How a 16th-century theologian shaped your Bill of Rights
What does the 16th-century German theologian Martin Luther have to do with our Bill of Rights? The answer may surprise you.
505 years ago, at the Diet of Worms, when asked to denounce and recant his reformist views, Luther replied,
Unless I am convinced by the testimony of the Scriptures or by clear reason … I am bound by the Scriptures I have quoted, and my conscience is captive to the Word of God. I cannot and I will not recant anything, since it is neither safe nor right to go against conscience. Here I stand. I can do no other. God help me. Amen.
While people often remember the “Here I stand” part and Luther’s reliance on Scripture and reason, what is often missed is his appeal to conscience. “It is neither safe nor right to go against conscience,” Luther said, which was “captive to the Word of God.”
Luther believed God had established His Church and the state. Each was given authority to regulate behavior in different areas and in different ways. Neither, however, had authority over conscience, Luther believed. Only God did.
Luther’s words echo ideas that go back to the earliest days of the Church. In the second century, Church father Tertullian argued that the imperial government should allow religious liberty since only worship offered voluntarily was pleasing to God. Forcing people to worship was both pointless and hypocritical. Other Church fathers made similar arguments. Jesus’ words, to render to Caesar what is Caesar’s and to God what is God’s, also underscore to Whom conscience belongs. Worship is owed to God, not Caesar. Thus, Caesar has no right to interfere with conscience.
The same thinking made its way into the Bill of Rights. The First Amendment of the U.S. Constitution begins with the words, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In the language of the period, “an establishment of religion” referred to setting up a state church. Part of the reason Congress was prohibited from doing this is that many states already had state churches, and the Framers did not want a national church that would inevitably conflict with the states.
The Framers also wanted religion to flourish in the country. They believed this was best accomplished within a free marketplace of ideas. In other words, only if there were true freedom of conscience could churches compete for adherents.
To ensure a free marketplace of ideas, other provisions were included in the First Amendment. Congress was prohibited from abridging freedom of speech and of the press, of peaceable assembly, and of petitioning government. The Framers believed each was an essential part of an unalienable right to liberty, but they also believed truth would prevail if people were free to present and debate their views in public.
The reason that freedom of religion is the first freedom of the First Amendment is because every other freedom depends upon it. The right to hold beliefs and to express them is foundational to the rest of the amendment. Without that right, we could not speak, write, assemble, or petition the government in support of any beliefs, opinions, or ideas that were not first approved by the government.
All of which brings us back to Luther and his insistence that only God has authority over conscience. Our Founders were right to highlight that any unalienable rights we have are given to us by God, and to include liberty among them. Our conscience is a gift from God. We are answerable to Him for how we use it. The listed rights are not granted by the First Amendment; rather, they are recognized and protected by it. It is our responsibility before the God who gave us liberty to use them wisely and for His glory.
Originally published at BreakPoint.
John Stonestreet serves as president of the Colson Center, equipping Christians to live with clarity, confidence, and courage in today's cultural moment. A sought-after speaker and author on faith, culture, theology, worldview, education, and apologetics, he has co-authored five books, including A Practical Guide to Culture, A Student’s Guide to Culture, and Restoring All Things. John hosts Breakpoint, the nationally syndicated commentary founded by Chuck Colson, and The Point, a daily one-minute feature on worldview and cultural issues. Previously, he held leadership roles at Summit Ministries and taught biblical studies at Bryan College (TN). He lives in Colorado Springs, Colorado, with his wife, Sarah, and their four children.
Glenn Sunshine is a professor of history at Central Connecticut State University, a Senior Fellow of the Colson Center for Christian Worldview, and the founder and president of Every Square Inch Ministries. He is a speaker, the author of several books, and co-author with Jerry Trousdale of The Kingdom Unleashed.
