The First Amendment:Freedom of Religion

“Congress shall make no law respecting the establishment of religion, or prohibiting the free

exercise thereof…”

The Free Exercise Clause

• Federal law cannot prevent free exercise of religion

• Selective incorporation has applied this to states (and local) governments

• No limit on belief

• Actions may be limited– Violation of laws applying to everyone– Threat to public health or safety

The Establishment Clause

• Prohibits setting up of a state church

• “Wall of Separation”

• Selective incorporation has applied this to state (and local) governments

• When is government involvement OK?– If it has a secular purpose– If it neither helps or hurts religion– If it doesn’t “entangle” the gov’t with religion