty emerged at a particular time and place in history.  Law professor John Witte has helpfully characterized four different arguments that contributed to these early understandings of American religious liberty: Puritan, Evangelical, Civic Republican, and Enlightenment Liberal.  Though not exhaustive and somewhat overlapping, these four arguments each played an important role in the shaping of religious liberty, and each has contemporary heirs.  Two of these (Puritan and Evangelical) are primarily theological; the other two (Civic Republican and Enlightenment Liberal) are primarily political.

Among the influences on religious liberty, John Locke’s Letter Concerning Toleration is one of the most important.  Written in 1689, Locke’s letter was known by many in the New World, and it was especially important to Thomas Jefferson.  Locke also channeled the thoughts of a number of other writers of his time, including Hobbes, Spinoza, Hume, and Burke (among others).  His letter is a political argument, but it assumes a Protestant audience and Protestant premises. Note, for example, how the last paragraph of Locke’s letter begins: “Lastly, those are not at all to be tolerated who deny the being of a God.”

As you read Witte, think about which figures from our contemporary political landscape you would place in each of his categories, and also who today is left out of these categories.

As you read Locke, think about which of his arguments are still persuasive today and which of his arguments seem inapplicable to an audience that may not share his premises. Consider also Locke’s example of sacrificing a calf and think about whether and why you find his analysis persuasive.

Reading Assignment:

  • John Witte, Jr., The Essential Rights and Liberties of Religion in the American Constitutional Experiment, 71 Notre Dame L. Rev. 371 (1996)

  • John Locke, Letter Concerning Toleration (1689)

Optional Reading: