Keith Mack
The First Amendment's Establishment Clause prohibits the US government from making laws that establish an official religion or unduly favor one religion over another. This clause also prohibits the government from preferring religion over non-religion or vice versa. While some government actions involving religion are allowed, the boundaries of what is permissible under the Establishment Clause remain unclear. The Free Exercise Clause, on the other hand, protects citizens' right to practice their religion as long as it does not conflict with public morals or a compelling government interest. The Supreme Court has interpreted limits to this clause, allowing the government to prohibit certain religious practices. The interaction between these clauses and their application in various cases, such as Hobby Lobby, illustrate the complex relationship between religion and the US Constitution.
| Characteristics | Values |
|---|---|
| Prohibits Congress from adopting any particular religion | The first clause of the First Amendment |
| Prohibits Congress from interfering with an individual's exercise of religion | The second clause of the First Amendment, also known as the Free Exercise Clause |
| Prohibits the government from unduly preferring religion over non-religion, or vice versa | The Establishment Clause |
| Prohibits the government from promoting religion through its educational facilities | The Establishment Clause |
| Prohibits prayer at public school graduations | Ruling in Lee v. Weisman |
| Prohibits the government from requiring employers to honor the Sabbath day of the employee's choice | Ruling in a state statute case |
| Prohibits Louisiana statute mandating balanced treatment of “creation-science” and “evolution-science” in public schools | Ruling in Edwards v. Aguillard |
| Prohibits New York law creating a special school district for an incorporated village composed exclusively of members of one small religious sect | Ruling in Board of Education of Kiryas Joel Village v. Grumet |
| Prohibits laws requiring for-profit corporations to provide certain contraceptives as part of their healthcare packages for employees | Ruling in Burwell v. Hobby Lobby |
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What You'll Learn
The Establishment Clause
One point of contention regarding the Establishment Clause is how to frame government actions that implicate religion. Framing questions often arise in the context of permanent religious monuments on public land. Although it is reasonably clear that cities cannot install new religious monuments, there is a fierce debate over whether existing monuments should be removed.
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The Free Exercise Clause
The Establishment Clause and the Free Exercise Clause sometimes come into conflict. The federal courts help to resolve such conflicts, with the Supreme Court being the ultimate arbiter. For example, in the "Hobby Lobby" case, the Court struck down a law that required for-profit corporations to provide certain contraceptives as part of their healthcare packages for employees. The Court, however, declined to find for Hobby Lobby on the basis of the Free Exercise Clause, instead finding for them on statutory grounds.
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The Fourteenth Amendment
Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. The Citizenship Clause overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens, instead constitizing the Civil Rights Act of 1866's grant of citizenship to all born in the United States (except the children of foreign diplomats).
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Religious invocations to open legislative sessions
The First Amendment's Establishment Clause prohibits the US government from making any law "respecting an establishment of religion". This clause not only forbids the government from establishing an official religion but also prohibits government actions that unduly favor one religion over another. The Free Exercise Clause, on the other hand, protects an individual's right to religious belief and practice.
The Supreme Court has interpreted limits to the Free Exercise Clause, allowing the government to legislate against certain religious practices. For example, in the case of Town of Greece v. Galloway, the Supreme Court permitted religious invocations to open legislative sessions. However, these invocations must not "denigrate non-believers or religious minorities, threaten damnation, or preach conversion". The Court has also clarified that legislative prayer is allowed in limited settings, such as meetings of legislative bodies, and that even in these settings, there are limits to what can be said or done.
In the context of legislative invocations, the Court has ruled that the purpose of such prayers is to lend gravity to public proceedings and acknowledge the role of religion in the lives of citizens. The Court has also rejected the argument that legislative prayer forces citizens to participate in a religious ritual. Instead, the Court has maintained that legislative prayer is consistent with the First Amendment because it can exist alongside the principles of disestablishment and religious freedom.
While the Supreme Court has permitted legislative prayer, it is not a requirement for legislatures to include prayer in their meetings. Some governmental bodies have chosen to drop prayer altogether to avoid divisiveness and to promote inclusivity. In addition, the Court has suggested that when local clergy members are invited to deliver opening prayers, legislatures should strive to be inclusive of all religions and non-religion.
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Religious monuments on public land
The First Amendment's Establishment Clause prohibits the US government from making any law "respecting an establishment of religion". This clause not only forbids the government from establishing an official religion but also prohibits government actions that unduly favour one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or vice versa.
The Establishment Clause is often the basis for legal challenges to religious monuments on public land. While it is clear that cities cannot install new religious monuments, there is a fierce debate over whether existing monuments should be removed. The Supreme Court has considered this issue in several cases, including Van Orden v. Perry, McCreary County v. ACLU, and Salazar v. Buono.
In Van Orden v. Perry, the Supreme Court upheld the constitutionality of a Ten Commandments monument displayed in a Texas public park, citing the monument's long-standing presence and the nation's history of acknowledging the role of religion in public life. The Court rejected the Lemon test, which states that a law or practice does not violate the Establishment Clause if it has a secular purpose, does not advance or inhibit religion as its primary effect, and does not foster excessive government entanglement with religion. Instead, the Court's decision was driven by the nature of the monument and the country's historical recognition of religion.
In Salazar v. Buono, the Supreme Court considered the constitutionality of transferring a cross from public land to private land. The Court ruled that the transfer was not an endorsement of religion and did not violate the First Amendment. Similarly, in Shurtleff v. Boston, the Court ruled that flying a Christian flag on a city flagpole at a resident's request was a private expression rather than government speech.
In other cases, courts have ruled that the display of religious symbols on public property does not violate the Establishment Clause as long as they are part of a larger display that includes secular symbols. For example, in Capitol Square Review and Advisory Board v. Pinette, the Court ruled that a KKK Christmas display on public property did not violate the Establishment Clause. However, in City of Edmond v. Robinson, the Court upheld that a city seal with a cross violated the Establishment Clause.
The issue of religious monuments on public land remains a complex and contentious topic, with courts weighing various factors, including the nature of the monument, the intent behind its display, and the historical context of religious recognition in the US.
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Frequently asked questions
The Establishment Clause is part of the First Amendment to the US Constitution, which prohibits the government from making any law "respecting an establishment of religion". This means the government cannot establish an official religion, and also cannot favour one religion over another, or religion over non-religion.
Also part of the First Amendment, the Free Exercise Clause protects an individual's right to religious belief and practice. This means citizens can practice their religion as they please, as long as it does not conflict with "public morals" or a "compelling" governmental interest.
The Establishment Clause and the Free Exercise Clause work together to uphold the separation of church and state. The Establishment Clause prevents the government from promoting or inhibiting religion, while the Free Exercise Clause protects citizens' right to religious practice.
Yes, but only if three conditions are met: the primary purpose of the assistance must be secular; it must neither promote nor inhibit religion; and there must be no excessive entanglement between church and state.
No, US law cannot promote a religion. This is unconstitutional. The Establishment Clause and the Free Exercise Clause work together to uphold the separation of church and state.
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