Simone Lawson
The US Constitution contains several clauses that address the relationship between religion and the state. These include the Establishment Clause, the Free Exercise Clause, and the Free Speech Clause. The interpretation and implementation of these clauses have evolved over time, with the Supreme Court playing a significant role in shaping their meaning through landmark cases such as Everson v. Board of Education, Lemon v. Kurtzman, and Wisconsin v. Yoder. The religion clauses continue to be a subject of debate and litigation, with complex church-state disputes arising in a religiously diverse society.
| Characteristics | Values |
|---|---|
| Number of religion clauses | 2 |
| First Amendment guarantees | Freedoms concerning religion, expression, assembly, and the right to petition |
| First Amendment forbids | Congress from promoting one religion over others and restricting an individual’s religious practices |
| First Amendment freedom of expression | Prohibits Congress from restricting the press or the rights of individuals to speak freely |
| First Amendment right of citizens | Peaceful assembly and petitioning the government |
| First religion clause | "Congress shall make no laws touching religion or infringing the rights of conscience." |
| Second religion clause | "Congress shall make no law establishing religion or to prevent the free exercise thereof or to infringe the rights of conscience." |
| Third religion clause | "The civil rights of none shall be abridged on account of religious belief or worship" |
| Fourth religion clause | "Nor shall any national religion be established" |
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What You'll Learn
The Establishment Clause
The interpretation of the Establishment Clause and its application in specific cases has been a subject of debate and litigation. For instance, there has been discussion over the permissibility of religious invocations to open legislative sessions, the use of public funds for private religious school bussing, and the use of textbooks and university funds to print and publish student religious groups' publications. In addition, there is ongoing debate about the display of religious monuments on public land and whether existing monuments should be removed.
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The Free Exercise Clause
The First Amendment to the US Constitution contains two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Free Exercise Clause, commonly identified as the freedom of religion, reserves the right of American citizens to practice any religious belief and engage in religious rituals of their choosing. It protects citizens' right to practice their religion as they see fit, provided that the practice does not conflict with "public morals" or a "compelling" government interest.
The precise interpretation of the Free Exercise Clause has shifted over time. Initially, it was understood to protect religious belief but not religious practice. However, the US Supreme Court later shifted its stance, holding that any law substantially burdening religious practice would be subject to rigorous judicial review. Despite this theoretical shift towards maximum protection for religious liberty, religious liberty claims continued to face rejection in court decisions.
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The Free Speech Clause
The First Amendment of the U.S. Constitution contains clauses that relate to both religion and free speech. The First Amendment guarantees freedom of religion, expression, assembly, and the right to petition. It achieves this by prohibiting Congress from promoting one religion over others and restricting individuals' religious practices.
In Cohen v. California (1971), the Court reversed the conviction of a man wearing a jacket with a political message, citing that his expression was protected by the First Amendment, even though it contained an expletive. In Matal v. Tam (2017), the Supreme Court reaffirmed that the government cannot ban expression simply because it may be offensive to some people.
The dynamic between the Free Speech Clause and religious expression has been a subject of debate and litigation. The courts have had to balance protecting religious liberty with maintaining neutrality in matters of religion, as outlined in the Establishment Clause. This has resulted in a shifting doctrine over time, with the interpretation and application of the religion clauses evolving significantly.
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The relationship between church and state
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It specifically forbids Congress from promoting one religion over others or restricting an individual's religious practices. This is known as the Free Exercise Clause, protecting religious belief and practice from government interference. The Amendment also includes the Establishment Clause, which states that "Congress shall make no law respecting an establishment of religion". This clause has been interpreted as requiring a separation of church and state, ensuring that religion does not influence governmental decisions and vice versa.
The interpretation of these clauses has evolved over the years, with the Supreme Court playing a pivotal role. For example, in the Everson v. Board of Education case in 1947, the Court held that the Establishment Clause is protected by the due process clause of the Fourteenth Amendment, making it applicable across the nation. The Court has also acknowledged that the religion clauses are not the most precisely drawn portions of the Constitution, leaving room for debate and interpretation.
In practice, church-state disputes can be intricate and challenging to resolve. Courts must balance religious liberty with governmental interests, and there is a risk of judges being influenced by their personal values. One notable case is Lemon v. Kurtzman (1971), where the Court established a three-pronged test for laws dealing with religious establishment. To be constitutional, a statute must have a secular legislative purpose, neither advance nor inhibit religion, and avoid excessive government entanglement with religion.
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The Supreme Court's interpretation of the religion clauses
The First Amendment of the U.S. Constitution contains two clauses relating to religion: the Establishment Clause and the Free Exercise Clause. The Supreme Court has interpreted these clauses in various ways over time, with the meaning of the religion clauses in judicial opinions changing dramatically over the past 150 years.
The Establishment Clause prohibits the government from making laws "respecting an establishment of religion". This clause sets up a maximum level of permissible federal support for religion, ensuring the separation of church and state. The Supreme Court has held that neutral and generally applicable laws that burden religious practices are constitutional in most cases. However, the federal Religious Freedom Restoration Act (RFRA) and similar laws in some states require courts to apply strict scrutiny to laws that substantially burden religious practices.
The Free Exercise Clause prevents the government from prohibiting the free exercise of religion. This clause creates a minimum standard of respect that the federal government must accord to religious practice. The Supreme Court has interpreted this clause to mean that individuals can practice their religion as they choose, as long as it does not infringe on governmental interests. However, this interpretation has been challenging, as many governmental actions can be seen as infringing on religious freedom.
The Supreme Court has addressed several notable cases involving the Free Exercise Clause. In Burwell v. Hobby Lobby Stores, Inc. (2014), the Court held that the RFRA permits a closely held for-profit corporation to deny its employees health coverage for contraceptives based on the religious objections of the corporation's owners. In Town of Greece v. Galloway (2014), the Court found that legislative prayer is compatible with the Establishment Clause. In Kennedy v. Bremerton School District (2022), the Court protected an individual's right to engage in personal religious observance from government reprisal.
The Establishment Clause has also been the subject of several important Supreme Court cases. In Lemon v. Kurtzman (1971), the Court created the "Lemon test" to determine whether a government action violates the clause. The test includes three factors: the statute must have a secular legislative purpose, its primary effect must neither advance nor inhibit religion, and it must not result in excessive government entanglement with religion. However, the test has been criticised for its vagueness and inconsistent application. In Board of Education of Kiryas Joel Village School District v. Grumet (1994), the Court rejected the use of religious identity as the sole determinant of political boundaries, citing a violation of the Establishment Clause. In Zelman v. Simmons-Harris (2002), the Court allowed the government to fund schools on a neutral basis, respecting religious freedom and parental choice in education.
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Frequently asked questions
There are two religion clauses in the US Constitution.
The two religion clauses are the Establishment Clause and the Free Exercise Clause.
The Establishment Clause states that "Congress shall make no law respecting an establishment of religion". This clause is often interpreted to mean that there should be a separation of church and state.
The Free Exercise Clause states that Congress cannot prohibit the free exercise of religion. This clause protects religious practice and belief.
Yes, the religion clauses are part of the First Amendment, which guarantees freedoms concerning religion, expression, assembly, and the right to petition.
