05) CONSCIENCE: How can governments ensure that the right to the free exercise of conscience not be infringed?

Prophetic Statements

Joseph Smith

Your constitution guarantees to every citizen, even the humblest, the enjoyment of life, liberty and property. It promises to all, religious freedom, the right to all to worship God beneath their own vine and fig tree, according to the dictates of their conscience. It guarantees to all the citizens of the several states the right to become citizens of any one of the states, and to enjoy all the rights and immunities of the citizens of the state of his adoption. 1

Ezra Taft Benson

The function of government is to protect life, liberty, and property, and anything more or less than this is usurpation and oppression. 2

My attitude toward government is succinctly expressed by the following provision taken from the Alabama Constitution: “That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.” 3

An important test I use in passing judgment upon an act of government is this: If it were up to me as an individual to punish my neighbor for violating a given law, would it offend my conscience to do so? Since my conscience will never permit me to physically punish my fellow man unless he has done something evil, or unless he has failed to do something which I have a moral right to require of him to do, I will never knowingly authorize my agent, the government to do this on my behalf.

I realize that when I give my consent to the adoption of a law, I specifically instruct the police – the government – to take either the life, liberty, or property of anyone who disobeys that law. Furthermore, I tell them that if anyone resists the enforcement of the law, they are to use any means necessary – yes, even putting the lawbreaker to death or putting him in jail – to overcome such resistance. These are extreme measures but unless laws are enforced, anarchy results.

As John Locke explained many years ago: “The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of laws, where there is no law there is no freedom. For liberty is to be free from restraint and violence from others, which cannot be where there is no law; and is not, as we are told, ‘a liberty for every man to do what he lists.’ For who could be free, when every other man’s humour might domineer over him? But a liberty to dispose and order freely as he lists his person, actions, possessions, and his whole property within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own.” 4 5

I believe we Americans should use extreme care before lending our support to any proposed government program. We should fully recognize that government is no plaything. As George Washington warned, “Government is not reason, it is not eloquence – it is force! Like fire, it is a dangerous servant and a fearful master!” It is an instrument of force and unless our conscience is clear that we would not hesitate to put a man to death, put him in jail or forcibly deprive him of his property for failing to obey a given law, we should oppose it. 6

Scriptures

D&C 134:2, 4, 5, 7, 9

We believe that no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property, and the protection of life.

We believe that religion is instituted of God; and that men are amenable to him, and to him only, for the exercise of it, unless their religious opinions prompt them to infringe upon the rights and liberties of others; but we do not believe that human law has a right to interfere in prescribing rules of worship to bind the consciences of men, nor dictate forms for public or private devotion; that the civil magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the freedom of the soul.

We believe that all men are bound to sustain and uphold the respective governments in which they reside, while protected in their inherent and inalienable rights by the laws of such governments; and that sedition and rebellion are unbecoming every citizen thus protected, and should be punished accordingly; and that all governments have a right to enact such laws as in their own judgments are best calculated to secure the public interest; at the same time, however, holding sacred the freedom of conscience.

We believe that rulers, states, and governments have a right, and are bound to enact laws for the protection of all citizens in the free exercise of their religious belief; but we do not believe that they have a right in justice to deprive citizens of this privilege, or proscribe them in their opinions, so long as a regard and reverence are shown to the laws and such religious opinions do not justify sedition nor conspiracy.

We do not believe it just to mingle religious influence with civil government, whereby one religious society is fostered and another proscribed in its spiritual privileges, and the individual rights of its members, as citizens, denied.

Mosiah 26:6-37

For it came to pass that they did deceive many with their flattering words, who were in the church, and did cause them to commit many sins; therefore it became expedient that those who committed sin, that were in the church, should be admonished by the church.

And it came to pass that they were brought before the priests, and delivered up unto the priests by the teachers; and the priests brought them before Alma, who was the high priest.

Now king Mosiah had given Alma the authority over the church.

And it came to pass that Alma did not know concerning them; but there were many witnesses against them; yea, the people stood and testified of their iniquity in abundance.

Now there had not any such thing happened before in the church; therefore Alma was troubled in his spirit, and he caused that they should be brought before the king. And he said unto the king: Behold, here are many whom we have brought before thee, who are accused of their brethren; yea, and they have been taken in divers iniquities. And they do not repent of their iniquities; therefore we have brought them before thee, that thou mayest judge them according to their crimes.

But king Mosiah said unto Alma: Behold, I judge them not; therefore I deliver them into thy hands to be judged.

And now the spirit of Alma was again troubled; and he went and inquired of the word what he should do concerning this matter, for he feared that he should do wrong in the sight of God.

And it came to pass that after he had poured out his whole soul to God, the voice of the Lord came to him, saying:

Blessed art thou, Alma, and blessed are they who were baptized in the waters of Mormon. Thou art blessed because of thy exceeding faith in the words alone of my servant Abinadi.

And blessed are they because of their exceeding faith in the words alone which thou hast spoken unto them.

And blessed art thou because thou hast established a church among this people; and they shall be established, and they shall be my people.

Yea, blessed is this people who are willing to bear my name; for in my name shall they be called; and they are mine.

And because thou hast inquired of me concerning the transgressor, thou art blessed.

Thou art my servant; and I covenant with thee that thou shalt have eternal life; and thou shalt serve me and go forth in my name, and shalt gather together my sheep.

And he that will hear my voice shall be my sheep; and him shall ye receive into the church, and him will I also receive.

For behold, this is my church; whosoever is baptized shall be baptized unto repentance. And whomsoever ye receive shall believe in my name; and him will I freely forgive.

For it is I that taketh upon me the sins of the world; for it is I that hath created them; and it is I that granteth unto him that believeth unto the end a place at my right hand.

For behold, in my name are they called; and if they know me they shall come forth, and shall have a place eternally at my right hand.

And it shall come to pass that when the second trump shall sound then shall they that never knew me come forth and shall stand before me.

And then shall they know that I am the Lord their God, that I am their Redeemer; but they would not be redeemed.

And then I will confess unto them that I never knew them; and they shall depart into everlasting fire prepared for the devil and his angels.

Therefore I say unto you, that he that will not hear my voice, the same shall ye not receive into my church, for him I will not receive at the last day.

Therefore I say unto you, Go; and whosoever transgresseth against me, him shall ye judge according to the sins which he has committed; and if he confess his sins before thee and me, and repenteth in the sincerity of his heart, him shall ye forgive, and I will forgive him also.

Yea, and as often as my people repent will I forgive them their trespasses against me.

And ye shall also forgive one another your trespasses; for verily I say unto you, he that forgiveth not his neighbor’s trespasses when he says that he repents, the same hath brought himself under condemnation.

Now I say unto you, Go; and whosoever will not repent of his sins the same shall not be numbered among my people; and this shall be observed from this time forward.

And it came to pass when Alma had heard these words he wrote them down that he might have them, and that he might judge the people of that church according to the commandments of God.

And it came to pass that Alma went and judged those that had been taken in iniquity, according to the word of the Lord.

And whosoever repented of their sins and did confess them, them he did number among the people of the church;

And those that would not confess their sins and repent of their iniquity, the same were not numbered among the people of the church, and their names were blotted out.

And it came to pass that Alma did regulate all the affairs of the church; and they began again to have peace and to prosper exceedingly in the affairs of the church, walking circumspectly before God, receiving many, and baptizing many.

Mosiah 27:1-3

And now it came to pass that the persecutions which were inflicted on the church by the unbelievers became so great that the church began to murmur, and complain to their leaders concerning the matter; and they did complain to Alma. And Alma laid the case before their king, Mosiah. And Mosiah consulted with his priests.

And it came to pass that king Mosiah sent a proclamation throughout the land round about that there should not any unbeliever persecute any of those who belonged to the church of God.

And there was a strict command throughout all the churches that there should be no persecutions among them, that there should be an equality among all men;

Alma 1:7-12, 17, 20-21, 22

And it came to pass as he was going, to preach to those who believed on his word, he met a man who belonged to the church of God, yea, even one of their teachers; and he began to contend with him sharply, that he might lead away the people of the church; but the man withstood him, admonishing him with the words of God.

Now the name of the man was Gideon; and it was he who was an instrument in the hands of God in delivering the people of Limhi out of bondage.

Now, because Gideon withstood him with the words of God he was wroth with Gideon, and drew his sword and began to smite him. Now Gideon being stricken with many years, therefore he was not able to withstand his blows, therefore he was slain by the sword.

And the man who slew him was taken by the people of the church, and was brought before Alma, to be judged according to the crimes which he had committed.

And it came to pass that he stood before Alma and pleaded for himself with much boldness.

But Alma said unto him: Behold, this is the first time that priestcraft has been introduced among this people. And behold, thou art not only guilty of priestcraft, but hast endeavored to enforce it by the sword; and were priestcraft to be enforced among this people it would prove their entire destruction.

Nevertheless, they durst not lie, if it were known, for fear of the law, for liars were punished; therefore they pretended to preach according to their belief; and now the law could have no power on any man for his belief.

Yea, they did persecute them, and afflict them with all manner of words, and this because of their humility; because they were not proud in their own eyes, and because they did impart the word of God, one with another, without money and without price.

Now there was a strict law among the people of the church, that there should not any man, belonging to the church, arise and persecute those that did not belong to the church, and that there should be no persecution among themselves.

Nevertheless, there were many among them who began to be proud, and began to contend warmly with their adversaries, even unto blows; yea, they would smite one another with their fists.

Alma 1:21

Now there was a strict law among the people of the church, that there should not any man, belonging to the church, arise and persecute those that did not belong to the church, and that there should be no persecution among themselves.

  1. Joseph Smith, History of the Church, 4:37.
  2. Ezra Taft Benson, Conference Report 1968.
  3. Art. 1, Sec. 35.
  4. John Locke, Two Treatises of Civil Government, II, p. 57.
  5. Prophets, Principles and National Survival, p. 101.
  6. Ezra Taft Benson, The Proper Role of Government.
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