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 Georgia, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution is the guiding legal principle that prevents the government from making laws 'respecting an establishment of religion, or prohibiting the free exercise thereof.' This means that while the state acknowledges the historical role of religion in American life, it must also maintain a separation between church and state. The U.S. Supreme Court has set forth a complex framework for evaluating Establishment Clause issues, which often involves a balancing act. The government is prohibited from coercing individuals to participate in religion or from endorsing a particular religion, yet it is not required to entirely ignore the nation's religious heritage. For example, while prayer in public schools is generally restricted, legislative bodies in Georgia may have prayers before sessions as long as they do not advance or disparage a particular faith. Similarly, religious symbols on public property are evaluated on a case-by-case basis, considering factors such as historical context and the potential for government endorsement of religion. An attorney can provide specific guidance on how these principles apply to particular situations in Georgia.