第十章：论中共专制暴政下的宗教信仰自由
Freedom of Religion justified from natural law
By Guoting Guo
Throughout history, governments have attempted to control religious organizations and limited religious freedom. However, over the past two hundred years the world has extended religious liberty. What explains this rise in religious freedom? For all human being has the free will and personal spiritual experience, through study we learn that the first nation come true the religious liberty is United States and their fundamental documents drafter was Thomas Jefferson who was mainly influenced by John Locke's theory of natural law. Therefore, I think the main reason for the freedom of religion has developed in the world is the natural law ideology.
I the right of religious liberty is well build in International law
The right to freedom of religion is one of the oldest human rights recognized internationally. The Peace of Westphalia (1648), which accorded international protection to religious groups. The right of religious liberty added dynamism to the Virginia's Bill of Rights of 1776, the Austrian Act of Religious Tolerance of 1781 and the Virginia Statute of Religious Liberty of 1786.[1]The Universal Declaration of Human Rights by the United Nations (UDHR1948) was a fruit of development, which was followed by a series of human rights conventions supported in varying degrees by all countries.[2] all articles are based and developed from the article 18 of the UDHR of 1948, which states:
"Everyone has the right to freedom of… religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance".
1. Everyone have the right to freedom of religion. This right includes freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief, observance, practice, and teaching.
2. no one shall be subject to coercion, which would impair his freedom to have or to adopt a religion or belief of his choice.
3. freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or moral or the fundamental rights and freedoms of others.
Therefore, the principle of Freedom of Religion is welled build in the field of international law; almost in all State's law declare that citizens have the right of religious liberty now. However, in practice, in all totalitarian and dictatorship regimes, no such thing as religious liberty, for these regimes all deny the principle of natural law, deny the natural rights and wherever and whenever deny the principle of natural law and natural rights, where and when the religious liberty could not survive.
II. Freedom of Religion and natural law
A. national law theory
What is religion? It is impossible to have a universal accepted definition, for different people have various opinions. A apologist for Christianity, Schleiermacher, defined religion in terms of 'the feeling of absolute dependence upon God'; a philosopher, Whitehead, defined religion as ' what the individual does with his solitariness'; a famous religion scholar, Edward Tyler, defined religion as 'belief in spiritual being'; a another religion scholar, James Frazer ,defined religion as 'a propitiation or conciliation of powers superior to man'; a author, Rudolf Otto defined religion as 'a unique, original feeling response…which claims consideration in its own right'; and the well-known psychologist, Freud even described religion as 'a universal obsessional neurosis'; even Marxism and Fascism have been described as 'quasi-religion'.[3] In my opinion, religion is a faith for where we are from and where we are going.
1. nature and religion
Generally speaking, the religious origin of man's consciousness of right and the legal order was or is affirmed through the intermediary of the natural law. In the rationalistic conception, man's consciousness of right and the legal order is not brought into relationship with God[4]. For primitive man nature had a numinous and sacral meaning, they lived in a society whose norms were dictated by nature and for them nature was never merely 'natural'; it is for them always filled with religious meaning. Nature's life of the primitive man had the numinous and the sacred, he tried to integrate his own life into that of nature, the nature and culture have spontaneously a religious meaning, not only birth and death, sexual relations and sickness, but also work, politics, morality, traffic, science, economy-everything has a religious foundation.[5] Thus, religion was born at very beginning with the human being.
2. God and Natural Law
Hammurabi called himself " King of Justice" because he received the legal order of his kingdom from the hands of Shamash. All Chinese ancient emperors declared themselves as the Son of God. Therefore, entire legal order or at least the authority and the power of the rulers receive an absolute and sacred character if they are seen as directly related to God's will.
Spinoza asserted that the power and force through which everything in nature exists and operates is nothing but the power and force of God. God's power is unlimited and therefore God has a right to everything. Since whatever is in nature exists and operates by virtue of God's power and since God's absolute power is God's absolute right, it follows that the right of whatever is in nature is in direct ratio to the power it has to exist and operate. This right of everything that exists in nature is the natural law, and the natural law extends as far as the power of nature and of everything that exists in nature[6].
3. Reason and the natural law.
The natural law derives from a few very general and self-evident principles. Sometimes they even estimated it as superior and better then positive law because it did not come forth from the will of a lawgiver and therefore was valid for all times and places for all human beings. However someone challenged: How would the discursive reason on its own be able to formulate a system of legal norms which in its completeness and its detailed character can be compared with positive law when the creation of a single role of positive law sometimes demands months and even years of strenuous work? How can reason alones be able to excogitate a system of norms valid for all people at all times and all places when it is certain that no two times, no two places and no two people are alike? How can a system of norms be unchangeable if times, places and people change? In the light of the strenuous work jurists must perform in order to precisely take account of the concrete and change times, places and people, the rationalistic view of the natural law presents itself as an intolerable pretension. The rationalistic view of the natural law has disappeared from the scene.[7] Mans natural rights would be determined by the power of his reason. But man does not live according to his reason; he is driven by passions and desires. Because people let themselves be swayed by their passions and desires, they are naturally one another's enemies.[8]
4. Essence and natural law.
The legal order as a whole must have a foundation that cannot have a purely positive-juridical character. Many philosophers have tried to base the positive legal order on the nature of man. In so far as the legal order is based on man's essence, there will be as many different views about the natural law as there are different anthropologies. Even the rationalistic conception of the natural law is based on a view of man. [9]
B. Natural law
Natural law theory is one of the most important theories in the philosophy of Classical Realism. In order to understand the natural law we need discuss more detail some content of the natural law.
1. the definition of the natural law
Natural law is that "unwritten law" that is more or less the same for everyone everywhere (Aristotle). In an another word, natural law is the concept of a body of moral principles that is common to all humankind and recognizable by human reason. It may be defined as "rules of action prescribed by non-human authority which is superior to the state. These rules variously are derived from divine commandment; from the nature of humankind; from abstract Reason; or from long experience of mankind in community". [10]
2.John Locke on natural law
the most influenced natural law philosopher is John Locke, when natural law theory gave rise to a concept of "natural rights," he argued that human beings in the state of nature are free and equal, yet insecure in their freedom. When they enter society they surrender only such rights as are necessary for their security and for the common good. Each individual retains fundamental prerogatives drawn from natural law relating to the integrity of person and property (natural rights). This natural rights theory provided a philosophical basis for both the American and French revolutions.
•Locke in his Two Treatises of Civil Government stated a theory of natural law and rights in which he made a distinction between legitimate and illegitimate civil governments and argued for the legitimacy of revolution against tyrannical governments. He thought that the reason to establish a government is to protect the life, liberty and property of a people, and if the government disrespect these goals then the people have right to overthrow it and establish a new one.[11].
•Locke believed that it was the obligation of government to protect the rights of its citizens to "life, liberty, and property". He held that there was a "natural law" that was supreme, and when government became corrupt, it was not only the right of the people to revolt, but their obligation to free themselves.
•Locke argued that religious liberty follows from the need of sincerity in religion if it is to be genuine, and from the nature of the Christian religion in particular.[12]
•Locke asserted the claims of religious liberty depended on his clear definition of the purposes of government. ' The commonwealth seems to me to be a society of men constituted only for the procuring, preserving and advancing their own civil interests. Civil interests I call life, liberty, health and indolence of body: and the possession of outward things, such as money, lands, houses, furniture and the like.' if government could keep its activities within the limits of Lockes' only, there is no danger of religious liberty.[13]
In a word, John Locke strongly believe that government can only execute the power people give it, and the power of government is limited to protect citizens security freedom and pursue the happiness. If the government becomes corrupt, people can overthrow it. The religious liberty is a natural right and protect by supreme natural law.
3. The Content of the natural law
The basic precept of natural law is a formulation based upon the notion of the good and evil. A human being naturally inclines to seek what appears good to reason, and naturally shrinks from what appears to be evil. This principle will give rise to other primary precepts such as the natural inclination to self-preservation, to live in society, to avoid harm to others, and to know truths about the reality we live in and our own human nature. These primary precepts are unchangeable to the extent they concern the primary ends of the natural inclinations inherent in all human beings.
The natural law is handed down from god, and men cannot change it, only interpreted and applied. To deviate from moral Law is to bring ruin to oneself in this life and the next. The natural law is above men, it apply to all men apply equally, whether king or serf.[14]
The natural law is not something can have or have not, but it is really survive in human being's reason and free will, its principle come from God's will or we can use another name, the law of natural which every subject and object should following, or will disappear and destroy by the law. Such law are come from above and apply to all man in all time and in anywhere without change. It seems cannot tell even cannot see clearly but it did exist everywhere and all the time of human history.
C. Liberty Religion
In legal sense, the first religious liberty country is the United States; the American founder has much contribution to this great fruit, and they did invoke Locke and other philosophers who inherited an Anglican natural law tradition from Richard Hooker, which ultimately traces back to Aquinas and Aristotle. [15]
1. Thomas Jefferson's contribution to Freedom of Religion
Jefferson's religious philosophy was based on 18th century concepts of natural law, especially on Locke's natural law and rights theory. He drafted the well-known Virginia Statute for Religious Freedom and noted:
"Truth is great and will prevail if left to herself; that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict unless by human interposition disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them.[16]
That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.[17]
The rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operation, such act will be an infringement of natural right." [18]
In summary, Jefferson's idea of religious liberty including:
• All men shall be free to profess, and by argument to maintain their opinions in matters of religion. [19]
• religious beliefs should be solely matters of individual conscience and completely immune from any interference by the state. Moreover, religious activity of any sort should be wholly voluntary.
• who setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others has established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical;
• no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions of belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion.
• the religion rights are of the natural rights of mankind, and if any act to repeal or to narrow its operation will be an infringement of natural right.[20]
Jefferson said that "Almighty God hath created the mind free," and that any attempt to shackle free thought was impious. He argue that "our civil rights have no dependence on our religious opinions" — anticipating the 1789 Constitution, which forbade religious tests for public office. Jefferson finally enunciates what any believer in "liberty and justice for all" must conclude: "that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict."[21] From above we can see clear that Jefferson assert the "natural right" of religious liberty. free and open debate about religion. He quotes Madison's note that religious liberty is "one of the natural rights." it was the model for the first clause of the First Amendment of the U.S. Constitution, which finally become the model of the world.
2. important legal documents set up the principles of Freedom of Religion
Section 16 of the Virginia Bill of Rights 1776[22] stipulates that religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other. In 1786, the Virginia Statute for Religious Freedom went into forced. In 1791, the First Amendment which state that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.' And the ' free exercise' clause, guarantees a citizen's right to express religious beliefs, and act in accord with those beliefs. ''it withdraws from legislative power, state and federal, the exertion of any restraint on the free exercise of religion. Its purpose is to secure religious liberty in the individual by prohibiting any invasions there by In 1776, several states passed their constitution which stipulate relevant article deal with the religious freedom. [24]These laws are the free thought of great founder and the fruit of the natural law, which following by many countries and finally developing into international law in twenty century.
D. wherever deny natural law no religious liberty
Generally speaking, in all free democratic countries, the freedom of religion not only exist in law but also in practice. On the contrary, in all totalitarian and dictatorship regimes, either the law state the citizen has the right of freedom of religion in abstract, or just exist in theory and not in practice. The fundamental reason is that no natural law principle could exist in totalitarian or dictatorship regimes. For instance, China Constitution Law in Preamble stipulates that China should insist the leadership of the Communist Party. And the law is the ruling-class' will which is the worker class and the CCP is their leader. Then the CCP's will become law. In this situation, no natural law principle could survive. Because the will of the Party become the law and superior to anything, then the superior character of the natural law disappear.
Karl Marx said religion is the "opium" of people. Here he only mentions one function of religion, but the true nature of religion[25]which I think should be search for the truth of where human being are from and where we are going. In all communist regimes, Marx's definition of religion becomes the official norm, although in law may provide that citizen has the right of freedom of religion, but in practice cannot exist, for church either totally control by communist party or any unofficial religion activity become illegal and under persecution. And all educated organ compel taught students; thus, majority people become atheist.
Lenin believed: "every religious, every idea of God is unutterable vileness of the most dangerous kind, contagion of the most abominable kind. Millions of sins, filthy deeds, acts of violence and physical contagion are far less dangerous than the subtle, spiritual idea of God." He also said that 'the roots of religion are in the social degradation of the toiling masses and their seeming impotence before the blinded forces of capitalism'. 'all contemporary religions and churches, all and every kind of religious organization, Marxism has always viewed as organs of bourgeois reaction, serving as a defence of exploitation and the doping of the working-class.'[26] Lenin believed that it is impossible to be both Christian and Communist, because Marxism inherits the secular-rationalist tradition.
Mao Zedong know almost nothing of law, he said proudly "we are monk hold on an umbrella- no hairs, no sky"( means Communist Party govern country need not law). He ruled China according to his ridiculer, changeable and absolute dictatorship will, which made Chinese suffer the greatest losses in society, culture, economic, and life in the history of China.
Ironically, in all totalitarian regimes deny the natural law, for Fascist believe God has died, for communist they accept the idea of Marx, the law is the ruling class' will. Since law is the will of ruling class, then they can make any law, whether against justice and fairness which is the fundamental essence of natural law, become does not matter. However, any law which against the principle of natural law or justice and fairness are bad law and citizen have no duty to obey such law, for bad law is not law .
Totalitarian regimes whether Fascist or Communist (all Fascist or Communist regimes are totalitarian regimes are self-evidenced fact) seeks to exclude the Church from the field of education. in Germany, Hitler expected to undermine the Christian Church, both Catholic and Reformed.
Lenin was equally resolved on rooting out religion form the life of the Russian people. in Hungary, Rumania, Czechoslovakia and Poland, all these countries during the period of communist ruled, the Communist Party controls their religion organization and more or less religion believers suffered great deal. [27]
China makes Marxist-Leninism and Mao Zedong's thought as the faith of the State. Dialectical Materialism is the standard religion, which the official thinkers of the Party have imposed on the Chinese people. Wherever a totalitarian regime is established, religious liberties are always limited and such liberties as are granted are only held on surface. In China, Although Article 36 of China's constitution declares that citizens" enjoy freedom of religious belief," and that, "No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion." all churches men nominated by the communist party, for the party has controlled whole country, they had killed numberless religion believer or put their members in to prison simply for their religion or faith but for their action. such as "Yi Guangdao" during 1950 to 1952; "Falun Gong" since 1999 to date [28]; and the "family church" members.[29]
III. Freedom of Religion justified from Natural law
Freedom, in the words of Lord Acton, is "the delicate fruit of a mature civilization." Preserving it requires a renewed understanding of the values and principles, many of them based on religious belief that made freedom possible and still offer its strongest defense today. "Liberty is the prevention of control by others. This requires self-control and, therefore, religious and spiritual influences, education, knowledge, well-being."[30]
No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion. [31]
In the reality of natural law, which nations can ignore only at their peril. A society could not survive if it lacked sufficient virtue and morality in the people and religion is one of the best way to improve people's virtue and morality. Because without a virtuous and moral people who are willing to self-govern themselves, it would become necessary to apply more external force through the law to maintain peace, order and safety.[32] Actually, current Chinese people's moral standard fall down to its lowest point in the history, the main reason is that under 58 years dictatorship rule, over 90% Chinese become atheists, their faith is money or power, for them they deceit and fake almost everything without shame, which prove the religion education really help to strength and improve people's moral and virtue.
A. free will and Liberty of religion
Natural freedom exists as the capacity of free choice or the free will to choose between alternatives. According to the Christian notion of freedom every human being has free will, the freedom to choose between good and evil; "with genuine freedom ... each individual has a right to be respected in his own journey in search of the truth, there exists a prior moral obligation, ... to seek the truth and to adhere to it once it is known." Man uses his reason as his conscience to distinguish between the good and evil alternatives. Man's individual conscience is his reason discerning the moral values of a particular situation. A conscience needs guidance to perform as it should and is guided by the natural law. Conscience makes a judgment of a right or wrong action based on the fundamental natural law principle, "the first precept of law is that good is to be done and evil is to be avoided." [33]The judgment of the conscience is made by the individual person who uses his reason to judge between good and evil, and also in choosing the good and avoiding the evil.
Minds are sharpened by diversity and by opposition. The religion or belief is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respect and guaranteed. civil authority.''[23]
B. Content of Freedom of Religion
Wood asserts that if men become indifferent to freedom of religion, they will not retain unimpaired the true scientific spirit.[34] He thinks the true education means character training; thus, to educate people a religion is indispensable. The function of the States is to provide defence against external foes and to administer justice. [35]
Freedom of religion means freedom to have or adopt a religion or belief of one's choice. The freedom to choose a religion or belief includes the right to replace one's current religion or belief. These freedoms are protected by law.
Religious liberty indicates that it is not just what is in the mind that is important. One ought to have the opportunity to put it into practice; that is, to be able to profess any religion and practise it privately or openly. This involves manifesting that religion in worships, teaching, practice and observance. It protects theistic and atheistic beliefs, as well as the right not to profess any religion.
In the exercise of the right of Religious liberty, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (Article 29(2) of Universal Declaration)
The limitations refer to what is contrary to morality, public order or general welfare, which includes practices such as human sacrifice, self-immolation, suicide, mutilation of oneself or others, and slavery or prostitution carried out in the service of, or under the pretext of, promoting a religion or belief. The activities aimed at the destruction of the state, such as rebellion or subversion, or the breach of international peace and security in the name of a religion are not allowed.
In summary: Individuals should: (a) be permitted to manifest their religious beliefs in public and in private; (b) be unrestricted, fully protected with respect to their right to believe or not to believer, and be equally free to change their religious belief; (c) be permitted to worship, either individually or in community, with others; (d) be limited by what is contrary to morality, public order or general welfare.
Natural law confirm all human being are create equal and have free will, religion is a kind of personal spiritual experience, Locke assert the power of government must be limited within his purpose and Jefferson help build up the world the first true religious liberty in legal sense, all these prove that the freedom of religion come from natural law ideology. At meantime, totalitarian and dictatorship regimes' practice demonstrates that wherever deny the principle of natural law, no religious liberty could survive.
IV. Conclusion
Freedom of religion has a long history and has become a well established fundamental freedom. The idea of freedom of religion comes from theory of natural law, Milestone documents of religious liberty are:
a. Declaration of Independence of 1776
b. Virginia Bill of Rights 1776
c. An Act for Establishing Religious Freedom of 1779, which became law in 1786, in Virginia.
Their drafter, the third president of the United States Thomas Jefferson, was mainly influenced by John Locke's natural law theory. Therefore, natural law theory contributes greatly to modern freedom of religion. Since the Declaration of Universal Human Rights of 1948 and a series international and regional convention, the principle of freedom of religion is well built around the world. However, in almost all totalitarian and dictatorship regimes religious liberty still exists in theory but practice, nowadays no country openly deny or forbid religion liberty, but such regimes actually deny natural law. I believe natural law was and will govern all human society in all countries and in all time. Whenever and wherever natural laws totally disappear, justice and fairness will in great danger. Natural law is not only the foundation of humanity, but is the biggest enemy of totalitarian and dictatorship regimes. Therefore, natural law must not only be used in theory and legal documentation, but it must be justifiably practiced and enforced, producing a healthy society and economy.
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[1] Adrian Karatnycky, 'Religious Freedom and Democracy as Fundamental Human Rights', 1998, http://www.religiousfreedom. Com/conference/ Germany/ karatnycky.htm accessed November 20, 2007
[2] Relevant articles including: Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR1950), article 18 of the International Covenant on Civil and Political Rights (ICCPR1966), article 12 of the International Covenant on Economic, Social and Cultural Rights (ICCESCR1966), article 8 of the American Convention on Human Rights (ACHR 1969), article of 1, 2,4 and 6 of the United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (DBRB1981), and African [Banjul] Charter on Human and Peoples' Rights (ACHPR1981).the most detail stipulation of freedom of religion is the Article 1, 2,4 and 6 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 1981.
[3] General editors Peter Bishop & Michael Darton, The encyclopaedia of World Faiths-an illustrated survey of the world's living religions. Facts On File Publications, New York.1989. pp.7,12, 30.
[4] William A. Luijpen, "Phenomenology of Natural Law", Duquesne University Press , Pittsburgh, Pa. 1967, p.68.
[5] William A. Luijpen, "Phenomenology of Natural Law", Duquesne University Press , Pittsburgh, Pa. 1967, p.65.
[6] spinoza op.cit.c.II, 4
[7] William A. Luijpen, "Phenomenology of Natural Law", Duquesne University Press , Pittsburgh, Pa. 1967, p.68.
[8] William A. Luijpen, "Phenomenology of Natural Law", Duquesne University Press , Pittsburgh, Pa. 1967, pp.75, 76.
[9] William A. Luijpen, "Phenomenology of Natural Law", Duquesne University Press , Pittsburgh, Pa. 1967, p.69.
[10] Russell Kirk, ' The Case For and Against Natural Law'July 15, 1993,Heritage Lecture,http://www.heritage.org/Research/PoliticalPhilosophy/HL469.cfm accessed November 22, 2007
[11] John Locke's Biography by European Graduate School EGS.
[12] H.G. Wood, " Religious Liberty Today" Octagon Books, New York, 1949, p.20.
[13] H.G. Wood, "Religious Liberty Today" Octagon Books, New York, 1949, p. 25.
[14] Matt Lancaster, "Religious Philosophy and Natural Law"http://www.anti-state.com/lancaster/lancaster5.html access on November 24, 2007
[15] Jonathan Rowe, "Some Thoughts on the Natural Law", Feb 27th 2006 http://positiveliberty.com/2006/02/some-thoughts-on-the-natural-law.html access on November 24, 2007
[16] Thomas Jefferson, Draft for a Bill to Establish Religious Freedom in Virginia (1779).section I.
[17] Thomas Jefferson, Draft for a Bill to Establish Religious Freedom in Virginia (1779).section II.
[18] Thomas Jefferson, Draft for a Bill to Establish Religious Freedom in Virginia (1779).section III
[19] Charles Canady, ' Religious Freedom and Democracy', http://www.religiousfreedom.com/conferenc/Germany/canady.htm accessed November 20, 2007 .
[20] Thomas Jefferson, " An Act for Establishing Religious Freedom" [1779]
[21] Thomas Jefferson, The Virginia Act For Establishing Religious Freedom, http://usinfo.state.gov/usa/infousa/facts/democrac/42.htm access on November 22, 2007
[22] George Mason June 12, 1776
[23] Abington School District v. Schempp, 374 U.S. 203, 222 -23 (1963).
[24] Maryland Constitution 1776, Preamble. "We, the people of the state of Maryland, Grateful to Almighty God for our civil and religious liberty... " Pennsylvania Constitution 1776, Preamble. "We, the people of Pennsylvania, grateful To Almighty God for the blessings of civil and religious liberty, and Humbly invoking His guidance . ..." the Federal Northwest Ordinance 1787 provided: "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." This freedom limits the state and so safeguards the freedom of all — believers and non-believers alike. the New Hampshire Constitution of 1792 stipulated: "Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the rights of conscience."
[25] H.G. Wood, Religious Liberty Today, Octagon Books, New York, 1973, P.36.
[26] H.G. Wood, Religious Liberty Today, Octagon Books, New York, 1973, p.35.
[27] For instance, Mr.Richard Wurmbrand, an evangelical minister who spent fourteen years in communist imprisonment and torture in Rumania, said that Nazi terror was great, but only a taste of the to come under the communists, For they has one great advantage. They taught us that human spirit with God's help could survive horrible tortures. a pastor whose name was Florescu was tortured with red-hot iron pokers and with knives. He was beaten very badly. Then starving rats ware driven into his cell through a large pipe. They brought his fourteen-year-old son and began to whip the boy in front of his father until beat him to death. Christians were put in icebox refrigerator cells, freezing to within just one minute or two of death, and then being thawed out again, it continued endlessly, the communism is a devil spirit indeed. See:Richard Wurmbrand, Tortured For Christ, Living Sacrifice Books,Middlebury, 1969, pp.13, 36,37.
[28] Communist party has tortured 3150 Falun Gong's practitioners to death and put more than 100,000 into prison and forced labour camp without tried. see Fa Lundafa clearwisdom.net. http://library.minghui.org/category/32,96,,1.htm access Feb 8, 2008.
[29] The CCP has tortured more than 10000 to death and put more than 100000 into prison and labour camp. See The Current situation of the religion faith and family church of China by the Committee of the truth of persecution of religion of Chian..http://www.china21.org/access Feb 8, 2008.
[30] Lord Acton, Selected Writings of Lord Acton: Essays in Religion, Politics, and Morality, ed. J. Rufus Fears, 3 vols. (Indianapolis: Liberty Classics, 1988), 3:490
[31] Virginia Statute for Religious Freedom, 1786. W.W. Hening, ed., Statutes at Large of Virginia, vol. 12 (1823): 84-86.
[32] Timothy B.Lewis, 'Virtue and Morality Freedoms Prerequisites', the Constitutional Freedom Foundation,http://www.constitutionalfreedomfoundation.org/Articles/constitutional_primer_4_virtue.htm access on November 22, 2007
[33] Ann Donaldson, 'The Spiritual Fruits of Political Liberty',http://www.theologyandeconomics.org/publicat/books/duty/hmention1.html access on November 22, 2007
[34] H.G. Wood, Religious Liberty Today, Octagon Books, New York, 1949, p.17.
[35] H.G. Wood, Religious Liberty Today, Octagon Books, New York, 1949, p.26.