Also known as: establishments of religion · Establishment Clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional prohibition barring the government from enacting laws or taking actions that establish or endorse a religion. The clause prevents official favoritism toward religion or religious institutions through public resources or authority.
Eugene Ellsworth, a public school principal, composes and leads a daily prayer during morning announcements. Students who decline to participate face subtle pressure from teachers. A parent sues, claiming the practice endorses religion through official school channels.
Esther Eisenberg, a lawyer from a majority-Muslim nation, is denied entry under an executive order citing national security. The order applies to several countries with large Muslim populations. She challenges the measure as motivated by religious animus despite its stated security rationale.
Select any source to read its text and confirm it supports the definition.
Evelyn Ellison, a city official, denies a permit to expand a historic Catholic church building under neutral zoning rules. The church claims the denial burdens its religious mission. The city defends the ordinance as generally applicable to all property owners.
Edward Everett, a taxpayer, sues to block federal grants used for textbooks in religious schools. The funds flow through a neutral program open to all qualifying institutions. Everett argues the expenditures improperly support religious education.
Esme Ellington, a voter, objects to public financing of elections that she claims indirectly benefits religious advocacy groups. The funding statute applies equally to all candidates regardless of affiliation. Ellington contends the system forces taxpayers to support religious causes.
Ewan Eckhart, an Amish parent, withdraws his children from public high school after eighth grade for religious reasons. State officials enforce attendance laws against the family. Eckhart seeks an exemption based on the community's self-sufficient practices and alternative instruction.
It bars the government from enacting laws or taking actions that establish or endorse a religion. Official sponsorship of prayer in public schools violates the clause even when participation is voluntary.
Supporting sources
Aid that reaches religious schools through private choice under neutral criteria does not violate the clause. Programs providing tuition vouchers or subsidies to individuals who then select religious options are permissible when the government remains neutral.
Courts apply rational basis review to Establishment Clause challenges involving entry restrictions. An order with a stated national security purpose survives even when some statements suggest religious animus.
Supporting sources
States may decline to fund devotional theology degrees under scholarship programs without violating the clause. The decision reflects a permissible choice not to support clerical training with public funds.
…those Amendments are fully applicable against the States.[^maj-35] It has not even been argued that this is a law "respecting an establishment of religion, or prohibiting the free exercise thereof."[^maj-36] And surely, unless the solemn process of constitutional adjudication is to descend to the level of a play on words, there is not…