Amendment 1 — General Principle Of Government Neutrality To Religion

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First Amendment :

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment ’s Establishment Clause forbids the government from making any law “respecting an establishment of religion.” [1](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn1amd1 " U.S. Const. amend. I. The Establishment Clause applies to the states by incorporation through the Fourteenth Amendment. See Everson v. Bd. of Educ., 330 U.S. 1, 8 (1947); see also . For more information on how the Supreme Court has defined religious belief and activity, see and . ") Perhaps most obviously, this provision prevents the federal government from establishing an official national religion akin to the Church of England.[2](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn2amd1 " See, e.g., Everson, 330 U.S. at 15. See also, e.g., Watson v. Jones, 80 U.S. (13 Wall.) 679, 728 (1871) ( “The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.” ). ") But a law may “respect” an establishment even if it does not explicitly establish a religion.[3](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn3amd1 " Lemon v. Kurtzman, 403 U.S. 602, 612 (1971) (emphasis added). ") Thus, relying on the historical background preceding the adoption of the First Amendment , and looking particularly to the colonists’ experiences with religious establishments, the Supreme Court has long understood the Establishment Clause to bar other types of government support that would tend to “establish” religion, as well.[4](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn4amd1 " Everson, 330 U.S. at 8–15. See also . ") According to the Court, for the Founders, laws respecting “the ‘establishment’ of a religion connoted sponsorship, financial support, and active involvement of the sovereign in religious activity.” [5](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn5amd1 " Walz v. Tax Comm’n, 397 U.S. 664, 668 (1970). ")

The Supreme Court has often referred to government neutrality towards religion as its guiding principle in applying the Establishment Clause.[6](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn6amd1 " See, e.g., McCreary Cnty. v. Am. Civil Liberties Union, 545 U.S. 844, 874 (2005); Wallace v. Jaffree, 472 U.S. 38, 60 (1985). ") For example, the Court has said the state must “be a neutral in its relations with groups of religious believers and non-believers.” [7](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn7amd1 " Everson, 330 U.S. at 18. ") The Court has further recognized that the government may provide some types of support without violating the Establishment Clause.[8](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn8amd1 " Id. at 17. ") While “neutrality” has remained the general touchstone, the Court has adopted a variety of approaches to determine whether any given action is sufficiently neutral.[9](https://www.law.cornell.edu/constitution-conan/amendment-1/general-principle-of-government-neutrality-to-religion#fn9amd1 " Cf., e.g., Mitchell v. Helms, 530 U.S. 793, 837–38 (2000) (O’Connor, J., concurring in the judgment) (arguing that the plurality opinion’s Establishment Clause analysis treated neutrality as a factor with “close to . . . singular importance” in a way inconsistent with the Supreme Court’s prior jurisprudence). ")

Footnotes

1

U.S. Const. amend. I . The Establishment Clause applies to the states by incorporation through the Fourteenth Amendment . See Everson v. Bd. of Educ., 330 U.S. 1 , 8 (1947); see also . For more information on how the Supreme Court has defined religious belief and activity, see and .

2

See, e.g., Everson, 330 U.S. at 15. See also, e.g., Watson v. Jones, 80 U.S. (13 Wall.) 679 , 728 (1871) ( “The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.” ).

3

Lemon v. Kurtzman, 403 U.S. 602 , 612 (1971) (emphasis added).

4

Everson, 330 U.S. at 8–15. See also .

5

Walz v. Tax Comm’n, 397 U.S. 664 , 668 (1970).

6

See, e.g., McCreary Cnty. v. Am. Civil Liberties Union, 545 U.S. 844 , 874 (2005); Wallace v. Jaffree, 472 U.S. 38 , 60 (1985).

7

Everson, 330 U.S. at 18.

8

Id. at 17.

9

Cf., e.g., Mitchell v. Helms, 530 U.S. 793 , 837–38 (2000) (O’Connor, J., concurring in the judgment) (arguing that the plurality opinion’s Establishment Clause analysis treated neutrality as a factor with “close to . . . singular importance” in a way inconsistent with the Supreme Court’s prior jurisprudence).