The Establishment Clause in the First Amendment to the United States Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In applying the Establishment Clause to disputes ranging from prayer in schools and in state legislatures to monuments displaying the Ten Commandments or crosses on public grounds, the U.S. Supreme Court has acknowledged the strong role played by religion and religious traditions throughout our Nation's history—while recognizing that governmental intervention in religious matters can itself endanger religious freedom.

The Supreme Court described this balancing act: “Our institutions presuppose a Supreme Being, yet these institutions must not press religious observances upon their citizens. One face looks to the past in acknowledgment of our Nation's heritage, while the other looks to the present in demanding a separation between church and state. Reconciling these two faces requires that we neither abdicate our responsibility to maintain a division between church and state nor evince a hostility to religion by disabling the government from in some ways recognizing our religious heritage.”

In Delaware, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution prohibits the government from making any law 'respecting an establishment of religion, or prohibiting the free exercise thereof.' This means that Delaware must navigate the delicate balance between respecting religious traditions and ensuring a clear separation between church and state. The U.S. Supreme Court has set forth a framework for this balancing act, which requires that government actions neither promote nor inhibit religion. Delaware must adhere to this framework when dealing with issues such as religious displays on public property or religious activities within public schools. The state must ensure that its actions do not suggest an endorsement of religion, while also not appearing hostile to religious practices. This balance aims to preserve religious freedom without allowing government to become entangled with religious institutions or practices.