Before 1954, “there were no restrictions on what churches could or couldn’t do with regard to speech about government and voting, excepting only a 1934 law preventing nonprofits from using a substantial part of their resources to lobby for legislation.”


Religion in the original Constitution

Religion makes only one direct and obvious appearance in the original Constitution that seems to point to a desire for some degree of religious freedom. That appearance is in Article 6, at the end of the third clause:

[N]o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

This statement is simple and straight-forward, and applies to all offices in the entire United States, both state and federal. The clause simply means that no public position can be required to be held by any one of any religious denomination.

It would be unconstitutional for there to be a requirement that the President by Lutheran, or even for the mayor of a small town to be Christian. Likewise, it would be unconstitutional for a law to forbid a Jew or Muslim from holding any office in any governmental jurisdiction in the United States.


(This having been said, it should be noted that several state constitutions do have a religious test — specifically, they deny office to anyone unwilling to acknowledge God or a Supreme Being.)