Does the Establishment Clause apply to other branches of the federal government besides Congress?
Yes, the Establishment Clause restricts the legislative, executive, and judicial branches of government. Q: What about state and local governments? They, too, are subject to the restriction against laws respecting an establishment of religion. The Due Process Clause of the Fourteenth Amendment, which provides that no person may be deprived of “life liberty or property without due process of law,” has been interpreted as applying the religion clauses to state and local governments. Q: There is much debate over the meaning of “an establishment of religion.” … [“separationist” vs. nonseparationist” debate omitted] … The more likely meaning is that an establishment of religion refers to the endorsement of either a single religion or religion generally. According to this point of view, government should be neutral in matters of religion, preferring neither one religion over another nor religion over irreligion… Obviously, the framers were aware that in eighteenth-century America “an e
