Many original settlers of the colonies sought religious tolerance and the freedom to worship as they individually chose. In early America, religious persecution was common. Nevertheless, by the beginning of the American Revolution, the colonies housed several religious denominations. The various religious factions threatened disruption of a centralized government, so the Framers ensured this freedom to dismantle that threat. To emphasize its importance, Freedom of Religion makes up the first two clauses of the First Amendment in the Bill of Rights.
Freedom of Religion’s Two Clauses
Religious freedom consists of two provisions that are equally important: the Establishment Clause and the Exercise Clause.
Establishment Clause
The Establishment Clause prevents Congress from writing laws that mandate or create a state-sponsored religious group. Simultaneously, this clause prevents favoring one religion over another and, also, religion over non-religion, and vice versa.
In 1971, the Supreme Court ruling, Lemon v. Kurtzman, definitively outlined the three-pronged criteria for government policies and Acts, so they do not violate religious freedom.
The result of this ruling, often called the “Lemon” test, states that laws must:
- Have a secular legislative purpose
- Neither promote or inhibit religion in principal or primary effect
- Not foster “excessive government entanglement with religion” which is concerned with the need for the government to monitor
Exercise Clause
Subsequently, the Exercise Clause blocks Congress from making laws that prohibit the free exercise of religion. Some limitations exist; religious practices may not be against “public morals” or “compelling” governmental interests.
In 1944, the Supreme Court ruling, Prince v Massachusetts, dictated that the state could require/force children’s inoculation in the interest of public health and safety despite religious beliefs.
Jefferson’s Letter
“Separation of Church and State” – A metaphor coined by Thomas Jefferson in a letter to the Danbury Baptists (Connecticut). However, this terminology is not present in the Constitution and exclusively relates to governments interference in religious practices. In contrast, religious groups may interfere and participate with the government.
Fun Fact:
The 14th Amendment applies to many aspects of citizens rights and citizenship. Adopted in 1868, the 14th Amendment, through the Equal Protection Clause, extends religious freedom by preventing the advancement or inhibition of any one religion. As a result, the state must treat all individuals the same as others in the same circumstances and conditions.
