The First Amendment to the U.S. Constitution begins: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.’ Together, these two provisions are commonly referred to as the ‘religion clauses.’ The ‘Establishment Clause’ prohibits government from promoting or opposing religion. The ‘Free Exercise Clause’ protects the right to believe in and practice religion.
How those eighteenth-century words govern modern Americans' lives hasn't always been uncontested. What does ‘no law’ really mean? What's the definition of ‘establishment’? Can the government ever regulate religious exercise? Should the religion clauses apply only to the federal government, or to state and local governments, too?
Questions like these are ultimately resolved by the U.S. Supreme Court, but other federal courts, and some state courts, also frequently weigh in on important church-state issues. Below, you can find summaries of many U.S. Supreme Court decisions, as well as summaries of court decisions on three featured topics: School Vouchers, Prayer in Public Schools, and Ten Commandments Displays.
- To read summaries of U.S. Supreme Court decisions, select “U.S. Supreme Court” from the drop-down box labeled “Court,” and click Submit.
- To read summaries of School Voucher decisions, select “Religious School Vouchers” from the drop-down box labeled “Issue Category,” and click Submit.
- To read summaries of Prayer in Public Schools decisions, select “Prayer in Public Schools” from the drop-down box labeled “Issue Sub Category,” and click Submit.
- To read summaries of Ten Commandments Display decisions, select “Religious Symbols on Public Property” from the drop-down box labeled “Issue Sub Category,” and click Submit.
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ACLU of Ky. v. Grayson County (Grayson II)
A "Foundations of American Law and Government Display" in a county courthouse did not violate the Establishment Clause where the history of its posting did not support the conclusion that its purpose was religious.
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Green v. Haskell County Bd. of Comm’rs
A Ten Commandments monument, newly installed on a county courthouse's grounds, violated the Establishment Clause because in light of its history and context, the monument had a predominantly religious effect.
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Borden v. Sch. Dist. of the Twp. of East Brunswick
Where a high-school football coach has historically organized and even led his team in prayer, his bowing his head or “taking a knee” during player-initiated team prayers sent an unconstitutional message of governmental endorsement of religion.
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Cain v. Horne
School voucher programs for disabled children and children in foster care do not violate the Establishment Clause of the U.S. Constitution’s First Amendment but do violate the Arizona Constitution’s No-Aid Clause.
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ACLU of Ky. v. Grayson County (Grayson I)
A "Foundations of American Law and Government Display" in a county courthouse violated the Establishment Clause because its history and context reflected a religious purpose and would lead a reasonable observer to view the display as a governmental endorsement of religion.
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Ford v. Browning
Florida’s Taxation and Budget Reform Commission exceeded its authority when it proposed amendments to the Florida constitution that would have eliminated its restriction on the use of state funds to aid any religion and expanded its public-education guarantee beyond free public schools.
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Card v. City of Everett
Under Van Orden, a donated Ten Commandments monument --- inscribed with a nonsectarian text and shrouded by overgrown shrubbery --- that shared city hall grounds with several other historical monuments and memorials, did not violate the Establishment Clause.
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ACLU of Ky. v. McCreary County (McCreary V)
Although the Supreme Court in McCreary IV had affirmed a preliminary injunction requiring two counties to remove "Foundations of American Government Displays" from their courthouses due to their religious purpose, a permanent injunction was inappropriate because the Supreme Court had recognized that the counties could eventually purge the taint of their original, impermissible purpose.
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ACLU of Ky. v. Rowan County
A "Foundations of American Government Display" in a county courthouse --- erected after the county was sued to replace a display of the Ten Commandments and approximately 17 other items in a usually-darkened courtroom --- did not violate the Establishment Clause.
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Grossman v. S. Shore Pub. Sch. Dist.
Public-school employees did not have a right to make promotion of religion a part of their jobs, lest they precipitate an Establishment Clause violation.
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