The Intent of the Establishment Clause

The Bill of Rights framers viewed the consolidation of church and state as a threat to religious liberty. The Establishment Clause therefore bars the government from creating a national church or granting privileges to any religious group. Whether it prohibits the government from favoring religion over secularism is a subject of debate.

Establishment Clause Cases and Tests

In Establishment Clause cases, the Supreme Court may use the Lemon test, instituted in Lemon v. Kurtzman and modified in Agostini v. Felton, which involved government aid to religious schools. According to the First Amendment Center, the original version of the test asks whether a government action has a secular purpose, whether it promotes or inhibits religion, and whether it “excessively entangles” religion and government. The modified Lemon test combines the last two elements. In Lynch v. Donnelly, in which the Court allowed a city-funded Christmas display, Justice Sandra Day O'Connor introduced the endorsement test. The Establishment Clause, she argued, barred the government from making "adherence to a religion relevant ... to a person’s standing in the political community”; the First Amendment Center notes she had been concerned that the display might make some people feel like outsiders. In Allegheny County v. ACLU, the Court deemed a courthouse nativity with the words “Glory to God in the Highest" an "endorsement" of religion, but allowed a Christmas tree and menorah display as permissible "recognition" of religious heritage.