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 Mexico, 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 Mexico's government cannot establish an official religion nor can it unduly interfere with the religious practices of its citizens. The U.S. Supreme Court has interpreted the Establishment Clause to require a balance between acknowledging the nation's religious heritage and maintaining a separation of church and state. This has led to various rulings that affect how religion interacts with public life, including decisions on prayer in public schools, religious displays on public property, and other matters where government and religion intersect. The state must navigate these issues carefully, ensuring that it does not promote or endorse a particular religion while also not appearing hostile to religious expression. The specific applications of the Establishment Clause can vary case by case, and any disputes in New Mexico would be resolved in light of Supreme Court precedents and the particular facts at issue.