Who Decides What’s a Religion? A History of the Government Trying to Answer a Question It Has No Business Asking
Two centuries of Supreme Court cases, IRS rulings, and congressional statutes have built an elaborate legal framework for defining religion.
Two centuries of Supreme Court cases, IRS rulings, and congressional statutes have built an elaborate legal framework for defining religion. The through-line is consistent: the government can ask if you’re sincere, but it cannot tell you whether your faith is real.
Here is the foundational paradox of American religious liberty: the First Amendment forbids the government from establishing religion, but to protect religion, courts and agencies have to know what counts as religion in the first place. Every attempt to draw that line creates the very entanglement the clause was designed to prevent.
Legal scholars have acknowledged the impossibility openly. Any definition that focuses on the particular characteristics of religious practice is “destined to fail” because definitions establish what religion is and therefore dictate what a religion must be — thereby contradicting the idea of freedom to practice whatever faith a person feels compelled to observe. Many scholars believe a government definition of religion is “contrary to the entire concept of religious liberty” and will only “create stagnancy by restricting the present and future growth of religion.”





























