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 Oklahoma, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution is the guiding principle for issues related to the separation of church and state. This clause prevents the government from making laws that establish an official religion or prefer one religion over another, while also prohibiting the government from interfering with an individual's freedom to practice their religion. The U.S. Supreme Court has interpreted this clause through various rulings, establishing a complex legal framework that seeks to balance respect for religious heritage with the need to maintain a secular government. This balance is evident in cases involving religious symbols on public property and prayer in public schools or government meetings. The Court has often used tests such as the 'Lemon test' from Lemon v. Kurtzman, which examines the purpose and effect of a governmental action related to religion, and whether it results in an 'excessive government entanglement' with religion. In Oklahoma, state statutes and decisions by state courts must comply with these constitutional principles and the interpretations provided by the Supreme Court, ensuring that while religious traditions are acknowledged, there is no governmental imposition of religious practices on citizens.