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 New Jersey, 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 New Jersey's government cannot establish an official religion nor can it unduly interfere with individuals' freedom to practice their religion. The U.S. Supreme Court has interpreted this clause to require a separation of church and state, but it has also recognized the historical role of religion in American life. In practice, this has led to a complex balancing act where the state must avoid both the endorsement of religion and the appearance of hostility towards it. This balance is reflected in various legal disputes, such as those involving prayer in public schools, religious displays on public property, and the inclusion of religious symbols in government ceremonies or monuments. New Jersey must navigate these issues in accordance with Supreme Court precedents, which seek to maintain a neutral stance on religion while acknowledging its significance in American culture and history.