History, Challenges and Impact of Establishment Clause in the United States

 
##Introduction 
The Establishment Clause is a fundamental principle of American democracy, enshrined in the First Amendment to the United States Constitution. It prohibits the government from making any law "respecting an establishment of religion," which has been interpreted to mean that the government cannot favor one religion over another or favor religion over non-religion. In this blog post, we will explore the history and significance of the Establishment Clause, its interpretation by the courts, and its impact on American society.

##History of the Establishment Clause
The Establishment Clause was included in the First Amendment to the United States Constitution in 1791, as part of the Bill of Rights. The clause was intended to prevent the federal government from establishing a national church, similar to the Church of England, and to protect the freedom of individuals to practice their own religion. The clause was also intended to promote religious pluralism and diversity by preventing the government from favoring one religion over another.

##Interpretation of the Establishment Clause
The Establishment Clause has been interpreted by the following courts in a number of landmark cases. One of the most significant cases is Everson v. Board of Education (1947), in which the Supreme Court held that the Establishment Clause prohibits the government from providing financial support to religious institutions. The Court ruled that the clause creates a "wall of separation" between church and state, and that any government action that crosses this wall is unconstitutional.
Another significant case is Lemon v. Kurtzman (1971), in which the Supreme Court established a three-part test for determining whether a government action violates the Establishment Clause. The test, known as the Lemon test, asks:

What is the primary purpose of the government action?

What is the primary effect of the government action?

Does the government action excessively entangle the government with religion?

If the answer to any of these questions suggests that the government action favors religion or excessively entangles the government with religion, then the action is likely to be deemed unconstitutional.

##Impact of the Establishment Clause
The Establishment Clause has had a significant impact on American society. It has helped to promote religious pluralism and diversity by preventing the government from favoring one religion over another. It has also helped to protect the freedom of individuals to practice their own religion, or no religion at all.
One of the most significant impacts of the Establishment Clause has been on education. The clause has been used to challenge government-sponsored prayer and Bible reading in public schools, as well as the teaching of creationism and intelligent design. In cases such as Engel v. Vitale (1962) and Edwards v. Aguillard (1987), the Supreme Court has ruled that such practices are unconstitutional because they favor religion over non-religion.
The Establishment Clause has also had an impact on government funding of religious organizations. In cases such as Zelman v. Simmons-Harris (2002), the Supreme Court has ruled that government funding of religious organizations is constitutional if it is provided through a neutral program that benefits a wide range of recipients, including both religious and secular organizations.

##Challenges and Controversies
Despite its importance, the Establishment Clause has been the subject of controversy and debate. Some argue that the clause has been interpreted too broadly, and that it has resulted in the exclusion of religion from public life. Others argue that the clause is necessary to protect the freedom of individuals to practice their own religion, and to prevent the government from favoring one religion over another.
One of the most significant challenges to the Establishment Clause has come from the Religious Right movement, which has argued that the clause has been used to "secularize" American society and to exclude religion from public life. This movement has sought to promote greater government support for religious organizations and to challenge the Supreme Court's interpretation of the Establishment Clause.

##Conclusion
The Establishment Clause is a fundamental principle of American democracy that has played a critical role in promoting religious pluralism and diversity. The clause has been interpreted by the courts to prohibit the government from favoring one religion over another or favoring religion over non-religion. While the clause has been the subject of controversy and debate, it remains an essential part of American constitutional law and a vital protector of individual freedom.

##References

U.S. Const. amend. I.

Everson v. Board of Education, 330 U.S. 1 (1947).

Lemon v. Kurtzman, 403 U.S. 602 (1971).

Engel v. Vitale, 370 U.S. 421 (1962).

Edwards v. Aguillard, 482 U.S. 578 (1987).

Zelman v. Simmons-Harris, 536 U.S. 639 (2002).


##Citations
Levy, L. W. (1994). The Establishment Clause: Religion and the First Amendment. New York: Macmillan.