Malcolm Rivera
The First Amendment to the U.S. Constitution states that the country shall have no official religion, and Americans have debated the line between religion and government since the country's founding. The Constitution does not define religion but guarantees that religion can never be a requirement for holding public office. The First Amendment's two parts, the Establishment Clause and the Free Exercise Clause, form the textual basis for the Supreme Court's interpretations of the separation of church and state.
| Characteristics | Values |
|---|---|
| Religious Tests for Holding Public Office | No religious test is necessary to hold public office |
| Establishment of Religion | Congress shall make no law respecting an establishment of religion |
| Free Exercise of Religion | Citizens are free to practice their religion in private and public life |
| Religious Symbols on Public Property | Religious displays on government property may be constitutional in certain contexts |
| Religious Holidays | Christmas Day is the only federal holiday that is also a religious holiday |
| Religious References in Official Documents | The Constitution does not mention God, but nearly all state constitutions reference God or the divine |
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What You'll Learn
The First Amendment
The Establishment Clause prohibits the government from "establishing" a religion. Historically, this 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 (1971). The Establishment Clause has also been incorporated and applied to the states through the Fourteenth Amendment, as seen in Everson v. Bd. of Educ. (1947).
The Free Exercise Clause prohibits the government from prohibiting the free exercise of religion. This clause prevents the government from interfering in certain religious disputes and has been incorporated and applied to the states through the Fourteenth Amendment, as demonstrated in Cantwell v. Connecticut (1940).
The Religion Clauses promote individual freedom of religion and separation of church and state. While the Supreme Court has acknowledged that these clauses are not the most precisely drawn portions of the Constitution, their goal was to state an objective rather than to write a statute. The absolute nature of the clauses means that, if taken to a logical extreme, they could clash with each other.
While some early court cases, such as Reynolds v. United States (1879), suggested that courts could determine what is properly considered religion, later cases restricted the ability of the government and courts to judge the legitimacy of religious beliefs. For example, in Davis v. Beason (1890), the Court stated that calling the advocacy of polygamy a tenet of religion would offend the common sense of mankind. However, this case was later partially overruled by Brandenburg v. Ohio (1969).
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Religious symbols on public property
The First Amendment to the U.S. Constitution states that the country shall have no official religion. The Amendment includes the Freedom of Exercise Clause, which allows citizens to act in connection with any religion, and the Establishment Clause, which states that the government cannot dictate or take a position on religion.
The display of religious symbols on public property is a controversial issue in the U.S. While the First Amendment prohibits the government from establishing a religion, it also protects the free exercise of religion. This has led to debates over whether religious symbols on public property violate the Establishment Clause. The Supreme Court has ruled on several cases involving religious displays on government property, with varying outcomes.
In the 2005 case of McCreary County v. ACLU, the Supreme Court ruled that the display of the Ten Commandments in Kentucky's courthouses conveyed a religious message and was therefore unconstitutional. However, in the same year, in Van Orden v. Perry, the Court ruled that a Ten Commandments monument on the grounds of the Texas State Capitol was constitutional, with Chief Justice William Rehnquist stressing the nature and setting of the monument.
In another case, Lynch v. Donnelly (1984), the Supreme Court held that a city's practice of including a nativity scene in an annual Christmas display on public property did not violate the Establishment Clause. The Court applied the three-part Lemon test and concluded that the inclusion of the nativity scene had a secular purpose, did not primarily advance religion, and did not excessively entangle church and state.
In Allegheny County v. Greater Pittsburgh ACLU (1989), the Court found no violation in the inclusion of a menorah in a holiday display, with the setting of the display being crucial to the outcome. The Court majority believed that the overall effect of the display emphasized the secular nature of the symbols rather than their religious significance.
While some Americans support the display of religious symbols on public property, others oppose it, arguing that it violates the separation of church and state. A March 2021 survey by the Pew Research Center found that 39% of U.S. adults believe that cities and towns should be allowed to display religious symbols on public property, while 35% oppose such displays. The survey also revealed that Americans are divided on the extent to which the country's laws should reflect biblical teachings.
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Religious tests for public office
The Constitution of the United States does not provide an explicit definition of religion. However, it does contain provisions that address the role of religion in the country's governance and protect religious freedom. One of the key provisions in this regard is the No Religious Test Clause, which states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
The No Religious Test Clause, found in Article VI of the Constitution, prohibits the use of religious tests as a qualification for holding public office. This clause was included to prevent religious discrimination and to ensure religious liberty and equality. It was a response to the longstanding practice of religious tests in England and, to some extent, in the United States, where they were used to "establish" the Church of England as the official national church. The Test Acts, in force from the 1660s to the 1820s, required all government officials in England to disclaim the Catholic doctrine of transubstantiation and affirm the Church of England's teachings.
In the United States, the interpretation and application of the No Religious Test Clause have evolved over time. While the clause itself explicitly prohibits religious tests for public office, some states in the late 1700s prohibited clergy from holding public office. Additionally, many state constitutions during that period required officeholders to hold a general belief in God's existence. It was not until 1961 that the Supreme Court ruled that the U.S. Constitution barred religious tests for state office. In the case of Torcaso v. Watkins, the Court held that a Maryland provision requiring public officeholders to declare a belief in God violated the First Amendment's Establishment and Free Exercise Clauses.
The Establishment Clause and the Free Exercise Clause, found in the First Amendment, are crucial in understanding the relationship between religion and the state in the United States. The Establishment Clause prohibits Congress from adopting any particular religion, while the Free Exercise Clause protects individuals' rights to believe and practice their religion without interference from Congress. These clauses, along with the No Religious Test Clause, form the constitutional foundation for religious liberty and equality in the country.
Despite the constitutional guarantees, public perception of the separation of religion and government in the United States varies. According to a 2022 survey, 73% of U.S. adults believe that religion should be separate from government policies, while 25% feel that government policies should support religious values and beliefs. Additionally, a 2019 survey revealed that only 27% of adults correctly understood that the Constitution requires "no religious test" for holding public office, with many assuming that federal officeholders must affirm beliefs in a Creator or be sworn in on the Holy Bible. These findings highlight a disconnect between the constitutional principles of religious freedom and the public's understanding of the role of religion in governance.
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The Establishment Clause
The precise definition of "establishment" in the context of the Establishment Clause is unclear. Historically, it referred to prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often evaluated using the three-part "Lemon" test set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971). According to this 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.
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The Free Exercise Clause
The US Constitution does not define religion, but it does address it in the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This statement comprises two clauses: the first is the Establishment Clause, and the second is the Free Exercise Clause.
The Supreme Court has interpreted limits to the Free Exercise Clause, allowing the government to prohibit certain religious practices, such as bigamy and peyote use. In recent decades, the Court has adopted a more restrictive view of the protections of this clause. The Free Exercise Clause has been used in Supreme Court cases such as Cantwell v. Connecticut, where a local ordinance requiring a license for religious solicitation was deemed to violate the clause, and Burwell v. Hobby Lobby, where the Court declined to find for Hobby Lobby based on the Free Exercise Clause.
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Frequently asked questions
No, the US Constitution does not define religion. However, it does guarantee that religion can never be a requirement for holding public office.
The First Amendment to the US Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This is known as the "Establishment Clause" and the "Free Exercise Clause", respectively. These clauses form the textual basis for the Supreme Court's interpretations of the "separation of church and state" doctrine.
The Establishment Clause means that Congress cannot establish a national religion or interfere with, compete with, or attempt to disestablish or tax churches established by individual states.
