Simone Lawson
The First Amendment to the United States Constitution, adopted in 1791, includes the Establishment Clause and the Free Exercise Clause, which together ensure that the government remains neutral in matters of religion. The Establishment Clause prohibits the government from establishing a national religion or preferring one religion over another, while the Free Exercise Clause protects citizens' right to practice their religion without government interference, as long as it does not conflict with public morals or a compelling government interest. These clauses uphold the freedom of religion and prevent religious persecution, which was a significant concern for many American colonists during the drafting of the Constitution.
| Characteristics | Values |
|---|---|
| Date Adopted | 15 December 1791 |
| Purpose | To prevent Congress from making laws that establish a religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances |
| Provisions | Establishment Clause and Free Exercise Clause |
| Establishment Clause | Prohibits the government from establishing a religion or aiding/preferring one religion over another |
| Free Exercise Clause | Protects citizens' right to practice their religion without government interference, as long as it does not violate "public morals" or a "compelling" governmental interest |
| Scope | Applies to both the federal government and the states |
| Interpretation | The Supreme Court has interpreted the First Amendment to mandate governmental neutrality in matters of religion and in settling religious disputes |
| Notable Cases | Lemon v. Kurtzman (1971), Wallace v. Jaffree (1985), Larson v. Valente (1982), Zorach v. Clauson (1952), Kennedy v. Bremerton School District (2022) |
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What You'll Learn
The Establishment Clause
Today, what constitutes an "establishment of religion" is often governed 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, 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 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 debate over whether existing monuments should be removed.
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The Free Exercise Clause
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Free Exercise Clause, commonly identified as the freedom of religion, refers to the first section of the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
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Government neutrality in religious disputes
The First Amendment to the United States Constitution, adopted in 1791, includes two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing an official religion or preferring one religion over another. This clause enforces governmental neutrality in religious disputes and prevents government interference in religious doctrine. It also ensures that government assistance to religion must have a secular primary purpose, neither promoting nor inhibiting religion, and avoiding excessive entanglement between church and state.
The Free Exercise Clause protects citizens' right to practice their religion without government interference, as long as it does not conflict with public morals or compelling governmental interests. This clause safeguards freedom of worship and conscience, allowing individuals to express themselves according to their beliefs.
The Supreme Court has interpreted the First Amendment as mandating governmental neutrality between religions and between religion and non-religion. This interpretation ensures that the government cannot favour any particular religious denomination or promote religion over non-belief. The court has also clarified that while the government cannot be hostile towards religion, it must maintain a clear separation between church and state.
In practice, the Establishment Clause has been applied to various cases involving religion in schools, such as Engel v. Vitale, and has been used to challenge state programs that may advance or inhibit religion. The Free Exercise Clause has also been central to cases like Kennedy v. Bremerton School District, where the Supreme Court upheld the freedom of individuals to express their religious beliefs without government restriction.
The First Amendment's provisions on religion were added to address concerns during the ratification of the Constitution. Several states refused to ratify without guarantees of religious freedom, and James Madison proposed the Bill of Rights, including the First Amendment, to secure these freedoms. The Amendment's language on religion has been interpreted more broadly over time, ensuring that the government remains neutral and respectful of religious diversity in the United States.
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Freedom of speech
The First Amendment to the US Constitution, ratified on December 15, 1791, is commonly recognized for its protection of freedom of speech, religion, the press, and making complaints and requests to the government. The text of the 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 First Amendment's protection of freedom of speech means that the US government cannot infringe upon the free speech rights of its citizens. This has been interpreted by the Supreme Court to mean that all American speech is protected from infringement by any branch or section of the federal, state, or local governments. The First Amendment also protects symbolic speech, such as burning the flag in protest.
The Supreme Court has struggled to determine what exactly constitutes protected speech. For example, in West Virginia Board of Education v. Barnette, the Court held that students have the right not to salute the flag. In Tinker v. Des Moines, the Court held that students do not shed their constitutional rights at the schoolhouse gate, and thus could wear black armbands to school to protest a war. In Cohen v. California, the Court held that certain offensive words and phrases used to convey political messages are protected.
The First Amendment does not, however, protect all speech. For example, the First Amendment does not protect commercial advertising, defamation, obscenity, or interpersonal threats to life and limb.
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Freedom of worship
The First Amendment to the United States Constitution, adopted on December 15, 1791, ensures freedom of worship by preventing Congress from making laws that establish a national religion or that prohibit the free exercise of religion. The First Amendment also protects citizens' right to practice their religion as they please, provided it does not conflict with "public morals" or a "compelling" governmental interest. This amendment upholds the government's neutrality in matters of religion and ensures that it does not favour or promote one religion over another.
The First Amendment's freedom of religion can be broken down into two parts: the Free Exercise Clause and the Establishment Clause. The Free Exercise Clause safeguards the right of individuals to practice their religion without interference from the government. It allows citizens to worship according to their beliefs and protects their freedom of conscience. On the other hand, the Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. This clause ensures that the government remains neutral in religious matters and does not use its power to promote or inhibit any particular religious belief or practice.
The Supreme Court has played a significant role in interpreting and upholding the First Amendment's freedom of worship. In cases such as Gillette v. United States (1970), the Court affirmed that the First Amendment ensures "governmental neutrality in matters of religion." The Court has also outlined the boundaries of governmental action regarding religion through the Lemon test in Lemon v. Kurtzman (1971). According to this test, government assistance to religion is permissible only if its primary purpose is secular, it neither promotes nor inhibits religion, and there is no excessive entanglement between church and state.
The First Amendment's protection of freedom of worship extends beyond mere neutrality. It actively prohibits the government from imposing religious beliefs or practices on its citizens. In Torcaso v. Watkins (1961), the Supreme Court reaffirmed that neither the state nor the federal government can force a person "to profess a belief or disbelief in any religion." Additionally, the government is barred from passing laws that prefer one religion over another or aid all religions against non-believers. This ensures that individuals are free to hold and practice their religious beliefs without coercion or discrimination from the state.
The inclusion of freedom of worship in the First Amendment reflects the historical context of religious persecution that many American colonists sought to escape. The absence of a Bill of Rights, including protections for freedom of worship, in the original Constitution led to resistance from several states during the ratification process. The adoption of the First Amendment addressed these concerns and guaranteed the civil liberties associated with religious freedom in the United States.
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Frequently asked questions
The First Amendment.
The First Amendment was adopted to curtail the power of Congress to interfere with the individual's freedom to believe, worship and express themselves according to their own conscience.
The Establishment Clause prohibits the government from establishing a religion. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches.
The Free Exercise Clause protects citizens' right to practice their religion, so long as the practice does not conflict with "public morals" or a "compelling" governmental interest.
The Lemon Test is a three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971) to determine when government action may assist religion. Under the test, government assistance of religion must: (1) have a secular primary purpose; (2) neither promote nor inhibit religion; and (3) not result in excessive entanglement between church and state.
