THE ESTABLISHMENT CLAUSE - FREE EXERCISE CLAUSE

The First Amendment to the U.S. Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The first part of this provision is known as the Establishment Clause, and the second part is known as the Free Exercise Clause. Although the First Amendment only refers to Congress, the U.S. Supreme Court has held that the Fourteenth Amendment makes the Free Exercise and Establishment Clauses also binding on states.

· To determine whether an action of the federal or state government infringes upon a person's right to freedom of religion, the court must decide what qualifies as religion or religious activities for purposes of the First Amendment.

· The government cannot enact legislation that aids one religion, aids all religions, or prefers one religion over another. It cannot force or influence a person to participate in, or avoid, religion or force a person to profess a particular religious belief. No tax in any amount can be levied to support any religious activities or organizations. Neither a state nor the federal government can participate, whether openly or secretly, in the affairs of any religious groups.

· Because the Establishment Clause calls for government neutrality in matters involving religion, the government need not be hostile toward religions because such an approach would be favoring those who do not believe in religion over those who do. In addition, if the government denies religious speakers the ability to speak or punishes them for their speech, it violates the First Amendment's right to freedom of speech. The Supreme Court held in 1981 that it was unconstitutional for a state university to prohibit a religious group from using its facilities when the facilities were open for use by organizations of all other kinds.