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 Kansas, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution is the guiding principle for matters involving the separation of church and state. This clause prevents the government from making laws that establish an official religion or favor one religion over another, as well as laws that prohibit the free exercise of religion. The U.S. Supreme Court has interpreted this clause through various rulings, establishing a complex jurisprudence that seeks to balance respect for religious heritage with the need to maintain a secular government. This balance is reflected in decisions regarding religious symbols on public property and prayer in public schools or government meetings. Kansas state courts and lawmakers must adhere to these constitutional principles and Supreme Court precedents when addressing issues related to the Establishment Clause. The state must neither promote religious practices nor exhibit hostility towards religion, ensuring that government does not compel religious observances while also acknowledging the nation's religious heritage.