What I Have Learned About the Establishment Clause of the US Constitution
A more compressed version of the establishment clause.
"The `establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or remain away from church against his will or force to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa." Id., at 15-16.” Everson v. Board of Education of Ewing, 330 U. S. 1 (1947)
And breaking those out we find that neither a state nor the federal government can:
1.
set up a churches
2. pass laws which
aid one religion
3. pass laws which
aid all religions
4. pass laws which
prefer one religion over another
5.
force a person to
go to or remain away from church against his will
6.
influence a person
go to or to remain away from church against his will
7.
force a person to profess a
belief in any religion
8.
force a person to profess a
disbelief in any religion
9. no person can be
punished for entertaining religious beliefs
10. no person can be
punished for entertaining religious disbeliefs
11. no person can be
punished for professing beliefs
12. no person can be
punished for professing disbeliefs
13. no person can be
punished for church attendance
14. no person can be
punished for non-attendance
15.
No tax in any amount, large or small, can be levied to
support any religious activities whatever they may be called, or whatever form they may adopt
to teach religion
16.
No tax in any amount, large or small, can be levied to
support any institutions, whatever they may be called, or whatever form they may adopt
to practice religion
17. Neither a state nor the Federal Government can,
openly participate in the affairs of any
religious organizations or groups and vice versa
18. Neither a state nor the Federal Government can,
secretly, participate in the affairs of any
religious organizations or groups and vice versa
So this is a good starting point to determine if somebody is violating the establishment clause. There is no list of the criteria for the free exercise simply because you can’t know in every way how someone is going to practice their religion. Basically however they practice their religion as long as it does not not violate the establishment clause then it’s okay provided it does not violate any generally applicable laws or any laws specific to whatever you are doing. In other words human sacrifice and breaking other laws are not an acceptable way to practice religion.
It is also important in that it only applies to the government and not to disagreements with another persons religious beliefs/practices.
Copy of the Hypatain 21 Rules