Also known as: establishment clauses · Est. Clause · Establishment Clause of the First Amendment
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional command in the First Amendment that prohibits the federal and state governments from establishing an official religion or favoring one religion over another.
President issues an order limiting visas from several majority-Muslim nations after an interagency security review. The order recites only national-security concerns about vetting. Elena Estrada, a U.S. citizen whose relative is affected, sues claiming religious animus. The court applies rational-basis review in the immigration setting and upholds the order because the stated purpose is legitimate and rationally related to the restrictions.
Edward Everett, an Amish parent, withdraws his children after eighth grade for religious reasons and provides vocational training at home. State officials prosecute under compulsory-attendance laws. Everett defends by arguing that the mandate substantially burdens his religious practices.
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Emanuel Escobar, a federal taxpayer, sues to enjoin congressional appropriations that fund textbooks for religious schools. He alleges the spending endorses religion. The court recognizes his standing solely because the claim targets an exercise of the taxing and spending power under the Establishment Clause.
Esther Eisenberg challenges a state law that withholds public funds from clinics providing certain reproductive services while allowing religiously affiliated hospitals to receive grants. She claims the funding scheme endorses religious views on abortion. The court evaluates the statute under substantive due process standards.
Enzo Eastwood's congregation seeks a permit to enlarge its building in a historic district. The city denies the permit under a neutral preservation law. Eastwood claims the denial burdens religious exercise and that RFRA requires an exemption. The court holds that Congress lacked power to impose RFRA on the states because doing so would exceed Section Five authority.
Ella Emerson's nonprofit religious university maintains racially discriminatory admissions policies justified by religious doctrine. The IRS revokes its tax-exempt status. Emerson sues, arguing the revocation violates religious liberty. The court upholds the revocation because the government's interest in eradicating racial discrimination in education outweighs the burden on the school's religious practices.
Courts apply at most rational-basis review and defer to the political branches when the order states a legitimate national-security purpose that is rationally related to the restrictions.
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Yes, but only when the challenge targets an exercise of the taxing and spending power that allegedly violates the Establishment Clause.
A state does not violate the Free Exercise Clause by excluding the pursuit of a devotional theology degree from an otherwise generally available scholarship program, though it could fund such training without violating the Establishment Clause.
Supporting sources
The clause prevents government from endorsing or supporting religion, composing official prayers, or favoring one religious view over another.
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…says, between allowing a patchwork of exemptions that would hinder its law enforcement efforts, and risking a violation of the Establishment Clause by arbitrarily limiting its religious exemptions. This argument, however, could be made in almost any free exercise case. See Lupu, Where Rights Begin: The Problem of Burdens on the Free…