First Amendment

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The First Amendment to the United States Constitution reads:


The following summaries rely on Supreme Court decisions which have clarified and defined the meaning and scope of this amendment.


Religious protections

While the phrase "separation of church and state" does not appear in the First Amendment, the concept (originally mentioned by Thomas Jefferson) is a logical extension of the establishment and free exercise clauses. True freedom of religion depends on government neutrality with regard to religion.

Establishment clause

"Congress shall make no law respecting an establishment of religion"

This clause may appear to simply prevent the U.S. Congress from declaring a national religion. However, the Fourteenth Amendment extends these protections to all citizens, effectively prohibiting individual states from circumventing rights guaranteed by the U.S. Constitution. Additionally, the Supreme Court has determined that the scope of this clause implies that "Government should not prefer one religion to another, or religion to irreligion" (Justice David Souter, for the majority in Board of Education of Kiryas Joel Village School District v. Grumet).

Note that the word "respecting" in this clause means "regarding" and not "showing respect for".

Free exercise clause

"...or prohibiting the free exercise thereof"

Essentially, the rights of each individual to exercise their religious beliefs cannot be infringed. The government can intervene and prohibit certain religious practices if they conflict with other laws and if such interference has a secular, religiously neutral purpose. Generally one individual's rights end where another's begin, ensuring that "free exercise" cannot be used as an excuse for violating the rights of others.

Court rulings



Sherbert v. Verner, 1963






Lemon v. Kurtzman, 1971

Main Article: Lemon test


  1. It has a legitimate secular purpose, and
  2. Its principal effect neither advances nor inhibits religion, and

Employment Division v. Smith, 1990



City of Boerne v. Flores, 1997

In 1997, the Supreme Court struck down part of Religious Freedom Restoration Act which prohibited states being able to legislate on land use. While this is relevant to the separation of church and state, the court struck down the act based on the 14th amendment. [6]

Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 2006

Entheogen, the government failed show it had a "compelling interest"

"Before this Court, the Government's central submission is that it has a compelling interest in the uniform application of the Controlled Substances Act, such that no exception to the ban on use of the hallucinogen can be made to accommodate the sect's sincere religious practice. We conclude that the Government has not carried the burden expressly placed on it by Congress in the Religious Freedom Restoration Act [7]"

Town of Greece v. Galloway, 2013



Some political movements, such as Dominionism, seek to religious control of political institutions and to introduce theocracy. This is a clear threat to the separation of church and state.

The Bible as an official state book

In 2015, the Tennessee house of representatives adopted the Bible as their official state book.

"While some representatives argue the holy book’s importance to state history and culture, others say measure blatantly violates separation of church and state [9]"

See also


  1. [1]
  4. Lemon v. Kurtzman
  5. [2]
  6. [3]
  7. [4]
  8. Town of Greece Decision May Change How Supreme Court Looks at First Amendment
  9. [5]

External links

v · d Secularism
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