Jonah Patel
The First Amendment to the United States Constitution protects religious freedom through the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion, while the Free Exercise Clause protects citizens' right to practice their religion without interference from the government. Together, these clauses ensure that individuals are free to hold and practice religious beliefs according to the dictates of their conscience, without government promotion or burden. The First Amendment, passed by Congress on September 25, 1789, and ratified on December 15, 1791, forms part of the Bill of Rights and is a cornerstone of religious liberty in the United States.
| Characteristics | Values |
|---|---|
| Amendment number | First Amendment (Amendment I) |
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Clause 1 | Establishment Clause |
| Clause 2 | Free Exercise Clause |
| Clause 1 description | Prohibits the government from establishing a religion |
| Clause 2 description | Protects citizens' right to practice their religion as they please, without interference from the government |
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What You'll Learn
The Establishment Clause
Today, what constitutes an "establishment of religion" is often decided by 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, government assistance to religion is only permissible if: the primary purpose of the assistance is secular; the assistance does not promote or inhibit religion; and there is no excessive entanglement between church and state.
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The Free Exercise Clause
The First Amendment, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
At times, the Establishment Clause and the Free Exercise Clause have come into conflict, requiring federal courts and the Supreme Court to resolve these disputes. The Supreme Court has applied a broad or narrow interpretation of the Free Exercise Clause depending on the case at hand. For instance, in Cantwell v. Connecticut, the Supreme Court held that the Free Exercise Clause is enforceable against state and local governments, ensuring religious freedom at all levels of government.
The Supreme Court has also considered the potentially coercive nature of government policies on religious exercise. While indirect coercion or penalties on religious exercise may violate the First Amendment, incidental effects of government programs without a coercive tendency do not trigger heightened scrutiny.
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The First Amendment's two religion clauses
The First Amendment to the United States Constitution contains two provisions concerning religion, known as the "Religion Clauses". These are the Establishment Clause and the Free Exercise Clause, which together form the constitutional right of freedom of religion.
The Establishment Clause prohibits the government from establishing or sponsoring a religion. It acts as a double security, preventing both control of the government by religion and political control of religion by the government. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. The Establishment Clause also keeps the government from advancing or privileging religion and from becoming excessively entangled with religion.
The Free Exercise Clause protects citizens' right to practice their religion as they please, provided that the practice does not conflict with "public morals" or a compelling governmental interest. The government is prohibited from interfering with religious belief and, within limits, religious practice.
The two clauses were intended to keep the government neutral on matters of religion, neither helping nor hurting religious groups but instead disengaging from religion to allow people of faith (or of no faith) to practice their beliefs.
The process of incorporating the two Religion Clauses in the First Amendment was twofold. The first step was the Supreme Court's conclusion in 1940 that the Free Exercise Clause was made applicable to the states through the Fourteenth Amendment. The second step was the Supreme Court's interpretation in 1947 of the Establishment Clause as requiring separation of church and state.
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The First Amendment's limitations
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It comprises two provisions concerning religion: the Establishment Clause and the Free Exercise Clause, collectively known as the Religion Clauses.
The Establishment Clause prohibits the government from establishing an official religion or preferring one religion over another, enforcing the separation of church and state. While it prevents the government from interfering in certain religious disputes, some governmental activity related to religion has been deemed constitutional by the Supreme Court. For instance, providing bus transportation for parochial school students and enforcing "blue laws" do not violate the Establishment Clause.
The Free Exercise Clause protects citizens' right to practice their religion, as long as it does not conflict with "public morals" or a "compelling" governmental interest. This clause prohibits the government from interfering with a person's religious practice in most instances. However, the government may prohibit people from associating with groups that engage in and promote illegal activities.
The First Amendment also includes the right to freedom of speech, which can be exercised through words or symbolic actions. This right is recognised as a fundamental human right under Article 19 of the Universal Declaration of Human Rights. Additionally, the First Amendment guarantees the right to freedom of assembly, which allows people to gather for peaceful and lawful purposes. This right includes the freedom of association and belief, recognised under Article 20 of the Universal Declaration of Human Rights.
While the First Amendment provides robust protections for religious freedom, it is not without limitations. The Supreme Court has acknowledged that the Religion Clauses are not the most precisely drawn portions of the Constitution. The interpretation of these clauses has evolved over time, with courts retreating from defining what constitutes "religion" and instead restricting their ability to judge the legitimacy of religious beliefs.
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Interpreting the First Amendment
The First Amendment to the United States Constitution is part of the Bill of Rights, written by James Madison, which makes up the first ten amendments to the Constitution. Initially, the First Amendment only applied to laws enacted by Congress, and its provisions were interpreted more narrowly than they are today. The First Amendment was created to limit government power and protect individual liberties.
The First Amendment states:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The prohibition on the establishment of religion includes many things, from prayer in government settings, financial aid for religious individuals and institutions, to comments on religious questions. The Supreme Court has interpreted this to mean that there should be no nationally established church, reflecting a consensus that arose after the American Revolutionary War.
The First Amendment also protects freedom of speech, but this does not mean that anyone is prohibited from limiting free speech. Instead, it only prohibits the federal government, states, and local governments from doing so. State constitutions, such as California's, may provide more comprehensive protections for free speech than the First Amendment.
The Supreme Court has consistently refused to recognize the First Amendment as providing greater protection to the institutional media than to other speakers. For example, in a case involving campaign finance laws, the Court rejected the suggestion that corporate members of the institutional press were entitled to greater constitutional protection than non-institutional-press businesses.
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Frequently asked questions
Freedom of religion in the US is protected by the First Amendment.
The First Amendment protects religious freedom via the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion. The Free Exercise Clause protects citizens' right to practice their religion as they please, without interference from the government.
The Establishment Clause prohibits any governmental "establishment of religion". This means that the government cannot endorse, promote, or become too involved with religion. The precise definition of "establishment" is unclear, but it historically meant prohibiting state-sponsored churches, such as the Church of England.
