3.2 First Amendment: Freedom of Religion

Two Religion Clauses

The First Amendment has two religion clauses that sometimes conflict. The Establishment Clause bars government from creating or favoring an official religion. The Free Exercise Clause protects individuals' rights to practice their religion. Courts must balance these when government action touches religion.

Establishment Clause Cases

In Engel v. Vitale (1962), the Court ruled state-sponsored prayer in public schools unconstitutional, reinforcing separation of church and state. This case shows the Court applying the Lemon test ideas (secular purpose, no advancement/inhibition of religion, no excessive entanglement) to limit government religious activity in public institutions.

Free Exercise Clause Cases

In Wisconsin v. Yoder (1972), the Court sided with Amish families who refused to send children to school past 8th grade for religious reasons, showing free exercise can outweigh state interests. Free exercise isn't absolute—government can limit religious practice if there's a compelling state interest, but courts scrutinize such limits closely.

Key terms

Establishment Clause

Part of the First Amendment preventing government from creating or favoring an official religion.

Free Exercise Clause

Part of the First Amendment protecting individuals' right to practice their religion freely.

Engel v. Vitale (1962)

Supreme Court case ruling that state-sponsored prayer in public schools is unconstitutional under the Establishment Clause.

Wisconsin v. Yoder (1972)

Supreme Court case protecting Amish families' right, under Free Exercise, to withdraw children from school after 8th grade.

Compelling state interest

A strong government justification required to limit a fundamental right, such as free exercise of religion.

Try an AP-style question

In Engel v. Vitale (1962), the Court held that…

1. students may never pray privately at school
2. school-sponsored prayer is unconstitutional
3. religious private schools cannot exist
4. states may require a daily prayer in class