Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Civil Rights Act's exemption of religious organizations from the prohibition against religious discrimination in employment1 does not violate the Establishment Clause when applied to a religious organization’s secular, nonprofit activities. In Corporation of the Presiding Bishop v. Amos,2 the Court held that a church-run gymnasium operated as a nonprofit facility open to the public could require that its employees be church members. Declaring that
there is ample room for accommodation of religion under the Establishment Clause,3 the Court identified a legitimate purpose in freeing a religious organization from the burden of predicting which of its activities a court will consider to be secular and which religious. The rule applying across-the-board to nonprofit activities and thereby
avoid[ing] . . . intrusive inquiry into religious belief also serves to lessen entanglement of church and state.4 The exemption itself does not have a principal effect of advancing religion, the Court concluded, but merely allows churches to advance religion.5