Hugo Black

(1886-1971)

U.S. Supreme Court Justice

1. The establishment of religion clause of the First Amendment means at least this: neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion. [Majority opinion Emerson v. Board of Education 330 U.S. 1 (1947)]
   
   
   
2. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or nonattendance. [Majority opinion Emerson v. Board of Education 330 U.S. 1 (1947)]
   
   
   
3. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. [Majority opinion in Emerson v. Board of Education, 330 U.S. 1 (1947)]
   
   
   
4. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between church and state.' [Majority opinion in Emerson v. Board of Education, 330 U.S. 1 (1947)]
   
   
   
5. The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. [Majority opinion in Emerson v. Board of Education, 330 U.S. 1 (1947), last words]
   
   
   
6. Its first and most immediate purpose rested on the belief that a union of government and religion tends to destroy government and degrade religion. [On the Establishment Clause of the 1st Amendment]
   
   
   
7. [The First Amendment] requires the state to be a neutral in its relations with groups of believers and non-believers. [Lead opinion, Everson v. Board of Education, 330 US 1 (1947)]
   
   
   
8. In efforts to force loyalty to whatever religious group happened to be on top in league with the government of a particular time and place, men and women had been fined, cast in jail, cruelly tortured, and killed. Among the offenses, for which these punishments were inflicted were such things as speaking disrespectfully of th views of ministers of government-established churches, nonattendance at those churches, expressions of nonbelief in their doctrines, and failure to pay taxes and tithes to support them. [Emerson v. Board of Education]
   
   
   
9. We repeat and again reaffirm that neither a state nor the federal government can constitutionally force a person 'to profess a belief or disbelief in any religion.' Neither can constitutionally pass laws or impose requirements which aid religions as against nonbelievers... [Torcaso v. Watkins, 1961]

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