Tuesday, August 8, 2023

Religious Liberty: Establishment Clause

The Establishment Clause: 

Congress shall make no law respecting an establishment of religion

Explanations: 

- Legal Information Institute

The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates.


- Oyez: Establishment Clause Cases.

Landmark Cases: 

- Lemon v Kurtzman.

- - The Lemon Test.