Quiz #76 The Balance Between Free Exercise and Establishment Clause

If a State wants to create even greater separation between church and State than is already ensured under the U.S. Constitution is there any limitation on the State in doing this?   

 

(Scroll down for the answer)

 

Answer: Yes.  The State’s actions are limited by the Free Exercise clause.  Consider what the Supreme Court said in this regard in 2020. 

 

The Montana Supreme Court asserted that the no-aid provision serves Montana's interest in separating church and State “more fiercely” than the Federal Constitution.  393 Mont. at 467, 435 P.3d at 614. But “that interest cannot qualify as compelling” in the face of the infringement of free exercise here. Trinity Lutheran, 582 U.S., at ––––, 137 S.Ct., at 2024. A State's interest “in achieving greater separation of church and State than is already ensured under the Establishment Clause ... is limited by the Free Exercise Clause.” Ibid. (quoting Widmar v. Vincent, 454 U.S. 263, 276, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981)).

Espinoza v. Montana Dep't of Revenue, 207 L. Ed. 2d 679, 140 S. Ct. 2246, 2260 (2020).

 

Disclaimer: The Religion Law Quizzes are provided as a service to the bar. They are informal, non-binding hypothetical questions 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.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

 

Welcome to another episode of the Religion Law Podcast, hosted by Michael Fielding. This episode brings you Question 76 of our Religion Law Quiz series, exploring the extent of a state’s authority for imposing separation between church and state, beyond the parameters defined by the U.S. Constitution.

The episode discusses the Establishment Clause under the First Amendment, aimed at ensuring the separation between church and state and preventing any single religion from becoming the state religion. It addresses the question - can a state create an even more drastic separation between church and state, beyond the distance already defined by the Constitution? The answer to this is far more dynamic than a simple yes or no.

This deep dive intricately explores how the state's actions in this regard are indeed limited by the Free Exercise Clause of the Constitution. This phenomenon was highlighted in the Supreme Court's 2020 Espinoza decision, stating that a state's interest in achieving greater separation of church and state is limited by the Free Exercise Clause, demonstrating an inherent check and balance within the First Amendment itself.

Engagingly conveyed through the rubber band analogy, the podcast explains how the clauses work together to maintain balance. Just like the elasticity of a rubber band restricting the poles from going too far apart, these clauses subtly keep a check and balance between the free exercise and the establishment of religion.

The episode concludes with a contemplative commentary on the genius of the framers of the Constitution and how their understanding of human nature shaped distinct checks and balances. It signifies how the Constitution contributes to maintaining stability and fostering prosperity in the United States.

In the Religion Law Podcast, we aim to make complex legal concepts around religion accessible and engaging. Thank you for tuning in, and keep influencing for good.