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 Hawaii, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution is the guiding legal principle for issues concerning the separation of church and state. This clause ensures that the government does not endorse or establish a state religion, nor does it interfere with individuals' rights to practice their religion freely. The U.S. Supreme Court has interpreted the Establishment Clause to require a balance between acknowledging the nation's religious heritage and maintaining a clear separation between government and religion. This means that while religious symbols and traditions may be recognized to some extent due to their historical significance, the government must avoid actions that could be perceived as promoting or endorsing a particular religion. In Hawaii, any state action or legislation involving religious matters would be examined under this constitutional framework to ensure that it does not violate the Establishment Clause. This includes, but is not limited to, religious displays on public property, prayer in public schools, and the involvement of religious considerations in government proceedings.