At the time of the creation of the Bill of Rights, efforts were made to continue the same government involvement with religion that was experienced under the colonial governments and which had continued under the Articles of Confederation. When the Bill of Rights was being debating in Congress, proponents of a limited establishment sought to incorporate into the First Amendment provisions that would prevent the establishment of a national denomination, but allow other types of federal establishments.
The Senate overwhelmingly rejected every such effort, requiring a broad interpretation of the Establishment Clause, as they did with the Free Exercise Clause. The founding fathers valued full civil and religious freedoms.
Both legislative bodies had opportunity to expressly limit the bar to preferential establishment, but refused. The First Amendment (Article III at the time) as adopted by the House was debated in the Senate in 1791, the following proceeding took place.
The resolve of the House of Representatives . . . was read, as followeth: “Article III Congress shall make no law establishing religion, or prohibiting the free exercise thereof; nor shall the rights of conscience be infringed.”
The Senate resumed the consideration of the resolve of the House of Representatives on the amendments the Constitution of the United States.
On motion to amend Article the third, and to strike out these words; “Religion, or prohibiting the free exercise thereof,: and insert “No religious sect or society in preference to others”:
The vote was in the negative
- - - - -
On motion to adopt the following, in lieu of the third article: “Congress shall make no law infringing the rights of conscience, or establishing any religious sect or society”:
The vote was in the negative
On motion to amend the third Article, to read thus: “Congress shall make no law establishing any particular denomination or religion in preference to another, or prohibiting the fee exercise thereof, nor shall the rights of conscience be infringed”
The vote was in the negative
On motion to adopt the third Article proposed in the resolve of the House of Representatives, amended by striking out these words, “Nor shall the rights of conscience be infringed”
The vote was in the negative
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Leo Pfeffer, specialist in the First Amendment law of church state relations, synthesized the purpose of the proposed changes as follows:
“Congress shall make no law establishing one religious Sect or society in preference to others, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed; {and:} Congress shall make no law establishing any particular denomination or religion in preference to another, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed.”
The refection of these more limited versions, each of which expressly and unambiguously spells out a narrow, non-preferentiality interpretation of the First Amendment, indicates that Congress did not intend such a narrow interpretation.
[1] Journal of Proceeding of the First Session of the United Sates Senate, pp. 63,67 (August 25, September 3, 1791)
[2] Leo Pfeffer, Church State and Freedom, (revised edition; Boston: The Beacon Press, 1967), pp. 158-159
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