The 1st Amendment protects five basic freedoms: speech, religion, press, right to petition, and the right to assemble. However, freedom of religion is a little more nuanced and actually contains two clauses related to religion.

"Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof..."

The clause in red is referred to as the Establishment Clause and the one in blue is called the Free Exercise Clause.

Does the Establishment Clause prohibit strictly a national religion or does it mean there should be no endorsement or favoritism towards a specific religion or religion in general? How is religion part of American life and government? What is meant by the separation between church and state? The Supreme Court has wrestled with these questions for many years, and quite a few Establishment Clause cases revolve around the interaction between religion and school.

Freedom of Religion VIDEO

Religion and the Establishment Clause in School

Engle v. Vitale (1961)

Everson v. Board of Education, 1947 : Can parents of students attending a private school (i.e. St. James or Pius) be reimbursed for transportation (busing) costs for students?

Lemon v. Kurtzman, 1971 : What can private/religious schools be reimbursed for?

The Lemon Test:

1. Does it serve a religious purpose?

2. Does it create excessive entanglement?

3. Does it have a primary purpose of advancing or inhibiting religion?

Which of the following passes the Lemon Test?

math textbooks
state mandated tests
field trips
teacher salary
interpreter for a deaf student
free/reduced lunch program

Is the Establishment Clause violated by allowing high school cheerleaders to put Bible verses on their banners at football games?

Lynch v. Donnelly, 1984 : Can religious figures (i.e. Nativity scene) be part of a Christmas display on city property?

Stone v. Graham, 1980 & Van Orden v. Perry, 2004 Can the Ten Commandments be posted on government property?
Marsh v. Chambers, 1983 & Town of Greece, NY v. Galloway, 2014 : Can legislative or town hall meetings begin with a prayer?

Do you think the city of Republic's city logo violates the Establishment Clause? Why or why not?

Free Exercise Clause

The First Amendment's Establishment Clause prevents government endorsement of religion, but the Free Exercise Clause guarantees your right to believe in whatever religion (or none at all) without restriction. However, government may restrict action based on those beliefs if it violates the law or infringes on the rights of others. Just like other rights, it is not absolute. Today, we will look at a few issues involving the free exercise of religion.

Reynolds v. US, 1879: One of the first cases involving the free exercise clause involved the Mormon Church and the practice of polygamy. Can someone have multiple spouses if it is part of their religious beliefs?

Wisconsin v. Yoder, 1972 : Another famous free exercise case involved whether or not Amish families could be exempt from a state law that required all children to attend school until the age of 16.

Other free exercise of religion questions:

Can states ban the practice of snake-handling for religious purposes?

Employment Division v. Smith : Can a state deny unemployment benefits if a person was fired for illegal drug use, even if that drug use (peyote) was part of a religious ceremony?

West Virginia v. Barnette, 1943 (Links to an external site.): Can a state compel people to recite the pledge of allegiance, even if it goes against their religious beliefs?

Church of Lukumi Babalu Aye v. Hialeah, 1993 : Are ritualistic animal sacrifices protected under the free exercise clause?

Can a Pastafarian wear a colander on his head for his driver's license photo?

https://www.pewforum.org/religious-landscape-study/

https://www.npr.org/2021/03/30/982671783/fewer-than-half-of-u-s-adults-belong-to-a-religious-congregation-new-poll-shows

https://www.livingfacts.org/en/articles/2019/how-religious-are-americans