Protecting Religion Through Statute: The Mixed Case of the United States

Jay Wexler Saturday, 1 September 2007

The primary source of protection for religion in American law is the First Amendment to the U.S. Constitution, which provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The so-called "Free Exercise Clause" of the First Amendment protects, to some degree, the rights of individuals to practice their religion without interference, while the so-called "Establishment Clause" prevents the government from providing too much support for religion or overly involving itself with religious institutions. The chief interpreter of the First Amendment is the U.S. Supreme Court, which has had a mixed record in protecting religious freedom, particularly for those whose beliefs are in the minority. Some of the Court's decisions—such as its decisions banning school prayer—are very sensitive to the interests of religious minorities, while other decisions—such as its decision to allow the government to indirectly burden the religious beliefs and practices of individuals through general laws—are not nearly so sensitive.

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