Religion and the Constitution
The framers of the U.S. Constitution, influenced by Enlightenment ideas and a commitment to religious liberty, adopted a position of neutrality toward religion. They believed the government should neither compel religious observance nor interfere with individual belief or practice. To preserve this neutrality, the Constitution contains two primary provisions addressing religion: the prohibition of religious tests for public office in Article VI and the dual protections of the First Amendment: the Establishment Clause and the Free Exercise Clause.
Article VI: Religious Tests
Article VI provides that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” This clause ensures that religious belief or nonbelief cannot be used as a condition for holding public office, reflecting the framers’ view that public service must be open to all citizens regardless of faith.
The Establishment Clause
The First Amendment begins: “Congress shall make no law respecting an establishment of religion.” This Establishment Clause forbids the government from establishing an official religion or favoring one faith over another. The Supreme Court has interpreted this provision to prohibit laws that endorse or coerce religious participation while permitting limited, historically grounded practices that acknowledge religion’s role in public life. In Town of Greece v. Galloway, 572 U.S. 565 (2014), the Court upheld the practice of opening local legislative meetings with prayer, reasoning that such invocations reflected a long-standing tradition and were directed at legislators rather than the public. Other cases have allowed certain forms of government aid to religious schools if distributed on neutral terms.
The Free Exercise Clause
Following the Establishment Clause, the First Amendment also protects the “free exercise” of religion. This clause guarantees both the freedom to hold religious beliefs and, within limits, to act on those beliefs. The government may not target or suppress religious practice, but neutral laws of general applicability may incidentally restrict it. In Employment Division v. Smith, 494 U.S. 872 (1990), the Court held that the Free Exercise Clause does not exempt individuals from compliance with valid, neutrally applied laws, even when those laws burden religious conduct. Congress later responded with the Religious Freedom Restoration Act of 1993 (RFRA), which requires that federal laws substantially burdening religious exercise must serve a compelling governmental interest and be narrowly tailored to achieve it.
Incorporation and State Application
Originally, the First Amendment restricted only the federal government. Through the Fourteenth Amendment, however, the Supreme Court has incorporated both the Establishment and Free Exercise Clauses to apply against state and local governments. In Cantwell v. Connecticut, 310 U.S. 296 (1940), the Court struck down a state law requiring a license for religious solicitation, holding that it violated the Free Exercise Clause.
Modern Application and Statutory Protection
Supreme Court cases continue to define the balance between religious liberty and governmental regulation. In Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014), the Court held that closely held for-profit corporations could claim protection under RFRA against federal regulations requiring health-insurance coverage for certain contraceptives. The decision rested on statutory rather than constitutional grounds but demonstrated the continuing significance of religious liberty in modern law. The Court has since refined these principles in Fulton v. City of Philadelphia, 593 U.S. 522 (2021), holding that a city violated the Free Exercise Clause when it refused to contract with a Catholic foster-care agency because the agency declined to certify same-sex couples. The ruling reaffirmed that government actions burdening religious exercise must be neutral and generally applicable or satisfy strict scrutiny.
The Establishment Clause and Free Exercise Clause define the constitutional relationship between religion and government. The Establishment Clause prevents governmental endorsement or coercion of religion, while the Free Exercise Clause protects individual belief and practice. Through judicial interpretation and legislation such as RFRA, these principles continue to shape the boundaries of religious liberty in the United States.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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