by Roger Prather

Created on: November 21, 2008

Thomas Jefferson, in an 1802 letter to the Danbury Baptist Association, referred to the First Amendment as having "[built] a wall of separation between church and state." This constitutional doctrine is one of the bedrocks of American freedom. However, for many secular-minded voters, it is a common misconception that this amendment was somehow designed to prevent religious people from influencing the government. On the contrary, the First Amendment's purpose is to prevent governmental restrictions on (among other things) religion. So, in fact, it is the design of the First Amendment to prevent government from influencing religion.

Perhaps the best place to start is with the First Amendment itself: "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."

The first clause of the amendment, the Establishment Clause, is that congress may not legislate "respecting an establishment of religion." In first amendment jurisprudence, this has been interpreted to mean that the national and state governments may not establish a state-sponsored religion or prefer one religion to another, or prefer religion to non-religion. As Justice Souter wrote in Board of Education of Kiryas Joel Village School District v. Grumet, "government should not prefer one religion to another, or religion to irreligion."

Secondly, the First Amendment prevents congress from regulating the "free exercise" of religion. The Supreme Court's interpretation of this clause has gone back and forth over the years. Originally, the court held that governments, in order to restrict any religious practice, must show a compelling interest why the activity must be restricted. Currently, the standard is that government actions are constitutional so long as they are neutral regarding religion. In either case, it is clear from the text that government may not unduly restrict the practice of anyone's religious beliefs.

Next, the First Amendment goes on to protect Americans' freedoms of speech, press, peaceable assembly, and petitioning the government. In other words, Americans are allowed to express themselves openly, to publish or broadcast their opinions, assemble with others regarding opinions, and they may attempt to influence the government regarding those opinons. This area of First Amendment law

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