Omar Bennett
The First Amendment to the United States Constitution, adopted on December 15, 1791, includes the right to freedom of religion. The amendment prevents Congress from creating laws that establish a national religion or prohibit the free exercise of religion. It also protects citizens' right to practice their religion, as long as it does not conflict with public morals or a compelling government interest. The interpretation and application of religious freedom have been the subject of numerous court cases, with the Supreme Court playing a key role in defining the boundaries of this right.
| Characteristics | Values |
|---|---|
| Freedom of religion | Guarantees the right to freely exercise one's faith and to be free from government imposition of religion |
| Establishment Clause | Prevents the establishment of a state church, not public acknowledgements of God |
| Free Exercise Clause | Protects citizens' right to practice their religion as they please, so long as it does not conflict with "public morals" or a "compelling" governmental interest |
| First Amendment | Prevents Congress from making laws that establish a religion, prohibit the free exercise of religion, abridge freedom of speech, freedom of the press, freedom of assembly, or the right to petition the government |
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What You'll Learn
The Establishment Clause
The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is governed by the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971). Under the "Lemon" test, the government can assist religion only if:
- The primary purpose of the assistance is secular.
- The assistance must neither promote nor inhibit religion.
- There is no excessive entanglement between church and state.
One point of contention regarding the Establishment Clause is how to frame government actions that implicate religion. This issue often arises in the context of permanent religious monuments on public land. While it is clear that cities cannot install new religious monuments, there is a fierce debate over whether existing monuments should be removed.
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The Free Exercise Clause
The precise scope of the Free Exercise Clause has been the subject of legal debate and interpretation over the years. The original text of the First Amendment applied only to the US Congress, meaning that state and local governments were not bound by the Free Exercise Clause unless a similar provision existed in their state constitution. However, in Cantwell v. Connecticut (1940), the Supreme Court held that the Free Exercise Clause is enforceable against state and local governments through the Incorporation Doctrine, which applies the Fourteenth Amendment's due process clause to extend constitutional rights to the state level.
It is important to note that the Free Exercise Clause and the Establishment Clause (also part of the First Amendment) work together to ensure religious freedom. While the Establishment Clause prohibits the government from establishing or promoting a particular religion, the Free Exercise Clause protects citizens' right to practice their chosen religion without interference from the government, as long as it does not conflict with public morals or a compelling governmental interest.
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The Lemon Test
The three prongs of the Lemon Test are as follows:
- Secular Purpose: The government action in question must have a secular purpose. In other words, it must be intended to primarily serve a secular objective rather than promote or inhibit religion.
- Secular Effect: The primary effect of the government action must be to advance or inhibit secularity. Even if the action has a secular purpose, it may still fail this criterion if it has a predominantly religious effect.
- No Excessive Entanglement: The government action must not create "excessive entanglement" between the government and religion. This prong is subject to interpretation and can be influenced by the perspective of the beholder. While some justices have argued for a strict separation between church and state, others have favoured accommodation, allowing for more room for government involvement in religious practices.
By 2022, the Supreme Court had largely abandoned the Lemon Test, opting instead to refer to historical practices and understandings when evaluating potential violations of the Establishment Clause.
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Religious Freedom Restoration Act
The Religious Freedom Restoration Act (RFRA) of 1993 was adopted by Congress to override the Supreme Court decision in Employment Division, Department of Human Resources of Oregon v. Smith (1990) and provide greater protection under the First Amendment free exercise clause. The RFRA states that the "Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability."
The Act provides an exception if two conditions are met. Firstly, the burden must be necessary for the "furtherance of a compelling government interest." Secondly, the rule must be the least restrictive way to further the government interest. The RFRA initially applied to both state and federal laws, but in 1997, the Supreme Court ruled in City of Boerne v. Flores that its application to state governments was unconstitutional.
In response to this decision, twenty-one states have passed State Religious Freedom Restoration Acts that apply to state governments and local municipalities. The RFRA has been used in several cases to protect religious freedom, including Gonzales v. O Centro Espírita Beneficente União do Vegetal (2006) and Burwell v. Hobby Lobby Stores, Inc. (2014). The Act also allows those whose religious rights are adversely affected by federal officers acting on behalf of the government to seek remedies, including monetary damages, from those individuals, as seen in Tanzin v. Tanvir (2020).
The RFRA has been criticised for potentially violating the principle of separation of powers and interfering with states' traditional authority to regulate the health and safety of their citizens. However, it remains a cornerstone for protecting religious freedom in the United States, with ongoing debates between Congress and the Supreme Court regarding the level of religious liberty protection.
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The First Amendment
The Supreme Court is responsible for interpreting the First Amendment and has provided valuable insights into the limits and reach of religious freedom. While regulations and accommodations are sometimes necessary to maintain these protections, the Court's approach to balancing these considerations ensures that the government allows for the free exercise of religion without promoting or burdening it.
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Frequently asked questions
Yes, the First Amendment to the United States Constitution includes the freedom of religion. It prevents Congress from making laws that establish a national religion, prohibit the free exercise of religion, or impede the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government.
The Establishment Clause is part of the First Amendment and prevents the government from endorsing, promoting, or becoming overly involved with religion. It also prevents the establishment of a state church.
The Free Exercise Clause is also part of the First Amendment and protects citizens' right to practice their religion as they please, as long as it does not conflict with "public morals" or a "compelling" government interest.
