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In United States law, the Establishment Clause [1] of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read: Congress shall make no law respecting an establishment of ...
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution, which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
Kurtzman (1971), the Court created a three-part test for laws dealing with religious establishment. This determined that a law was constitutional if it: Had a secular purpose; Neither advanced nor inhibited religion; Did not foster an excessive government entanglement with religion. Some examples of where inhibiting religion has been struck down:
Similarly, Article III, Section 5 declares, "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.
Religious practice may also conflict with secular law, creating debates on religious freedom. For instance, even though polygamy is permitted in Islam, it is prohibited in secular law in many countries. This raises the question of whether prohibiting the practice infringes on the beliefs of certain Muslims.
Smith that, as long as a law does not target a particular religious practice, it does not violate the Free Exercise Clause. Smith set the precedent [10] "that laws affecting certain religious practices do not violate the right to free exercise of religion as long as the laws are neutral, generally applicable, and not motivated by animus to ...
No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect; nor shall any money so raised or lands so devoted be divided between ...