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 Maryland, 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. The Clause prohibits the government from making any law 'respecting an establishment of religion, or prohibiting the free exercise thereof,' thereby mandating a balance between religious freedom and governmental non-interference in religious matters. The U.S. Supreme Court has interpreted this to mean that while the government may acknowledge the historical role of religion in the nation's heritage, it must not compel or endorse religious practices. This has led to rulings that affect how religious symbols and practices are treated on public grounds and in public institutions in Maryland. For example, the presence of religious monuments on public property or prayer in public schools must be carefully scrutinized to ensure that the government is not seen as endorsing a particular religion or religious viewpoint. Maryland state courts and legislators must navigate this complex area of law by adhering to the precedents set by the Supreme Court, ensuring that any state statutes or local ordinances comply with the constitutional mandate for separation of church and state while respecting religious traditions.