Also known as: nonestablishment · non-establishment clause · establishment clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional principle that prohibits government from establishing, endorsing, or favoring religion over nonreligion. The principle requires neutrality toward religion and bars official sponsorship or preference for religious exercise or doctrine.
Nigel Nelson, a foreign national from a majority-Muslim country, challenged a presidential order barring entry of certain skilled workers on national security grounds. The order recited a facially neutral security rationale and applied to designated countries. Courts applied rational basis review and upheld the order because the stated purpose was legitimate and rationally related to the restrictions despite earlier statements suggesting religious animus.
Nancy Nelson operated a university that enforced religious rules against interracial dating. The IRS revoked the university's tax-exempt status because the policies violated public policy against racial discrimination. The Supreme Court upheld the denial, ruling that the government need not subsidize religious practices that conflict with compelling public interests.
Select any source to read its text and confirm it supports the definition.
Nyah Ndlovu, editor of a religious student newspaper at a public university, sought reimbursement for printing costs under a neutral student activity fund. The university denied funding solely because the publication had a religious viewpoint. The Supreme Court held that the denial violated the principle of neutrality by discriminating against religious speech in an otherwise open forum.
Natasha Nielsen, a state official, approved salary supplements for teachers at religious schools who taught only secular subjects. The program lacked adequate safeguards to prevent the funds from advancing religious instruction. The Supreme Court struck down the aid because it created excessive entanglement between government and religion.
Nikhil Narayan's religious group performed animal sacrifices as part of its worship. The city enacted an ordinance banning such sacrifices while permitting other forms of animal killing. The Supreme Court invalidated the ordinance because it targeted religious conduct and was not neutral or generally applicable.
Nadia Novak, a public school student, objected to a state-composed prayer recited at the start of each school day. Participation was voluntary, but the prayer was officially sponsored and led by school officials. The Supreme Court held that the practice violated the principle by constituting government endorsement of religion in a public school setting.
A neutral program does not violate the principle when benefits reach religious institutions only through independent private choice rather than direct government endorsement. Programs that provide aid on neutral criteria to individuals who then direct funds to religious schools are permissible.
No. The principle permits equal participation by religious schools in neutral funding programs. Excluding religious schools solely because of their religious character violates free exercise protections instead.
Courts apply rational basis review to Establishment Clause challenges against entry restrictions. An order stating a legitimate national security purpose satisfies the principle even if earlier statements suggest religious animus.
Aid is permissible when restricted to secular purposes and does not fund religious indoctrination. Programs lacking safeguards against diversion to religious use create impermissible entanglement.
…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…