Preserving the Bill of Rights: The Establishment Clause
Background on Religion and Government
Early colonists sought religious freedom but did not extend it universally.
Founders practiced Christianity but agreed on separation of federal government from religious institutions.
Article VI: No religious test for holding federal office.
First Amendment: Added to ensure religious liberty, with little debate.
Separation of Church and State: Phrase from Jefferson's 1802 letter, not in the Constitution. Became a test for legislative actions and their constitutionality.
The Establishment Clause
First Amendment: "Congress shall make no law respecting an establishment of religion."
Originally prevented a national church and government interference in state churches.
Fourteenth Amendment extended principles to state and local governments, raising questions about its meaning.
Debate continues on whether government can support religion if treated equally.
Supreme Court and the Establishment Clause
Everson v. Board of Education (1947): Public money use for Catholic school transport upheld.
Lemon v. Kurtzman (1971): Established Lemon Test for non-religious purpose, neutral effect, and little government-religion mix.
Lynch v. Donnelly (1984): Endorsement Test prevents government endorsing religion.
Lee v. Weisman (1992): Coercion Test ruled against forced participation in religious ceremonies.
Post-1997: Uncertainty in Court's criteria on Establishment Clause violations.
Religion in Public Schools
Engel v. Vitale (1962): School-sponsored prayer unlawful.
Abington School District v. Schempp (1963): Struck down mandatory Bible reading.
Stone v. Graham (1980): Ten Commandments in classrooms unconstitutional.
Voluntary prayer and religious activities face fewer limits, especially in student-led contexts.
Board of Education of Westside Community Schools v. Mergens (1990): Equal facility use rights for religious clubs.
Good News Club v. Milford Central School (2001): Free speech rights for religious clubs upheld.
Public Money for Religious Schools
Mitchell v. Helms (2000): Allowed public funding for school equipment, including religious schools.
Zelman v. Harris (2002): Voucher systems upheld for non-religious purpose of education improvement.
Government Use of Religious Symbols
Permitted in certain contexts, e.g., legislative sessions (Marsh v. Chambers, 1983).
Lynch v. Donnelly (1984) and Allegheny County v. Greater Pittsburgh ACLU (1989): Allowed nativity displays and mixed religious symbols.
Mixed rulings on displaying Ten Commandments (Van Orden v. Perry (2005) and McCreary County v. ACLU (2005)).
Mixed rulings on crosses as war memorials (Salazar v. Buono (2010)).
Decision-Making Beyond the Supreme Court
Local governments and districts also make policies on the Establishment Clause.
Office of Faith-Based and Neighborhood Partnerships: Works with religious groups for community services.
Debate on whether Establishment Clause creates a wall or a picket fence between religion and government continues.
Critical Thinking Questions
What did the Founders intend with the Establishment Clause?
What are the Supreme Court's tests for Establishment Clause violations?
Agree or disagree with Supreme Court decisions from the context.
Opinions on voucher systems for schools.
Discuss Founders' views on the Establishment Clause as a wall or picket fence.