In the U.S. Constitution, the Establishment Clause is found in the First Amendment. The Clause states that Congress shall not make any law “respecting an establishment of religion.” To understand the Establishment Clause, one must grasp the origins of the Clause itself.
The Establishment Clause originated from centuries of religious strife and conflict between religious factions in the UK. To prevent the same types of conflicts here in the United States, the framers of the Constitution wanted to keep the federal government from taking sides between one religion and another. The best solution was to ensure the federal government could not establish any official religion in which one religion would receive preferential treatment over another.
What Does the Establishment Clause Prohibit?
The Establishment Clause prevents the government from favoring one religion over another, or from enacting any laws that require its citizens to practice a certain religion. The Clause also does not allow the government to promote or financially support religion, such as by granting money to religious institutions or by requiring people to say prayers in public schools. Thus, the Establishment Clause ensures the government cannot legally interfere with the free exercise of religion.
Modern Examples
The role of the Establishment Clause has been tested and debated through modern court cases. For instance, in the case of Lemon v. Kurtzman (1971), the Supreme Court held that a state could not provide financial aid to religious schools that was intended to support their religious activities. In another case, Town of Greece v. Galloway (2014), the court ruled that the town of Greece did not violate the Establishment Clause of the First Amendment by opening public board meetings with a prayer.
Understanding the Establishment Clause is essential for every business professional. Knowing the basics of the Clause – such its roots in religious history and its up-to-date applications – can help a business stay legally compliant and prevent potential court battles.