The First Amendment’s Establishment Clause is supposed to keep religion out of government—but in practice, that line is anything but clear. In this episode of Hotel Bar Sessions, Rick, Leigh, and Devonya dig into the philosophical and legal complexities of the Establishment Clause, exploring its historical origins, its shifting interpretation in U.S. law, and the many ways in which religion and politics remain entangled. From Supreme Court decisions on school prayer and religious displays to the rise of Christian nationalism, the hosts examine how the separation of church and state is being tested today.

But does neutrality toward religion always mean excluding it? And when does defending secularism risk infringing on religious freedoms? The hosts wrestle with the paradoxes at the heart of the Establishment Clause, questioning whether the U.S. has ever really been a secular state and what’s at stake when government policies favor—or suppress—religion. With sharp analysis, historical insight, and a few irreverent laughs, they ask: is the wall between church and state holding, or is it crumbling before our eyes?

References & Further Reading:

Philosophy, Law & History:

• John Locke, A Letter Concerning Toleration (1689) – on religious toleration and government neutrality
• Thomas Jefferson, Letter to the Danbury Baptists (1802) – the origin of the phrase “wall of separation between church and state”
• James Madison, Memorial and Remonstrance Against Religious Assessments (1785) – an argument against government support of religion
• Everson v. Board of Education, 330 U.S. 1 (1947) – the case that first applied the Establishment Clause to state governments
• Lemon v. Kurtzman, 403 U.S. 602 (1971) – established the “Lemon Test” for determining violations of the Establishment Clause
• Engel v. Vitale, 370 U.S. 421 (1962) – ruled that state-sponsored school prayer is unconstitutional
• Kennedy v. Bremerton School District, 597 U.S. ___ (2022) – recent case challenging the boundaries of public prayer in schools
• Mark Noll, America’s God: From Jonathan Edwards to Abraham Lincoln (2002) – on the historical entanglement of Christianity and American politics

Politics & Current Event:

• Christian Nationalism in the U.S. – NPR analysis on its rise and influenceReligious Freedom vs. Establishment Clause Cases – The Pew Research Center on major court rulings

• State Laws on Religious Displays – ACLU guide to church-state separation issues

Pop Culture & Media:

• The Satanic Temple’s Legal Battles – Rolling Stone profile on using the Establishment Clause to challenge Christian dominance
• The “War on Christmas” Debate – The Atlantic on political rhetoric around public religious expression
• John Oliver on Church Tax Exemptions – Last Week Tonight segment on religious institutions and tax law