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 Vermont, 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 Vermont must navigate the delicate balance between respecting religious freedom and maintaining a separation between church and state. The U.S. Supreme Court has set forth a framework for this balancing act, acknowledging the historical role of religion in the nation while cautioning against government actions that could be seen as endorsing or promoting religious observances. Vermont must adhere to these principles, ensuring that while it may recognize the religious heritage of the country, it does not impose religious practices or beliefs on its citizens. This includes careful consideration of religious symbols on public grounds and the role of prayer in public institutions. The state must neither show hostility towards religion nor allow its government to become entangled with religious institutions in a way that could be interpreted as an establishment of religion.