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  2. Dictionary

    Es·tab·lish·ment Clause
    [Establishment Clause]
    noun
    law
    Establishment Clause (noun) · Establishment Clauses (plural noun)
    1. the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.
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  3. The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
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    What is an Establishment Clause case?The Establishment Clause of the First Amendment prohibits the government from establishing an official religion. The Supreme Court is likely to view a case as an Establishment Clause case when it involves government actions or policies that could be perceived as endorsing or promoting a particular religion.
    What is the First Amendment's establishment clause?The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
    Does the Establishment Clause apply to state governments?The language of the Establishment Clause itself applies only to the federal government (“Congress shall pass no law respecting an establishment of religion”). All states disestablished religion by 1833, and in the 1940s the Supreme Court held that disestablishment applies to state governments through the Fourteenth Amendment.
    What was the purpose of the Establishment Clause?The Establishment Clause addressed the concerns of members of minority faiths who did not want the federal government to establish a state religion for the entire nation. The Baptists in Virginia, for example, had suffered discrimination prior to the state's disestablishment of the Anglican church in 1786.
     
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