How does the first amendment relate to the abortion issue?

First, while it is often used in conversations regarding the relationship between religion and government, the phrase “separation of church and state” does not appear in the first amendment of the constitution. The First Amendment (1) prohibits our government from establishing religion (the Establishment Clause) and (2) provides for the free exercise of religion (the Free Exercise Clause) except in instances where the practice of religion might adversely impact the public good.

The Establishment Clause does not preclude religious participation within state apparatus but protects the people from governmental establishment of religion. To put it differently, the Establishment Clause of the first amendment is in keeping with the desire to ensure that the United States remains a free, pluralistic society in which a diverse group of individuals interact. It ensures that the scope of the state’s authority is not exercised through manipulations in the religious realm.

The Lemon v. Kurtzman case of 1971 established one precedent for determining “establishment.” The case found that government support of religious schools was unconstitutional. The “Lemon test” is often used to guide the Supreme Court in evaluations of whether a law or governmental activity violates the establishment clause of the First Amendment by determining whether government conduct (1) has a secular purpose, (2) has a primary effect that does not advance or inhibit religion, and (3) cannot foster an excessive government entanglement with religion.

The establishment clause and the free exercise clause may be thought of as two sides of the same coin. Both protect citizens from governmental mandates in the religious realm. While the Establishment Clause precludes the government from mandating or manipulating policies, funds, etc., to privilege one religion over another, people are free to practice their religion to the extent that the public good is not jeopardized. For example, in 1944, the U. S. Supreme Court found that the state could force the inoculation of children whose parents were claiming religious exemption from such action in the interest of public health.

The first amendment defines a scope of authority for the political realm. The state exists to maintain order and ensure that no one group (religious or otherwise) begins to create a situation in which the broader citizenry may become unsafe. The state, however, cannot accomplish that ordering task by establishing a religion either through the proclamation of a state religion (e.g., Constantine proclaimed Christianity the religion of the realm) or through manipulations in the religious arena that would de facto create a state-established religion.