“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
When drafting the Amendments to the Constitution, our founders created laws broad enough to last while being specific enough to safeguard individual liberties. The First Amendment includes freedom of religion, speech, the press, and the right to assemble and petition the government. Each one is equally powerful and important, deserving its own recognition. Let’s start with Freedom of Religion, just as James Madison did when he introduced the Amendments.
Freedom of Religion: A continuous battle with steady perseverance
The roots of religious freedom in the US are embedded from the very beginning.
James Madison can’t believe what he’s seeing. In 1776, Virginia was jailing ministers for preaching and practicing religion without a license from the established church. While amending George Mason’s Declaration of Rights for Virginia’s Constitution, he states “that all men are equally entitled to enjoy the free exercise of religion, according to the dictates of conscience.” Madison believes this is a fundamental right.[1]
In 1784, a bill is introduced in the Virginia General Assembly to fund teaching Christianity in public schools with public money. Madison again expresses his discontent with state-enforced religion and his passion for religious freedom in his paper, “Memorial and Remonstrance Against Religious Assessments.” He successfully secures religious liberty in Virginia, establishing the first full separation of church and state.
It’s no surprise that the First Amendment emphasizes freedom of religion. When introducing the First Amendment, Madison’s intent is clear. He states, “The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.”[2]
Despite its history and explicit protections, freedom of religion still faces challenges from personal beliefs and has been repeatedly reshaped by national discussions.
Tried and Tested
In its simplest form, freedom of religion allows people to worship (or not) in any way they choose. The Establishment Clause prevents the federal or state government from establishing its own religion or favoring one over another. If that’s the case, then how did President George W. Bush set up the Office of Faith-Based and Community Initiatives? And why do we still debate issues like prayer in public schools, the display of the Ten Commandments on school walls, or prayers at public school sports events?
Some argue that the government shouldn’t restrict a person’s right to express their religious beliefs. While this is true according to the First Amendment, others clarify the issue and support Maddison’s view that public schools should remain secular, not endorsing one religion over another, especially when public funds are involved.
Several Supreme Court cases aimed to clarify the limits of government power and create litmus tests for freedom of religion. In Lemon v. Kurtzman (1971), the Supreme Court ruled that providing public funds to parochial schools violated the Establishment Clause of the First Amendment.[3] How did the Court arrive at this decision? By citing three prior cases, which became known as the Lemon Test.
the secular purpose doctrine, Abington School District v. Schempp (1963);
the principal or primary effects doctrine, Board of Education v. Allen (1968); and
the excessive entanglement test, Walz v. Tax Commission (1970).
The Lemon Test, however, has been challenged several times, and in 2022, the Supreme Court rejected it as a framework for the Establishment Clause.[4] Some scholars contend this had little impact since the Lemon Test had not been used in decades and had its own vulnerabilities.[5]
How did the government establish the Office of Faith-Based and Community Initiatives?
Faith-based and community-focused organizations can apply for federal grants and receive government funds. When George W. Bush issued two executive orders in January 2001, he said, “The delivery of social services must be results-oriented and should value the bedrock principles of pluralism, nondiscrimination, evenhandedness, and neutrality.” The orders stated:
Order 1: Created the White House Office of Faith-Based and Community Initiatives.
Order 2: Established implementation centers in five federal departments: Justice, Labor, Health and Human Services, Education, and Housing and Urban Development.
The Department of Justice formed a Task Force to review grant programs for barriers that hinder faith-based groups from participating and to recommend ways to make funding more accessible to small community organizations. In August 2001, the White House released findings from the five centers, highlighting systemic obstacles faced by faith-based groups in competing for federal support. This resulted in a third executive order emphasizing equal opportunity and equal treatment for faith-based and community-based organizations. It offered protection against discrimination based on religion or religious beliefs. As a result, this office was created to serve ALL religions.[6]
This office also faced challenges under the Establishment Clause and has evolved with each administration based on presidential priorities. The Obama Administration renamed and expanded it as the White House Office of Faith-Based and Neighborhood Partnerships. The Trump Administration, in its first term, made the office inactive and replaced it with the Centers for Faith and Opportunity Initiatives. During the Biden Administration, he reestablished the Obama-era office with a broader scope.[7] Currently, during this Trump Administration, he disbanded the office and replaced it with the White House Faith Office under the Domestic Policy Council.[8]
Where do we go from here?
Hopefully, we continue as our Founding Fathers intended—the freedom to worship or not, as we choose, without government infringing on any religion's rights and without favoring one over another. For example, consider whether a moment of silence could suffice to protect everyone’s freedom of religion.
When public schools or government institutions promote any religion over another, remember that Madison didn’t agree with this initially, and he wouldn’t agree now.
Author’s note: Recognizing our First Amendment and freedom of religion has a long history with several milestones, you can find more resources about its development here - https://constitution.congress.gov/browse/amendment-1/. Hundreds of thousands of books have also been written on the subject of freedom of religion if you’d like to explore further.
[1] https://firstamendment.mtsu.edu/article/james-madison/
[2] https://teachingamericanhistory.org/resource/themes/religion-clauses/
[3] https://www.britannica.com/topic/Lemon-v-Kurtzman
[4] https://fedsoc.org/fedsoc-review/a-cord-of-three-strands-how-kennedy-v-bremerton-school-district-changed-free-exercise-establishment-and-free-speech-clause-doctrine
[5] https://www.forbes.com/sites/petergreene/2022/07/13/the-supreme-court-killed-a-fifty-year-old-test-for-church-and-state-separation-will-we-miss-it/
[6] https://www.justice.gov/archive/fbci/about.html
[7] https://en.wikipedia.org/wiki/White_House_Office_of_Faith-Based_and_Neighborhood_Partnerships
[8] https://www.whitehouse.gov/presidential-actions/2025/02/establishment-of-the-white-house-faith-office/