First Amendment To The United States Constitution - Establishment of Religion

Establishment of Religion

Originally, the First Amendment applied only to the federal government. A number of the states effectively had established churches when the First Amendment was ratified, with some remaining into the early nineteenth century.

Subsequently, Everson v. Board of Education (1947) incorporated the Establishment Clause (i.e., made it apply against the states). However, it was not until the middle to late twentieth century that the Supreme Court began to interpret the Establishment and Free Exercise Clauses in such a manner as to restrict the promotion of religion by the states. In the Board of Education of Kiryas Joel Village School District v. Grumet, Justice David Souter, writing for the majority, concluded that "government should not prefer one religion to another, or religion to irreligion."