The Constitution And Religion: What's The Relationship?

The topic of religion and its place in the constitution has been a subject of debate and discussion since the founding of the United States. The Constitution, as the highest law in the land, guarantees certain fundamental rights, including the freedom of religion. The First Amendment states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, ensuring that individuals are free to practice their own religion, or no religion at all. The Constitution also prohibits religious tests as qualifications for federal officeholders, maintaining a general silence on the subject of religion. However, the absence of explicit powers regarding religion has not prevented the government from sponsoring programs supporting general, nonsectarian religion. This complex interplay between religion and the state has been a continuous dialogue in the United States, with Americans holding varying views on the role of religion in public life.

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The US Constitution and the separation of church and state

The US Constitution and its amendments have been central to the country's approach to the role of religion in public life and the relationship between church and state. The Constitution itself does not mention God and only addresses religion in two instances. Firstly, Article VI prohibits religious tests as a qualification for public service, stating that "no religious Test shall ever be required as Qualification to any Office or public Trust under the United States". This was intended to prevent religious discrimination in public office and to ensure that no official state religion would be established. Secondly, the First Amendment, ratified in 1791, includes the Establishment Clause, which forbids Congress from making any law "respecting an establishment of religion". This clause has been interpreted to mean that the government cannot create or establish an official religion, or favour one religion (or non-religion) over another.

The phrase "separation of church and state" is not found in the Constitution but is derived from the First Amendment and the concept of religious freedom. Thomas Jefferson, in a letter to the Danbury Baptist Association, a religious minority group concerned about religious persecution, emphasised that the First Amendment's free exercise and establishment clauses built "a wall of separation between church and state". This idea of a "wall of separation" was also referenced by Supreme Court Justice Hugo Black in Everson v. Board of Education (1947), where he stated that the First Amendment "erected a wall between church and state, which must be kept high and impregnable".

The interpretation and application of the separation of church and state have been the subject of debate and litigation. The Supreme Court has allowed some government involvement in religion, such as providing funding to private religious schools and permitting prayers at certain legislative meetings. The Court has also ruled that certain religious displays on government property and the national motto, "In God We Trust", do not violate the First Amendment. However, the Court has also upheld the principle of religious freedom, prohibiting all levels of government from advancing or inhibiting religion and protecting individuals' rights to practice their beliefs.

While the US Constitution sets out the relationship between religion and the federal government, it is important to note that each state has its own constitution, which provides additional protections for religious liberty.

The absence of God in the US Constitution

The US Constitution does not include any mention of God, despite the fact that nearly all state constitutions reference God or the divine. The Constitution also does not include any religious tests as a requisite qualification for public service, except for the proscription of religious tests in Article VI. The Founding Fathers did not include religion in the Constitution for two main reasons. Firstly, many of the delegates were federalists who believed that the power to make laws about religion, if it existed, belonged to the state governments rather than the national government. Secondly, the delegates believed that introducing the controversial issue of religion into the Constitution would be a tactical mistake.

The absence of God in the Constitution can be contrasted with the Declaration of Independence, which does mention God, as well as with the constitutions of many European countries, which have a long tradition of invoking God in legal documents. The US Constitution, however, maintains a general silence on the subject of religion, reflecting the framers' belief in the separation of church and state and their desire to protect religious freedom.

The first two US presidents, George Washington and John Adams, were strong supporters of religion. Both men saw religion as a necessary foundation for morality and freedom. However, the third and fourth presidents, Thomas Jefferson and James Madison, were considered less hospitable to religion, although they did offer it symbolic support while in office.

While the US Constitution does not mention God, the country's laws and government have been influenced by religion. For example, Congress has always been overwhelmingly Christian, and religious symbols can be found on government property and US currency. Additionally, some states still have religious tests for statewide office, and the Supreme Court has allowed government funding to go to private religious schools.

The Establishment Clause

The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often governed under the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (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

Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates. In the past, the Supreme Court has permitted religious invocations to open legislative sessions, public funds to be used for private religious school bussing, and textbooks and university funds to be used to print and publish student religious groups' publications.

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The Free Exercise Clause

The Constitution of the United States, adopted on September 17, 1787, says very little about religion. The only mention of religion in the document is in Article VI, which states that "no religious test shall ever be required" for federal officeholders. The Constitution's silence on the issue of religion troubled some Americans, who wanted the new government to give faith a larger role. However, the framers of the Constitution believed in a separation of church and state and wanted the government to have no power to influence its citizens toward or away from any particular religion.

The First Amendment to the Constitution, ratified in 1791, includes the Establishment Clause, which prohibits Congress from making any law "respecting an establishment of religion." In other words, the federal government cannot adopt an official religion. The First Amendment also includes the Free Exercise Clause, which is the focus of this discussion.

At various times, the Supreme Court has applied a broad or narrow interpretation of the Free Exercise Clause. Initially, the First Amendment only applied to the US Congress, so state and local governments could abridge the Free Exercise Clause if there was no similar provision in the state constitution. However, in 1940, the Supreme Court held in Cantwell v. Connecticut that the Free Exercise Clause is enforceable against state and local governments as well. This decision was made by applying the Fourteenth Amendment's due process clause, which prevents any state from denying a citizen their rights without following laws and fair procedures.

In summary, the Free Exercise Clause of the First Amendment guarantees the right of American citizens to practice any religious belief and engage in religious rituals of their choice. It protects individuals from laws that would prohibit them from practising their religion, as long as those practices do not violate public morals or a compelling governmental interest. The Supreme Court has placed some limits on the Free Exercise Clause, and its interpretation has varied over time, but it remains a crucial component of religious freedom in the United States.

Religious symbols on public property

The topic of religious symbols on public property is a contentious issue in the United States, with Americans divided on whether local governments should be allowed to display them. A 2021 survey found that 39% of US adults believe cities and towns should be allowed to display religious symbols on public property, while 35% believe they should be kept off, and 26% don't favour either option.

The US Constitution maintains a general silence on the topic of religion, with the exception of two instances. Firstly, Article VI prohibits religious tests as a qualification for public service, stating that "no religious Test shall ever be required" for federal officeholders. Secondly, the First Amendment of the Constitution, ratified in 1791, forbids Congress from making any law "respecting an establishment of religion". This is known as the Establishment Clause, which broadly functions to ensure the federal government does not adopt any stance in favour of or against any religion.

The Establishment Clause has been interpreted by the Supreme Court in various cases concerning religious symbols on public property. In Lynch v. Donnelly (1984), the Court found that a city's inclusion of a nativity scene in an annual Christmas display on public property did not violate the Establishment Clause. The display also included secular objects such as a Santa Claus house, a talking Christmas tree, reindeer, candy-striped poles, and lights. The Court applied the three-part Lemon test and concluded that the inclusion of the nativity scene had a secular purpose, did not have a primary effect of advancing religion, and did not excessively entangle church and state.

In Allegheny County v. Greater Pittsburgh ACLU (1989), the Court again addressed the permissibility of nativity scenes on public property. This case involved a nativity scene displayed in a city park during the Christmas season, without any accompanying secular objects. The Court was equally divided (4-4), resulting in a controlling decision only in the second federal circuit (New York, Vermont, and Connecticut).

In Capitol Square Review Bd. v. Pinette (1995), the Court upheld the right of the Ku Klux Klan to display a cross on a public plaza outside a state courthouse, distinguishing between private and state-sponsored displays. The Court found that the First Amendment right to free speech protected such displays, and any content-based restrictions must be narrowly tailored to serve a compelling government interest.

In McCreary County v. American Civil Liberties Union (ACLU) of Kentucky (2005), the Court held that the Ten Commandments displayed in two Kentucky courthouses violated the Establishment Clause. Similarly, in Stone v. Graham (1980), the Court ruled that a Kentucky statute requiring the posting of the Ten Commandments in public school classrooms was unconstitutional.

While the Establishment Clause generally prohibits government endorsement of religion, the Supreme Court has allowed some degree of government involvement. For example, the Court has permitted government funding for private religious schools and legislative prayers at town hall meetings.

Overall, the constitutionality of religious symbols on public property is a complex and fluid issue, highly dependent on the specifics of each case. The Supreme Court has issued rulings that both permit and restrict such displays, striving to balance religious freedom with the separation of church and state.

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