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Unlock your guides7.3 Establishment Clause and Free Exercise Clause jurisprudence
2 min read•july 24, 2024
The 's religion clauses have shaped American religious freedom. From colonial persecution to modern debates, these provisions have guided the relationship between government and faith. The Supreme Court's interpretations have evolved, balancing individual liberty with .
Key cases like Everson and Smith have defined the scope of religious protections. The Court has grappled with issues like , religious displays, and , seeking to navigate the tension between free exercise and non-establishment principles.
Historical Context and Interpretation
Historical context of religion clauses
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- Colonial religious persecution prompted Founders to prioritize religious freedom (Massachusetts Bay Colony)
- Enlightenment philosophy influenced separation of church and state (John Locke)
- First Amendment religion clauses established dual protections against government interference
- Thomas Jefferson's "wall of separation" metaphor shaped interpretation of church-state relations
- James Madison advocated for robust religious liberty and pluralism
- Early America saw gradual disestablishment of state religions (Massachusetts, 1833)
Supreme Court on Establishment Clause
- (1947) applied Establishment Clause to states through 14th Amendment
- (1971) created three-prong test for evaluating government actions related to religion
- (1984) introduced focusing on perception of government support
- (1992) prohibited at public school events using
- (2002) upheld school voucher programs including religious schools based on neutrality and private choice
Scope of Free Exercise Clause
- (1879) distinguished between protected religious beliefs and regulatable practices
- (1963) established test for laws burdening religious exercise
- (1972) exempted Amish from compulsory education laws based on religious freedom
- (1990) narrowed Free Exercise protections for neutral, generally applicable laws
- (1993) attempted to restore compelling interest test nationwide
- (1997) limited RFRA's application to federal government actions
- (2014) extended to closely held corporations under RFRA
Tension between religion clauses
- Religious displays cases reveal differing approaches (Van Orden v. Perry, McCreary County v. ACLU)
- School prayer decisions balance student rights with Establishment concerns (Engel v. Vitale, Santa Fe v. Doe)
- Government funding cases address equal access vs. entanglement (Mitchell v. Helms, Trinity Lutheran v. Comer)
- Courts struggle to balance non-establishment, free exercise, and neutrality principles
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