Out of sync: The disconnect between constitutional clauses and state legislation on religion

This study examines the influence of constitutional clauses-which either establish religions (EOR) or separation of religion and state (SRAS)-on state religion policy as measured by the Religion and State (RAS) dataset's religious legislation variable for 166 states. The results show that, even when controlling for structural factors which have been shown to influence the level of religious legislation, constitutional clauses have a significant impact. However, this influence is small compared to structural factors and is limited to the presence or absence of EOR and SRAS clauses. The specific wording of these clauses has minimal, if any, impact on legislation. This study also finds that religious legislation is ubiquitous even in states with SRAS clauses in their constitutions.