Question

Explain how the First Amendment’s establishment clause and free exercise clause guarantee our freedom of religion. More than 150 words and with examples.

Answer 1

The First Amendment includes two clauses covering religion: the Establishment Clause and the Free Exercise Clause. The rule on creation forbids the government from "establishing" a religion. The exact meaning of the word "government" is uncertain. Historically, it meant banning state-sponsored churches, such as the Church of England.

Today, what constitutes a "church of faith" is still regulated by the three-part test set out by the United States. Supreme Court, Lemon v. Kurtzman, 403 U.S. 602 (1971). Under the 'Lemon' test, government can assist religion only if (1) the primary object of the assistance is secular, (2) the assistance must not encourage or hinder religion, and (3) there is no undue entanglement between church and state.

The Free Exercise Clause safeguards citizens' freedom to practice their faith as they wish, as long as the practice is not based on "public morality" or "compelling" governmental interest. For example, in Prince v. Massachusetts, 321 U.S. 158 (1944), the Supreme Court ruled that a state could compel the inoculation of children whose parents would not allow such action on religious grounds. The Court ruled that the State had an overwhelming interest in the preservation of public health and safety. The Establishment Clause and the Free Exercise Clause often come into conflict. Federal courts are able to settle these disputes, and the Supreme Court is the ultimate arbitrator.