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 Oregon, as in all states, the Establishment Clause of the First Amendment to the U.S. Constitution is the guiding legal principle for issues concerning the separation of church and state. This clause ensures that the government cannot make laws that establish an official religion or prefer one religion over another, nor can it enact laws that unduly interfere with the free exercise of religion. The U.S. Supreme Court has interpreted the Establishment Clause to require a balance between acknowledging the nation's religious heritage and maintaining a clear separation between government and religion. This means that while religious symbols and traditions may be recognized by the state to some extent, Oregon must ensure that its laws and practices do not promote or affiliate the government with any particular faith or religious practice. This balance is delicate and often results in legal challenges where the state must navigate between respecting religious freedom and avoiding the endorsement of religion. Attorneys in Oregon may be called upon to interpret and apply these constitutional principles in various contexts, including public displays of religious symbols, religious activities in public schools, and the involvement of religious organizations in state-funded programs.