Need a detailed and long self explained description about the establishment of religion stated in the first amendment including the following aspects as well: -

a)      History of the establishment of religion amendment.

b)     When it was adopted

c)      The most court rulings on or about the establishment of religion

d)     What constitutional rights are being protected by this amendment of establishment of religion and should these rights continue to be protected and why?

Also include your personal perspectives on this amendment. 

 

Freedom of religion is protected by the First Amendment of the United States Constitution, which prohibits laws that establish a national religion or impedes the free exercise of religion for its citizens.

Further explanation has been given below.

Step-by-step explanation

The First Amendment to the United States Constitution was to prevent the government from making laws which regulates the establishment of religion, or the ones that would prohibit the free exercise of religion, along with other amendments.

The First Amendment to the United States Constitution commands the government not to have interest in theology or any ritual, it admonishes government to be interested allowing any religious freedom to flourish. The history of the First Amendment's Establishment clause, the Free exercise clause and the Supreme Court's own Constitutional jurisprudence in relation to these two clauses was explained in the case of Wallace v. Jaffree in 1985. The Supreme Court in this case noted that the power of the Congress and the states in order to restrain the people their freedoms that are protected by the First amendment are only limited to the same extent as provided under the amendment. 

a)   Freedom of religion is protected by the First Amendment of the United States Constitution, which prohibits laws that establish a national religion or impedes the free exercise of religion for its citizens. From the colonial era to present times, religion has played a major role in the politics of the United States. The First Amendment to the United States Constitution was to prevent the government from making laws which regulates the establishment of religion, or the ones that would prohibit the free exercise of religion, along with other amendments.

Religion in Colonial America:

American earlier was not a stronghold of religious freedom. In 1635, Roger Williams, a dissident of Puritan, was banned from Massachusetts. He then moved to south and founded the Rhode Island. And this island became the first colony with no established church and the first to grant religious freedom to everyone. In 1779, Thomas Jefferson, being the Virginia's Governor, drafted a bill that would guarantee religious freedom of Virginians of all faiths even including those people who did not followed any religion or who did not have any faith. But this bill couldn't however pass into law. Religion was mentioned for once in the United States Constitution. The Constitution prohibited the use of religious tests as qualification for the public office. Thus, this broke with the European tradition by allowing people of any faith or people of no faith to serve in public offices in the United States.

First Amendment:

James Madison, the Virginia statesman, in 1785, argued against state's support of Christian religious instructions. Madison went on to draft the First Amendment, that was part of the Bill of rights, that would provide constitutional protection for certain individual liberties which included freedom of religion, freedom of speech and the press, also the right to assemble and petition the government.

Further, congress did not define "an establishment of religion". At the time of framing of the amendment, only six states authorised establishment of religion. This amendment established a separation of church and state, which prohibited the federal government from making any law "respecting an establishment of religion". This amendment also prohibited the government, in most of the cases, from interfering with a person's religious belief and practices.

b)   The First Amendment was adopted on December 15, 1971.

c) Landmark Supreme court Cases:

1. Reynolds v. United States (1878)

The Supreme Court in the case of Reynolds, tested the limits of religious liberty by upholding a federal law that banned polygamy. The Supreme Court in this case further held that the First Amendment forbids the government from regulating any belief but not from actions such as marriage.

2. Braunfeld v. Brown (1961)

The Supreme Court in this case upheld a Pennsylvania law that required stores to close on Sundays, even though Orthodox Jews argued that this law was unfair to them as their religion required them to close their stores not only on Sundays but on Saturdays as well.

3. Sherbert v. Verner (1963)

The Supreme Court ruled in this case that the states could not require a person to abandon their religious beliefs in order to receive benefits. In this case Sherbert was fired for refusing to work on Saturdays. And when she applied for unemployment compensation, a South Caroline court denied her claim of compensation. Also, her claim of being denied her free exercise of religion was rejected by the court of South Caroline.

4. Lemon v. Kurtzman (1971)

The Supreme Court in 1971 decided this Lemon v. Kurtzman case which laid down the three tests for determining whether a particular government' act or policy unconstitutionally promotes religion.

The Lemon tests says that in order to be covered under the realm of constitutional, a policy must:

1. Have a non-religious purpose.

2. The policy should not end up promoting or favoring any set of religious beliefs

3. Thirdly. a policy that not overly involve the government with religion.

d) The First Amendment to the U.S Constitution prohibits or prevents the government from making any law which in any way regulate an establishment of religion or that would prohibit the free exercise of religion or abridge the freedom of speech of individual's, the freedom of press, the freedom of assembly or the right to petition the government for any redressal of grievances. In simple words, the First Amendment to the United States Constitution was to prevent the government from making laws which regulates the establishment of religion, or the ones that would prohibit the free exercise of religion, along with other amendments.

The First Amendment has two provisions which are concerned with religion:

1. The Establishment Clause and

2. The Free Exercise Clause.

The Establishment clause in simple words prohibits the government from "establishing" any religion in the state. However, in today time, what constitutes and establishment of religion is governed by the test set forth by the U.S. Supreme court in Lemon v. Kurtzman, 403 U.S. 602 (1971).

On the other hand, the free exercise clause protects citizens' rights to practice their religion or no religion at all. But so long as the practice does not run afoul of 'public moral'.

Thus, keeping all this in view, it is very nice important for every state to respect the religion of its citizens and not to favor any religion whatsoever. The government should treat each and every religion equally. This amendment and the rights protected under this amendment should continue to be protected as it provides the citizens of United States to follow the religion they want to without any fear or pressure. Also, this amendment prohibits the government to favor any religion or have religious belief for any particular religion which is a must in order to protect individual right to religion. Also, the other rights protected under this like the right to freedom of speech, press and to petition against the government, must be there in every state in order to ensure that the citizens are not under any pressure or fear to not to express their opinion and grievances against the government.

In my personal opinion, this amendment was a very good step. And the rights protected under this should continue to be protected in view of providing the citizens their right to follow the religion of their choice and to not follow any religion at all. This amendment has proved to be of very importance time and again as it provides for basic freedoms that are required and should be provided to every citizen.