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 Minnesota, 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 that establish an official religion or prefer one religion over another. It also prohibits the government from unduly interfering with the free exercise of religion. The U.S. Supreme Court has interpreted the Establishment Clause to require a balance between respecting the nation's religious heritage and maintaining a separation between church and state. This means that while religious expressions like prayers in schools or religious symbols on public grounds are sometimes permissible, they must not be coercive or represent a government endorsement of religion. Minnesota state courts and legislatures work within this constitutional framework to ensure that state and local laws comply with the Supreme Court's interpretations of the Establishment Clause. This includes careful consideration of religious displays and practices within public institutions to avoid the perception of government-sanctioned religion, while also acknowledging the historical role of religion in society.