ABSTRACT

The United States of America (US) has the distinction of producing the first Bill of Rights – The Virginia Declaration of Rights 1776 – Article 16 of which asserts that all men are equally entitled to the free exercise of religion. Subsequently, the separation of Church and State became an explicit constitutional requirement in the First Amendment, a requirement reinforced in due course by rulings of the United States Supreme Court (USSC) as it expanded its interpretation of the Fourteenth Amendment. These unique formative steps seemingly paved the way for the US judiciary to develop an acute awareness of laws governing the religion/human rights intersect and yet, as Ignatieff points out: 1

Since 1945 America has displayed exceptional leadership in promoting international human rights. At the same time, however, it has also resisted complying with human rights standards at home or aligning its foreign policy with those standards abroad.

This chapter explores the paradox of the contemporary relationship between the US and human rights, with particular reference to religion. It begins by outlining the contemporary legal framework, as governed by statutory and constitutional provisions, identifying the judicial and regulatory bodies and noting the extent to which the country is a signatory State to relevant international treaties, conventions and protocols. As in the other Part II chapters, it then examines in turn: the key issues in the relationship between the State and religion/human rights; the case law illuminating the nature and range of matters that typically cause conflict between religion and human rights; and the effect of equality and anti-discrimination legislation on key aspects of religion and human rights.