Establishment Clause

The first clause in the Bill of Rights states that “Congress shall make no law respecting an establishment of religion.”

For approximately the first 150 years of the country’s existence, there was little debate over the meaning of this clause in the Constitution. As the citizenry became more diverse, however, challenges arose to existing laws and practices, and eventually, the Supreme Court was called upon to determine the meaning of the establishment clause.

Though not explicitly stated in the First Amendment, the clause is often interpreted to mean that the Constitution requires the separation of church and state.

Roger Williams, founder of Rhode Island, was the first public official to use this metaphor. He opined that an authentic Christian church would be possible only if there was “a wall or hedge of separation” between the “wilderness of the world” and “the garden of the church.” Williams believed that any government involvement in the church would corrupt the church.

It was not until after World War II that the Supreme Court interpreted the meaning of the establishment clause.

In Everson v. Board of Education (1947), the Supreme Court held that the establishment clause is one of the liberties protected by the due process clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances. Since then the court has ruled in cases that involved required Bible reading in schools, religious displays on government property, display of the Ten Commandments in courtrooms, and the use of government funds to pay for religious schooling.

American Legion v. American Humanist Association (2019)

American Legion v. American Humanist Association (2019) ruled that a
longstanding cross erected to honor slain servicemen does not violate the
First Amendment.

Kitzmiller v. Dover Area School District (M.D. Pa.) (2005)

In Kitzmiller v. Dover Area School District (M.D. Pa. 2005), a judge ruled
that requiring teachers to teach both Intelligent Design and evolution
violated the First Amendment.

Van Orden v. Perry (2005)

Van Orden v. Perry (2005) ruled that a monument depicting the Ten
Commandments in public park did not violate the establishment clause of the
First Amendment.

Lee v. Weisman (1992)

Lee v. Weisman (1992) ruled that public schools violate the Establishment
Clause of the First Amendment when they lead students in public prayer at
school events.

Curtiss v. Strong (Conn. Supreme Court of Errors) (1809)

Curtiss v. Strong, 4 Day 51 (1809), is a case decided by the Supreme Court of Errors of Connecticut that, while affirming the right of individuals of various religious persuasions to testify in court, denied that right to individuals who did not believe in a future state of rewards or punishments. It therefore upheld the

Atwood v. Welton (Conn. Supreme Court) (1828)

Early Americans took oaths quite seriously. Then, as today, individuals who falsely testified under oath at trial were subject to perjury charges. Oaths had a special place because they had a religious connection. It was widely believed that individuals who believed in God and in rewards and punishments in the afterlife were unlikely to risk

Kennedy v. Bremerton School District (2022)

In Kennedy v. Bremerton School District, the Supreme Court ruled that a
coach-led prayer on the 50-yard line did not violate the establishment
clause of the First Amendment.

Carson v. Makin (June 21, 2022)

The Supreme Court in Carson v. Makin ruled in June 2022 that Maine’s
tuition reimbursement program could not exclude parents who sent their
children to religious schools.

Shurtleff v. Boston (2022)

The Supreme Court ruled in 2022 in Shurtleff v. Boston determined that, in
this instance, flying a Christian flag on a city flagpole at the request of
a resident was a private expression, not government speech.

Espinoza v. Montana Department of Revenue (2020)

The Supreme Court in 2020 ruled that states cannot create programs that
exclude religious schools from programs that subsidize private schools with
public money in Espinoza v. Montana Department of Revenue.

Establishment Clause

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