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 North Dakota, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution prohibits the government from making any law 'respecting an establishment of religion, or prohibiting the free exercise thereof.' This means that North Dakota's government cannot promote or affiliate itself with any religion, nor can it interfere with an individual's right to practice their religion. The U.S. Supreme Court has interpreted this clause to require a balance between acknowledging the nation's religious heritage and maintaining a separation between church and state. This balance is reflected in various legal disputes, such as those involving prayer in public schools, religious displays on public property, and other actions that might suggest government endorsement of a particular religion. The courts apply different tests, such as the Lemon test or the endorsement test, to determine whether a government action violates the Establishment Clause. The state must navigate these legal principles to ensure that it neither promotes religion nor exhibits hostility towards it, thereby respecting the constitutional mandate for religious freedom and governmental neutrality in matters of faith.