TERRE HAUTE —
Because religious faith is, arguably, the quintessential example of our right to privacy, to say nothing of its prominent place in our First Amendment, throughout our history court cases involving the free exercise of religion have been handled with great trepidation and with particular care. One of the milestone “free exercise” religion cases, Davis v. Beason, was decided by the Supreme Court this week (Feb. 3) in 1890.
The case arose after Congress passed legislation that made polygamy a felony and prohibited polygamists from voting. In Idaho, where Samuel Davis lived, a similar law was passed requiring all residents voting in elections to swear they were neither bigamists nor polygamists. Thus when Davis, a Mormon polygamist, was convicted of falsely swearing he was not one — thereby revoking his right to vote — he sued, claiming the law violated his right to the free exercise of his Mormon religion.
The Supreme Court unanimously upheld the Idaho law, and in his opinion Justice Stephen Field wrote, “Bigamy and polygamy are crimes by the laws of all civilized and Christian countries.
They tend to destroy the purity of marriage relations, to disturb the peace of families, to degrade woman and debase man.”
Which is more of an observation than a legal ruling, but Field added that the free exercise clause in our First Amendment was not designed to shield a person from laws that punished citizens for acts, including religious-based acts such as polygamy, that are “inimical to the peace, good order and morals of society.” Field added that while laws “cannot interfere with mere religious belief and opinions, they may [interfere] with practices.”
Field’s ruling was historic because, for the first time, a Supreme Court justice articulated what became known as the “belief-conduct distinction.” In effect, Field ruled that, with respect to religion (or anything else), Americans are free to believe whatever they want to believe and the state can never interfere with that belief (religious belief is an especially private matter). But when citizens act on those beliefs — when they engage in behavior based on those beliefs — then they have entered the public arena. At that point the courts can decide whether those actions have a negative impact on the rights of others, or on the welfare — the “peace, good order and morals” — of the larger community.
The “belief-conduct” distinction became the foundation of many subsequent Supreme Court decisions, and its relevance today is unmistakable. It is one thing to believe, based on your religious faith, that doing charitable work will help get you into Heaven. It is another thing to believe, based on your religious faith, that killing every infidel who does not share that faith will get you into Paradise.
Bruce G. Kauffmann’s email address is bruce@historylessons.net.
History
BRUCE'S HISTORY LESSON: Freedom of religion — beliefs and actions
- History
-
-
GENEALOGY: Library archives contain tons of information
Inside the archives room of the Vigo County Public Library, row after row of fragile documents, rare out-of-print books, and historic photographs are kept on shelves in a humidity and temperature-controlled room.
-
HISTORICAL PERSPECTIVE: Historic efforts to open Center Street from Cherry to Swan
Efforts to open Center Street, from Cherry to Swan, spanned a half century or more.
-
LOOKING BACK: 2002 — Valley drenched in wettest spring in 107 years
Dorothy Jerse looks back at local history from 10, 25 and 50 years ago as reported in the Tribune and Tribune-Star. -
HISTORICAL TREASURE: Some history wreathed in hair
From the unfortunate occurrence of Prince Albert’s death in 1861 came the social mores of proper mourning practices and accoutrements witnessed and endorsed by the admirers of Queen Victoria in her reign-long state of grieving.
-
LOOKING BACK: 1987: League of Women Voters reorganizes
Dorothy Jerse looks back at local history from 10, 25 and 50 years ago as reported in the Tribune and Tribune-Star.
-
HISTORICAL TREASURE: Here comes the bride
The newest major exhibit at the Historical Museum, which opens Tuesday, showcases wedding gowns worn by Vigo County residents.
-
HISTORICAL PERSPECTIVE: Downtown changes featured in early 1927
During March and April of 1927 – about 85 years ago – the owners of interests in four major downtown Terre Haute theaters were negotiating to transfer their interests to representatives of Paramount Studios.
-
GENEALOGY: Genealogy isn’t for the easily embarrassed
The saying goes, if you’re easily embarrassed or afraid of what you’ll find, don’t start doing genealogy.
-
BRUCE’S HISTORY LESSONS: The long, lost, last — the 27th —Amendment
Our very last constitutional amendment — the 27th Amendment — was ratified this week (May 7) in 1992 when Michigan became the 38th state to approve it.
-
BRUCE’S HISTORY LESSONS: The Haymarket Square Massacre
One unhappy byproduct of the Industrial Age was the growing discontent of its industrial workers, who constantly agitated for better pay and more humane working conditions.
-
LOOKING BACK: 1962: Stands packed as Wiley takes county track title
Dorothy Jerse looks back at local history from 10, 25 and 50 years ago as reported in the Tribune and the Tribune-Star.
-
HISTORICAL PERSPECTIVE: Death of Terre Haute jeweler gains national headlines
Terre Haute sought national publicity in 1910 through “Boosterism,” lauding the city’s significant advancements during the decade ending Dec. 31, 1909.
-
GENEALOGY: Cemetery Committee to conduct restoration workshop
The Wabash Valley Genealogy Society’s Cemetery Committee will conduct an all-day cemetery restoration workshop on Saturday at the Smith Cemetery near Youngstown, Honey Creek Township, Vigo County, Ind.
-
HISTORICAL TREASURE: Harmonious history
In 1923, a group of singers calling themselves the Harmony Four entertained regularly over the radio and at civic and various club events.
-
BRUCE’S HISTORY LESSONS: Cleveland observes Lincoln’s funeral
The death of America’s greatest president, Abraham Lincoln, resulted in an outpouring of national mourning, the apex of which came in late April of 1865 when a specially outfitted train carried his body on a thirteen-day, 1,700-mile, eleven-city funeral procession from Washington, D.C., to his home and final resting place in Springfield, Ill.
-
GENEALOGY: Many people can trace ancestry to Titanic
This month marks the 100th anniversary of the sinking of the Titanic, which occurred on April 14-15, 1912.
-
LOOKING BACK: 1987: ISU bowling team at nationals again
Dorothy Jerse looks back at local history from 10, 25 and 50 years ago as reported in the Tribune and Tribune-Star.
-
HISTORICAL PERSPECTIVE: Sullivan County mine explosion kills 8 in 1878
Shortly after 4 p.m., Thursday, Nov. 21, 1878, an enormous explosion rocked the Handford Brothers mine about one-half mile north of the Evansville & Terre Haute Railroad depot in Sullivan County.
-
HISTORICAL TREASURE: A common feature, but memorable
As an absolute architecture nerd, I tend to look at buildings noticing the odd ball things such as door hinges and door locks in addition to admiring the overall building.
-
BRUCE'S HISTORY LESSONS: MLK’s letter written from a jail cell in Birmingham
This week (April 16) in 1963 Martin Luther King Jr. sat in a jail cell in Birmingham, Ala., having been arrested for violating a trumped-up court order that prohibited him and his followers from conducting various protest activities, most of which you can read about in the First Amendment.
-
LOOKING BACK: 1962: Swope celebrates 20th anniversary
Dorothy Jerse looks back at local history from 10, 25 and 50 years ago as reported in the Tribune and Tribune-Star.
-
HISTORICAL PERSPECTIVE: 1955 Babe Ruth League championship team to be feted
Currently in his 25th year as a college baseball coach, Rick Heller is in the midst of his third winning season at Indiana State and has embraced the university and the community.
-
GENEALOGY: Long-awaited 1940 census is now available for the public
The long-awaited release of the 1940 census took place on April 2.
-
HISTORICAL TREASURE: Memories baked from scratch
On my Historical Treasure hunt, I was drawn to a pasteboard barrel 28 inches high and 18.5 inches across with the words “Calumet Baking Powder Bakes Best, Received Highest Award” on one side and “Calumet Baking Powder Always Pleases, Try It” on the other.
-
BRUCE'S HISTORY LESSON: Thomas Jefferson's flights of fancy
Thomas Jefferson, born this week (April 13) in 1743, is — deservedly so — in the pantheon of American heroes.
-
HISTORICAL PERSPECTIVE: J.K. Emmet’s first appearance at the Terre Haute Opera House
The first season of the magnificent Terre Haute Opera House, which featured many of the world’s premier celebrities, was a resounding success.
-
GENEALOGY: Black Death had a monumental effect on world
One event in the past had a monumental effect on our ancestors, indeed determining who they would be. This was the advent and spread of bubonic plague, the Black Death. The plague originated in China in 1333. It was caused by a bacterium in fleas, which were carried by rats. The plague spread out of China via trading routes with the West (the Silk Road) and especially on ships, which carried flea-infested rats and provided a closed environment for people to infect each other.
-
LOOKING BACK: 1987: 'Banana king' opens Farmer's Market
Dorothy Jerse looks back at local history from 10, 25 and 50 years ago as reported in the Tribune and Tribune-Star.
-
HISTORICAL TREASURE: Hunting for sugary Easter treats
Among the many varieties of the Easter egg, none is more charming than the panoramic Sugar Egg. Three were recently given to the Vigo County Historical Museum by Judy Lowe and are shown in an Easter-themed display case in the entry hall.
-
BRUCE'S HISTORY LESSONS: 1820s: The power of the postmaster general
John McLean, who died this week (April 4) in 1861, was — by his early 40s — one of the most important people in America. In fact, he oversaw what was, in the 1820s, the federal government’s largest, most extensive and arguably most important responsibility.
- More History Headlines
-
GENEALOGY: Library archives contain tons of information
Boy to Rescuers: 'Do You Have a Plan?'
Doctors and Devotees Debate Barefoot Running
US Airways: Diverted Flight Has 'Landed Safely'
Blacks Seek to Find Their Own Missing
Gerard Butler: the Good, the Bad and the Cannes
Revived Focus on Regulation After JPMorgan Loss
Serial Stabbings Suspect Guilty of Murder
Raw Video: Private Rocket Blasts Off
Chicago Police: 90 Arrested in NATO Protests
Ex-Rutgers Student Gets 30 Days in Webcam Case
Sheriff: DNA Links Suspect to Missing CA Teen
New Medicine. Can IPads Help Spot Dementia Risk?
At Least 25 Dead in India Train Collision
A Few Odd Business Sparks but Europe Gloomy
8 Hurt in Oklahoma Shooting After NBA Playoff
Facebook Shares Continue Negative Slide
Raw Video: Man Saved After Niagara Falls Plunge
Obama Sees Inspiration in Joplin Graduates
Raw Video: Dramatic 270-Foot Waterfall Rescue
Houston Museum Unveils $85 Million Dinosaur Hall
Daisy Sizzles in Sexy Swimwear
Officers Use Deadly Force on Mountain Lion in Santa Monica
Lea Michele Shows Major Skin
Why Cee Lo Thinks 'The Voice' is So Popular
Burlesque New Orleans
Mike Posner Talks Sneakers: Bamboozle 2012
Howard Stern Makes Kid Cry on AGT
Neighbor Feud Results in Dog Poop in Mailbox
Tiger's Ex-Wife Bares Her Bod
VIDEO | Zoo Chimp Charges Children
Child locked in washing machine after father put him there
Incubus On Working With Odd Future: Bamboozle 2012
'PLL' First Look Clip!
Fired for being 'too hot'
Ashley Olsen is a Bikini Babe
'Part of Me' Details 'Bumpy' Marriage, Says Katy
Music downloader owes nearly $700K in fines
Kardashian Sisters Pose in Lingerie
