10PM: Strength of religious freedom must be built in US courts, LDS leader says

6PM: Strength of religious freedom must be built in US courts, LDS leader says

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SALT LAKE CITY — Elder Dallin H. Oaks, of The Church of Jesus Christ of Latter-day Saints’ Quorum of the Twelve Apostles, will give the keynote address at Utah Valley University's Spring Constitutional Symposium on Religious Freedom.

In an interview with KSL Newsradio’s Amanda Dickson and Grant Nielsen, he said he won't be speaking as a leader of the LDS Church, but as an interested, knowledgeable citizen concerned about the condition of democracy and free speech in the United States of America.

“The contention that comes from unresolved controversies in this area is poisonous to the civic atmosphere, and it is a disadvantage to all of us as citizens,” Elder Oaks said.

Over the last century the U.S. has faced many challenges to religious freedom, but Elder Oaks says his concern now is how political and divisive they've become.

“Specifically, we’ve got non-discrimination — which is a very important civic value — being set in opposition to religious freedom, and people are choosing up sides as if you couldn’t have both of them,” he said.

He believes some of the current contests also impinge on free speech, and that should concern all citizens.

There have been many times more plaintiffs on free speech than there have on religious freedom, so the law is not well-developed. I would say to people who are interested in the free exercise of religion, get a lawyer and go to court and develop the law. –Elder Dallin H. Oaks

“The First Amendment stands as a barrier, but it’s constantly in interpretation, and some of the current interpretations of freedom of religion, for example, put that value in doubt,” Elder Oaks said. “For example, I’m very concerned about an argument by some scholars that religious freedom doesn’t really add anything to free speech.”

He pointed out the framers of the U.S. Constitution provided two guarantees for the freedom of religion.

“They guaranteed the free exercise of religion, and they also guaranteed free speech; and both of those great values, ‘the first freedoms’ we call them, combine to protect the freedom of religion,” Elder Oaks said.

Free speech has a lot of protection in this country because there have been thousands of cases that have tested its limits. Elder Oaks says courts need more plaintiffs fighting for religious freedom.

“There have been many times more plaintiffs on free speech than there have on religious freedom, so the law is not well-developed,” he said. “I would say to people who are interested in the free exercise of religion, get a lawyer and go to court and develop the law.”

While laws will not resolve all the controversies, Elder Oaks said he remains hopeful about the future.

“We, as we have controversies, can come to understand one another better, and out of mutual respect can find ways not to surrender our differences, but to learn how to live with them,” he said.

To hear more of Elder Oaks interview on religious freedom, watch “Deseret News National Edition” Sunday at 9 a.m. on KSL channel 5.

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