The Establishment Clause: Separation of Church and State
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What does the Establishment Clause of the First Amendment forbid?
It forbids the government from making any law "respecting an establishment of religion." This means no official, state-sponsored church and no laws that unduly favor one religion over another.
In *Everson v. Board of Education* (1947), the Supreme Court applied the Establishment Clause to the states. What was the case about?
The case involved a New Jersey law that reimbursed parents for transportation costs to parochial (religious) schools. The Court upheld the law but established that the clause created a "high wall of separation" between church and state.
According to the Supreme Court, can the government provide any aid to religious institutions?
Yes, but it must be for a secular (non-religious) purpose. For example, providing non-religious textbooks or transportation, but not funding for religious instruction.
What was the ruling in *Engel v. Vitale* (1962) regarding prayer in public schools?
The Supreme Court ruled that state-composed, mandatory prayer in public schools is unconstitutional because it represents a government endorsement of religion, violating the Establishment Clause.
Can a public school day begin with a mandatory reading from the Bible?
No. In *Abington School District v. Schempp* (1963), the Supreme Court ruled that school-sponsored Bible reading in public schools is unconstitutional.
Are religious displays, such as the Ten Commandments, allowed on government property?
It depends on the context and purpose. If the display's purpose is to advance religion, it is unconstitutional. If it is part of a broader historical or secular display, it may be permissible.
What is the 'endorsement test' for the Establishment Clause?
A test proposed by Justice Sandra Day O'Connor to determine if the government is unconstitutionally endorsing or disapproving of religion from the perspective of a reasonable observer.
What is the 'coercion test' for the Establishment Clause?
A test used by some justices to see if a government action unconstitutionally coerces anyone to support or participate in religion or its exercise against their will.
Can a town meeting begin with a prayer?
Yes, under certain conditions. In *Town of Greece v. Galloway* (2014), the Court held that legislative prayer is permissible as a historical tradition, provided it does not coerce non-adherents.
