Religion Law Quiz #22 (Establishment Clause Limitation)

What limitation is imposed when a state wants to impose an even greater separation of church and State than that ensured under the Establishment Clause? 

 

(Scroll down for the answer)

 

 

 

 

 

Answer: The Free Exercise Clause of the First Amendment.  Here's what the Supreme Court said about that in 2017:

 

"As we said when considering Missouri’s same policy preference on a prior occasion, the state interest asserted here—in achieving greater separation of church and State than is already ensured under the Establishment Clause of the Federal Constitution—is limited by the Free Exercise Clause.'"  Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S.Ct. 2012, 2024 (2017) (citing Widmar v. Vincent, 454 U.S. 263, 276 (1981)). 

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.