amendment separates state, church
“Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof …”
The first line in the First Amendment of the Constitution of the United States of America mandates the separation of church and state. This is a concept which has been a major issue from the creation of our government to modern-day legislation.
“We as a people do not want government telling us we can’t practice our religion,” said Richard Hymas, a Salt Lake City civil rights attorney. “Whether we are Baptist, Jewish, Mormon or whatever, people are entitled to practice as they wish.”
The first amendment has two clauses which pertain to the separation of church and state, Hymas said. The first is known as the establishment clause and declares Congress cannot make any laws creating or favoring a particular religion, he said. The second clause is known as the Free Exercise Clause which mandates that Congress may not prohibit the exercise of any religion, Hymas said.
The Court’s interpretation of these clauses over the past 200 years have attempted to clarify this broad subject.
The 1971 Supreme Court case Lemon v. Kurtzman, developed a three-part test to determine whether or not a violation of the establishment and free exercise clauses had been committed, said Anthony Peacock, professor of political science at Utah State University.
First, there must be a secular purpose to legislation. Second, the primary effect of the legislation or act must be one that neither advances nor hinders a particular religion. Finally, the act cannot create excessive government entanglement with religion, Peacock said.
These three rules give a basis concerning what is, and what is not, appropriate interaction between church and state, he said.
These basic rules apply to every public entity equally, Peacock said. From kindergarten to universities, all public institutions are expected to maintain a separation of church and state, he said.
Issues like school prayer, public nativity scenes, legislation against door-to-door proselytizing, school vouchers, funding of religious clubs and many more all have their basis in the establishment and free exercise clauses. Although some may see the legislation concerning these issues extensive, others find reason in it.
“The principle in a case can be very important,” Hymas said. “Sometimes a complaint can seem trivial, but the principle behind it is not. Although minorities should try to be tolerant, the majority cannot ignore their rights.”