Omar Bennett
The Establishment Clause is a provision of the First Amendment of the US Constitution that prohibits the government from establishing an official religion. This clause, which is complemented by the Free Exercise Clause, prevents the government from passing legislation that favours one religion over another or promotes a specific religion with taxes. The Establishment Clause also prohibits the government from unduly preferring religion over non-religion or non-religion over religion. The precise definition of establishment is unclear, but the clause provides a legal framework for resolving disagreements about the public role of religion in a pluralistic society.
| Characteristics | Values |
|---|---|
| Purpose | The Establishment Clause prohibits the government from establishing a religion or an official state religion. |
| Prohibits government actions | The government cannot unduly favour one religion over another or religion over non-religion. |
| Religious monuments on public land | While cities cannot install new religious monuments, the Supreme Court has not articulated a clear standard for existing monuments. |
| Religious invocations | The Supreme Court has permitted religious invocations to open legislative sessions. |
| Religious accommodations | Religious accommodations are permissible as long as they do not favour one faith over another. |
| Religious freedom | The Establishment Clause, along with the Free Exercise Clause, defines and protects religious freedom. |
| Separation of church and state | The Establishment Clause separates church from state on every level of government, but not from politics or public life. |
| School prayer | The Supreme Court has banned mandatory school prayer, but public schools must treat religion and non-religion with fairness and respect. |
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What You'll Learn
The Establishment Clause and the Free Exercise Clause
The Establishment Clause is a limitation on the United States Congress, preventing it from passing legislation that establishes an official religion. It also prohibits government actions that unduly favour one religion over another or religion over non-religion. The precise definition of "establishment" is unclear, and the amount of religious involvement permitted by the Establishment Clause is a subject of debate. The Supreme Court has allowed some government actions that implicate religion, such as religious invocations to open legislative sessions and the use of public funds for private religious school transportation. However, it has also struck down practices like mandatory daily recitations of prayer in public schools as unconstitutional.
The Free Exercise Clause ensures that citizens have the right to believe and practice their religion without interference from the government. This right is not absolute, as it must be balanced with other governmental interests and public morals. The Supreme Court has held that religious accommodations are permissible as long as they do not favour one faith over another and do not establish religion. The Free Exercise Clause was made applicable to the states through the Fourteenth Amendment, protecting individual religious freedom at both the federal and state levels.
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Religious freedom in the United States
The Establishment Clause is a limitation placed upon the United States Congress, prohibiting it from passing legislation that establishes an official religion. It also prohibits the government from promoting a specific religion with taxes or promoting theocracy. The Establishment Clause is based on several precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the first constitutions of Pennsylvania and New Jersey. The clause was added to the Constitution in 1789 by then-congressman James Madison, after discussion and debate in the First Congress.
The Establishment Clause has been interpreted by the U.S. Supreme Court to prevent the government from either advancing or hindering religion, preferring one religion over others, or favoring religion over non-religion. The Supreme Court has held that religious accommodations are permissible as long as they do not favor one faith over another and do not involve citizens in religion against their will. The Establishment Clause is not designed to reduce the role of religion in American life but rather to prevent government interference with religious autonomy while also protecting the government from religious control.
The Supreme Court has also ruled that the Establishment Clause must be interpreted by reference to historical practices and understandings. For example, in Van Orden v. Perry (2005), the Court upheld a Ten Commandments monument on the grounds of the Texas State Capitol, citing historical tradition. In Engel v. Vitale (1962), the Court struck down a mandatory daily recitation of a prayer in public schools, saying that it was not the official business of the government to compose official prayers. In Abington School District v. Schempp (1963), the Court banned Bible reading and the recitation of the Lord's Prayer in public schools, citing the First Amendment's Establishment Clause requiring separation of church and state.
In conclusion, the Establishment Clause of the First Amendment to the U.S. Constitution guarantees religious freedom in the United States by prohibiting the government from establishing an official religion and by protecting the right of individuals to practice their religion freely. The Supreme Court has interpreted the clause to allow for religious accommodations as long as they do not favor one religion over another and do not involve citizens against their will. The Establishment Clause is an important protection of religious freedom and autonomy in the United States.
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The Establishment Clause and the Fourteenth Amendment
The Establishment Clause of the First Amendment to the United States Constitution is a limitation placed upon the United States Congress, prohibiting it from passing legislation establishing an official religion. The clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. The Establishment Clause and the Free Exercise Clause together read: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
The Establishment Clause was based on a number of precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the first constitutions of Pennsylvania and New Jersey. The clause was included in the First Amendment by James Madison, who was influenced by the established churches of Europe during the Founding era.
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
The Establishment Clause is complemented by the Free Exercise Clause, which prohibits government interference with religious belief and, within limits, religious practice.
The Fourteenth Amendment to the United States Constitution was enacted in 1868. Prior to this, the Supreme Court generally held that the substantive protections of the Bill of Rights did not apply to state governments. Subsequently, by the Incorporation doctrine, the Bill of Rights has been broadly applied to limit state and local governments as well. In 1947, the Court held that the Establishment Clause is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances.
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The Establishment Clause and the Supreme Court
The Establishment Clause, part of the First Amendment to the US Constitution, prohibits the government from making any law "respecting an establishment of religion". This clause forbids the government from establishing an official religion and prohibits actions that unduly favour one religion over another, or religion over non-religion and vice versa.
The Supreme Court has played a significant role in interpreting and applying the Establishment Clause through various cases over the years. One of the earliest cases involving the Establishment Clause was Bradfield v. Roberts in 1899, where the Court allowed federal funding for a hospital operated by a Roman Catholic institution, ruling that the funding was for a secular purpose. In the 20th century, the Supreme Court closely scrutinised government activity involving religion, permitting some while restricting others. For example, in Everson v. Board of Education (1947), the Court upheld funding for student transportation to schools, including parochial schools. However, in Lemon v. Kurtzman (1971), the Court ruled against two Pennsylvania laws that allowed the state to provide financial support to religious schools, finding that the government was “excessively entangled” with religion. This decision gave rise to the "Lemon test", which includes three criteria to determine whether government action violates the Establishment Clause: a secular purpose, no promotion or inhibition of religion, and no excessive entanglement with religion.
The Supreme Court has also addressed the Establishment Clause in the context of religious monuments on public land. In Van Orden v. Perry and McCreary County v. ACLU (both in 2005), the Court considered the removal of existing religious monuments from public land but did not establish a clear standard. In Salazar v. Buono (2008), the Court addressed the constitutionality of a large Christian cross on federal land, with five justices concluding that transferring the land to private ownership was a valid solution.
Another area of focus for the Supreme Court has been religious expression in schools. In Abington Township v. Schempp (1963), the Court struck down a law requiring the reading of the Lord's Prayer in class, introducing the "secular purpose" and "primary effect" tests. In Wallace v. Jaffree (1985), the Court ruled against an Alabama law mandating a period of silence for private prayer in public schools. The Court has also addressed the use of public funds for religious education, upholding the practice of providing vouchers for students to attend private religious schools in Zelman v. Simmons-Harris (2002).
The Establishment Clause continues to be a subject of debate and interpretation by the Supreme Court, with ongoing discussions about the extent of permissible government action implicating religion.
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The Establishment Clause and the Constitution
The Establishment Clause is a clause in the First Amendment of the United States Constitution that prohibits the government from establishing an official religion. The clause also forbids the government from unduly favouring one religion over another or religion over non-religion, and vice versa. The Establishment Clause is sometimes referred to as the separation of church and state.
The Establishment Clause was based on several precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the first constitutions of Pennsylvania and New Jersey. The clause was added to the Constitution after its ratification to address the concerns of members of minority faiths who did not want the federal government to establish a state religion for the entire nation. An initial draft was prepared by John Dickinson, and then-congressman James Madison prepared another draft in 1789, which, after debate, became part of the First Amendment.
The Establishment Clause is complemented by the Free Exercise Clause, which 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. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England.
The Supreme Court has considered the Establishment Clause in several cases, including Engel v. Vitale (1962), which deemed it unconstitutional for public school officials to recite a daily prayer, and Abington School District v. Schempp (1963), which banned Bible reading and the recitation of the Lord's Prayer in public schools. In Lemon v. Kurtzman (1971), the Court established a three-pronged test for laws dealing with religious establishments: the primary purpose of any assistance to religion must be secular; the assistance must neither promote nor inhibit religion; and there must be no excessive entanglement between church and state.
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Frequently asked questions
The Establishment Clause is part of the First Amendment and prohibits the government from making any law "respecting an establishment of religion". This clause forbids the government from establishing an official religion and prohibits government actions that unduly favour one religion over another.
The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. Today, the Establishment Clause is often interpreted using the three-part "Lemon" test set forth by the US Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971). Under this test, government assistance to religion is only allowed if: 1) its primary purpose is secular; 2) it neither promotes nor inhibits religion; and 3) there is no excessive entanglement between church and state.
During the debates surrounding the Constitution's writing and ratification, many religious groups feared that it did not sufficiently guarantee citizens' civil and religious rights. The Establishment Clause addressed the concerns of members of minority faiths who did not want the federal government to establish a state religion for the nation.
