The Establishment Clause and the Free Exercise Clause

The Establishment Clause and the Free Exercise Clause

The Establishment Clause prohibits the legislature and the state from giving preferential treatment to a religious organization or funding a specific religion (Merriam, 2009). On the other hand, the Free Exercise Clause declares that citizens are free to exercise a religion they prefer or not participate in any religion altogether (Cookson, 2001). The Establishment Clause facilitates the enjoyment of the Free Exercise Clause to be real for everyone and not for a few privileged individuals since it prohibits the state from supporting a specific religious establishment.

One of the main differences between the two clauses is the purpose the clauses are designed to serve. On the one hand, the state should not declare a preferred religion as per the requirements of the Establishment Clause (Merriam, 2009). On the other hand, citizens may freely align with a religion of their choice as per the Free Exercise Clause (Cookson, 2001). Further, the Establishment Clause seeks to bolster the principle of separating the state and religion, as the Free Exercise Clause imposes limits on the government, such that a government cannot prohibit or regulate religion unless compelling reasons force the government to do so. There are increasing concerns that the two clauses are at odds with one another as the Establishment Clause may limit citizens from freely practicing their preferred religious beliefs.

A common interpretation of the Establishment Clause is to establish a secular state. By making Congress not take sides with any religious affiliation, a secular state is attainable (Merriam, 2009). Besides, the principal effect of the clause is that it does not advance nor inhibit any religion, thus creating religious freedom as citizens are free to follow any religion they wish. Finally, the clause prohibits possible entanglement between the law and any religious affiliation.

References

Cookson, C. (2001). Regulating religion: The courts and the free exercise clause. Oxford University Press, USA.

Merriam, J. (2009). Establishment Clause-trophobia: building a framework for escaping the confines of domestic church-state jurisprudence. Colum. Hum. Rts. L. Rev., 41, 699.

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For this assignment, please answer the following question in NO MORE THAN two typed pages, double-spaced, 12-point font.
1. Explain the difference between the Establishment Clause and the Free Exercise Clause of the First Amendment.
2. Briefly summarize one of the common interpretations of either of the clauses.