1st Amendment Establishment of Religion

1st Amendment Establishment of Religion Clause

The First Amendment of the United States Constitution lists the "Establishment Clause" as one of the first pronouncements. A basic understanding of this clause would claim that Congress will not make any law with regard to a religious establishment. The "Free Exercise Clause" is the second part of the religious clauses found in the First Amendment. In this clause, Congress cannot claim a national religion. The United States Government must also refrain from giving preference to one religion over another. That being said, the Government may not prohibit the exercise of free right to religion.

Even though the United States Government cannot give specific preference to one religion over another, the Government may still enter into a religious domain in order to make accommodations to achieve the purposes of the "Free Exercise Clause." In the beginning of the United States Constitution, the Constitution did not recognize the right to religious freedom.

In 1947, Justice Hugo Black said, "The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church." Black's statement in Everson v. Board of Education (1947) is clear; though Government officials can personally uphold a specific religion, Government official or entity cannot set up a church or show preference for one religion over another. Black also reiterated that no Government can force an individual to profess a belief or disbelief of any religion and that no person can be punished for believing in a particular religion. Finally, he quotes Thomas Jefferson in stating that the clause against establishment was enacted to act as a wall of separation between church and State.

During the Constitution's adoption of the First Amendment, there were many "official" churches, but even during that time, individuals of power were speaking out and stating that there should be a separation between the lines of religion and civil authority. What the Government eventually understood was that this could not be accomplished without enacting rights to religious freedom while keeping Governmental affairs separate. Religion is meant to be virtually untouchable to the Government.

Up until the 1960s, religious prayer was still enforced in school. This was not in keeping with the First Amendment of the United States Constitution. In 1962 a very important decision was made by the Court in Engel v. Vitale regarding a mandatory daily recitation by public school officials of a prayer written by the New York Board of Regents. The Court recognized this forced prayer as being unconstitutional and ruled that it was not the business of the official Government to compose mandatory prayers in school (Black, 1962). Article VI prohibits religious tests as a condition for holding public office.

Maryland has quite a history with regard to the right to religious freedom. In 1649, just fifteen years after the founding of Maryland by a Catholic, Lord Baltimore, the Maryland Toleration Act was enacted. Lord Baltimore wrote, "No person or persons...shall from henceforth be any waies troubled, molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof." This Act was appealed and Lord Baltimore would not regain control again until 1658. Baltimore accomplished this by making a deal with colony Protestant's. At this time, the Act would remain strong for thirty years. In 1692, after Maryland's Protestant's Revolution of 1689, freedom of religion in Maryland was rescinded. In 1704, an Act was passed to prevent "Propery in this Province," which prevented Catholics from holding political office. It wasn't until the American Revolution that full religious toleration would be restored not only in Maryland, but throughout the United States. At this time, Maryland's Charles Carroll of Carrollton signed the American Declaration of Independence.

The "Establishment Clause" prohibits the Government from creating a religious establishment or excessively involving itself in any particular religion, particularly for the benefit of one religion over another. This enactment is held to be applicable today. In the "Free Exercise Clause," it states that Congress cannot prohibit the exercise of freedom of religion. The Fourteenth Amendment of the United States guarantees religious civil rights. The First Amendment allows the free exercise of religion, but the Fourteenth Amendment is what prohibits discrimination, including discrimination on the basis of religion. In this Amendment, it is stated, "the equal protection of the laws," meaning by every person.

Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the 1930s and 1940s. Before then, the court system handled very few court cases regarding freedom of speech and freedom of religion. These cases formed the foundation of the First Amendment protection of all citizens.

The Court has attempted to create and implement a system for determining church and state decisions. This is accomplished with a three-part test for laws dealing with religious establishment. The determination if the law is constitutional is this: does it have a secular purpose? It should not advance or inhibit religion. Finally, it cannot foster an excessive government entanglement with religion.

The word "religion" means to bind fast. This word comes from the Western Latin word religare. Religion is a sticky subject for many people. For those who want little or nothing to do with it, freedom of religion is important because it allows those individuals to effectively stay out of it. They are protected from being forced to participate within any specific religion and are not punished for choosing not to do so. Those who actively participate in a specific religion are also protected by the freedom of religious Acts, because it allows them to be themselves the same way as non-worshippers, but for the purpose of allowing individuals to uphold, believe and practice whatever religion they choose.

The struggles for religion liberty have been ongoing for centuries. The twentieth century has proven to be an important point in religious history. It was during this time that many changes were made to Governmental laws with regard to freedom of religion. The Government was kept from having anything to do with any religious establishments. Government officials can certainly personally hold whatever religious beliefs they choose, however, they must not use their religion to get ahead in politics and they cannot use their political status to aid or squash religious entities. In the United States, they are also not allowed to have "official" or Governmental religious establishments.

It is important that the United States continues to separate church from State. The entire nation is built on the basis of freedom (freedom of speech, freedom of religion and equal human rights). In treating all humans equally (even in punishment), it is important to recognize that not only do many people have some sort of religion, but not all Americans share in the same belief system. We must recognize the importance of religion without implying that any one individual must believe or follow a specific religion. Even prisoners are allowed to participate in their chosen religion, however, none are forced onto one religion in particular.