Under the United States ConstitutionUnited States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
, the treatment of religion by the government is broken into two clauses: the establishment clause and the free exercise clause. While both are discussed in the context of the separation of church and state, it is more often discussed in regard to whether certain state actions would amount to an impermissible government establishment of religion.
The phrase was also mentioned in an eloquent letter written by President John TylerJohn TylerJohn Tyler, Jr. was the tenth President of the United States and the first to succeed to the office following the death of a predecessor....
on July 10, 1843.
The United States Supreme Court has referenced the separation of church and state metaphor more than 25 times, though not always fully embracing the principle. In ReynoldsReynolds v. United StatesReynolds v. United States, , was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment...
, the Court denied the free exercise claims of Mormons in the Utah territory who claimed polygamyPolygamyPolygamy is a form of polyamorous group marriage in which a person has more than one spouse at the same time. When a man has more than one wife, the relationship is called polygyny; and when a woman has more than one husband, it is called polyandry...
was an aspect of their religious freedom. The Court used the phrase again by Justice Hugo Black in 1947 in EversonEverson v. Board of EducationEverson v. Board of Education, 330 U.S. 1 was a landmark decision of the United States Supreme Court which applied the religion clauses in the country's Bill of Rights to state as well as federal law...
. The term has been used and defended heavily by the Court, but is not unanimously held. In a minority opinion in Wallace v. JaffreeWallace v. JaffreeWallace v. Jaffree, , was a United States Supreme Court case deciding on the issue of silent school prayer.An Alabama law authorized teachers to set aside one minute at the start of each day for a moment of "silent meditation or voluntary prayer," and sometimes the teacher of the classroom asked...
, Justice Rehnquist presented the view that the establishment clause was intended to protect local establishments of religion from federal interference.
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Justice Scalia has criticized the metaphor as a bulldozer removing religion from American public life.
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So denying polygamy for the Mormons tells us the State has taken the authority to meddle with churches.