Religion & the Law

Since the beginning of the Republic, there has been an almost continuous debate about the appropriate relationship between religion and government. The rules seem simple: the First Amendment of the U.S. Constitution charges the government with guaranteeing religious freedom while prohibiting it from advancing the interests of any one church or faith. Yet within this seemingly simple framework lurks a host of complexities and unanswered questions. How far can and should government go to accommodate individuals' religious practice? And to what extent can the state cooperate with religious institutions, for example by funding faith-based social service providers or displaying religious symbols on public property?

The Supreme Court has grappled with these and other questions, and has tried to set rules and draw boundaries. Indeed, in recent years, the high court has ruled on a host of church-state issues, including school prayer, state-funded vouchers for religious schools, state financing of theological education and the placement of Christmas crèches, Ten Commandments monuments and similar displays on public property. But observers across the political spectrum believe that, taken together, these Supreme Court decisions are, in many areas, confusing and sometimes even contradictory, with different standards, principles and tests being applied at different times.

Although the public sees a strong link between Christianity and the country's national identity, a July 2006 poll indicates that most Americans think citizen preferences should outweigh the Bible as an influence on American law. When asked which should have more influence over the laws of the country - the Bible or the will of the people, even when it conflicts with the Bible - most Americans (63%) say the people's will should have more sway. A significant minority (32%), however, believes the Bible should be more important.

The Pew Forum offers a variety of resources that examine the relationship between religion and the law, including reports, event transcripts, polling data and the latest news.

Resource Pages
Abortion
Right to Die
Intelligent Design
The Christmas Wars
Alito Nomination