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Understanding the Establishment and Free Exercise Clauses of the Constitution

The First Amendment to the Constitution of the United States reads, in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The first part of the statement is referred to as the "Establishment Clause"; it means that a government cannot provide financial support to, or otherwise support, any religion. The courts have interpreted the "Free Exercise Clause," the second part of the statement, as a person's right to practice a religion or to not practice a religion.

Over the years, the Supreme Court has developed three tests to help determine whether a governmental agency's practice or policy violates the Establishment and Free Exercise Clauses of the Constitution.

The first test is called the "Lemon Test." A government practice is unconstitutional (i.e., violates the First Amendment) if (1) it lacks a secular purpose; (2) its primary effect advances or inhibits religion; or (3) it fosters an excessive entanglement with religion. [Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S. Ct. 2105, 29 L. Ed. 2nd 745 (1971)]

The "Endorsement Test" says that if a government agency acts to endorse one religion over another or to favor religion over non-religion, the action is unconstitutional. A school breaches the Constitution if it endorses religion by conveying a message that religion is favored, preferred or promoted over other beliefs. [County of Allegheny v. ACLU, 492 U.S. 573, 593-94, 109 S. Ct. 3086, 106 L. Ed. 2nd 472 (1989)]

The third test, the "Coercion Test," says that a school-sponsored religious activity is unconstitutional if it pressures students to participate. Unconstitutional coercion occurs when (1) the government directs (2) a formal religious exercise (3) in such a way as to oblige the participation of the objectors. [Lee v. Weisman, 505 U.S. 577, 597-99, 112 S. Ct. 2649, 120 L. Ed. 2nd 467 (1992)]