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Freedom of religion: lesson overview

A high-level overview of the establishment and free exercise clauses of the First Amendment.
The First Amendment prevents the government from supporting an established religion and protects citizens' free exercise of religion.

Key terms

TermDefinition
establishment clauseThe first clause of the First Amendment, which states that “Congress shall make no law respecting an establishment of religion.” This prevents the federal government from supporting an official religion and sets the United States apart from many European nations, which provide official government support for a national, or “established,” church.
free exercise clauseThe second clause of the First Amendment, which prevents the federal government from interfering with its citizens’ religious beliefs and practices. The Supreme Court has upheld some limits on religious practices that conflict with secular laws, such as religious drug use or polygamy.
Lemon testA test to determine whether a law violates the establishment clause devised by the Supreme Court in the 1971 case Lemon v. Kurtzman. Based on the Lemon test, laws are constitutional only if they have a legitimate secular purpose, neither advance nor inhibit religion, and do not result in an “excessive government entanglement” with religion.
nondenominational prayerPrayer that does not advocate the beliefs of a specific religion but that acknowledges the existence of a divine being.
secularNonreligious or unaffiliated with religion.
“wall of separation” between church and stateA phrase coined by Thomas Jefferson in an 1802 letter, which described his view that there should be complete separation between the government and religion.

Cases to know

Engel v. Vitale (1962) - A case contesting a New York state law requiring schoolchildren to recite a nondenominational prayer each morning (although children could choose not to participate). A group of parents sued the state arguing that the law was a violation of the establishment clause; the Supreme Court ruled in their favor, judging that New York state was giving unconstitutional government support to religion by providing the prayer.
Wisconsin v. Yoder (1972) - A Supreme Court case concerning the mandatory schooling of three Amish students. The state of Wisconsin fined the students’ families for refusing to send them to school after the eighth grade; the Amish families argued that higher education conflicted with the free exercise of their religious beliefs. The Court ruled in their favor, holding that the First Amendment’s protections for free exercise of religion outweighed the state’s interests in compelling Amish students to attend school past the eighth grade.

Key takeaways

Balancing liberty and order — Citizens’ ability to worship (or not worship) as they please is a fundamental individual liberty. The Supreme Court has upheld some limits to free exercise, however; although individuals may believe whatever they want, the government may limit actions that break secular laws if there is a compelling government interest at stake. Similarly, the Court has permitted some government support for religion, such as public funding for students attending religious schools.

Review questions

What is the difference between the establishment clause and the free exercise clause?
When, if ever, may the government limit the free exercise of religion?
When, if ever, may the government provide support to religion?

Want to join the conversation?

  • duskpin sapling style avatar for user Sophia
    My main question is that if the American Government doesn’t enforce or go by any religion why does it follow the Christian religion?? I mean like why does it only give official days off for things like Christmas while it doesn’t even acknowledge other important dates like Diwali or Ramadan??

    ** this is a very stupid question but i had to ask so sorry
    (10 votes)
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    • blobby green style avatar for user sydneyb49
      It's not a stupid question. The founders were all protestant men and most groups were only given equal protections recently. Blue states or neighborhoods tend to recognize and give days off for these holidays with public schools, but private schools and businesses can do as they please. The US is very christian-centric because WASPs are still the 'ruling' power. Look at the stats of govt officials.
      (2 votes)
  • blobby green style avatar for user dhebner21
    what is it. when if ever, may the government limit the free exercise of religion?
    (4 votes)
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  • blobby green style avatar for user s1068928
    To what extent is the use of drugs in religion allowed?
    (2 votes)
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  • blobby green style avatar for user gllatham
    When, if ever, may the government provide support to religion?
    (1 vote)
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  • duskpin sapling style avatar for user Sophia
    Also in Engel v Vitale who is Engel and who is Vitale and what sides they are going with??
    (1 vote)
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  • blobby green style avatar for user sjones24
    While the Establishment Clause settles issues between religion and the Government as a whole, the Free exercise clause settles on protecting an individual's right to freedom of religion.

    If it is breaking a law

    When it is being limited
    (1 vote)
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  • blobby green style avatar for user isaiah mckellar
    Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as an establishment clause case?
    (1 vote)
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    • marcimus pink style avatar for user yasiko <3
      The Establishment Clause of the First Amendment prohibits the government from establishing an official religion. The Supreme Court is likely to view a case as an Establishment Clause case when it involves government actions or policies that could be perceived as endorsing or promoting a particular religion. For example, cases related to government-sponsored religious displays, prayers in public schools, or financial support to religious institutions might be considered Establishment Clause cases.
      (1 vote)