/WAWL uhv sep-uh-RAY-shuhn bih-TWEEN CHURCh and STAYT/·phrase
Also known as:wall of separation · separation of church and state · establishment clause · Jefferson's wall
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional principle drawn from the First Amendment's religion clauses that bars government from establishing religion or interfering with its free exercise. The principle prevents official endorsement of religious doctrine or coercion of religious observance. It originated in Thomas Jefferson's description of the clauses as building a wall of separation between church and state.
Sources & Authorities· 7 primary sources
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Cases
Casebooks
How it applies
Common Examples
6
Entry Ban Upheld on Security Grounds
Winona Walsh, a foreign national from a majority-Muslim country, sought entry to the United States for pilot training. The President issued an order barring nationals from designated countries after intelligence reports flagged sabotage risks at airports. Walsh challenged the order as an improper religious preference. The court applied rational basis review and upheld the order because its stated national security purpose was rationally related to the restrictions.
University Funding for Student Publications
Wade Watson led a religious student group at a public university that published a newspaper discussing faith and ethics. The university denied funding under a policy excluding religious viewpoints. Watson sued, arguing the denial discriminated against religious speech. The court held that the university could not withhold generally available benefits solely because of the group's religious character.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Compulsory Flag Salute Challenged
Wesley Wong, a public school student whose faith prohibited saluting symbols, refused to recite the Pledge of Allegiance. The school board expelled him under a mandatory flag salute policy. Wong's parents sued, claiming the requirement forced religious conformity. The court ruled that the state could not compel affirmation of beliefs contrary to religious conscience.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
State Aid to Religious Schools
Warren Wu operated a religiously affiliated elementary school that received state funds for teacher salaries in secular subjects. A taxpayer group sued, alleging the payments advanced religion. The court examined whether the aid created excessive entanglement between government and religious institutions and whether it had a secular purpose and primary effect that neither advanced nor inhibited religion.
Lemon v. Kurtzman403 U.S. 602 (1971)
Local Ordinance Targeting Ritual Slaughter
Wanda Williams belonged to a religious group that performed animal sacrifice as part of worship ceremonies. The city enacted an ordinance banning ritual animal killing while permitting secular slaughter. Williams challenged the law as singling out religious conduct. The court struck down the ordinance because it targeted religious practice without a neutral, generally applicable justification.
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah508 U.S. 520, 113 S. Ct. 2217, 124 L. Ed. 2d 472 (1993)
Amish Exemption from School Attendance
Wren Wallace, an Amish parent, withdrew children from public high school after eighth grade to provide religious and vocational training at home. The state prosecuted under compulsory attendance laws. Wallace defended on free exercise grounds. The court granted an exemption because the state's interest in formal schooling was satisfied by the community's self-sufficient alternative education that aligned with sincere religious beliefs.
Wisconsin v. Yoder406 U.S. 205 (1972)
Common questions
Frequently Asked
5
What does the phrase wall of separation between Church and State describe?+
The phrase describes the First Amendment principle that government may neither establish religion nor prohibit its free exercise. It prevents official endorsement of religious doctrine and coercion of religious observance. The metaphor originated in Jefferson's 1802 letter interpreting the religion clauses.
Supporting sources
Does the wall of separation bar all government aid that reaches religious institutions?+
No. Neutral programs that provide benefits to individuals who then direct funds to religious schools through private choice do not violate the principle. Aid must have a secular purpose, a primary effect that neither advances nor inhibits religion, and must avoid excessive entanglement.
How does the principle apply to religious displays in public schools?+
Posting religious texts such as the Ten Commandments in classrooms violates the principle because the display carries an inherently religious purpose. Courts examine the actual character of the posting rather than any asserted secular justification such as teaching legal history.
Supporting sources
May a state exclude religious schools from generally available education funding programs?+
No. When a state creates a neutral program subsidizing private education, it cannot disqualify religious schools solely because of their religious character. Such exclusion burdens free exercise rights by conditioning benefits on abandoning religious status.
Supporting sources
Does the wall of separation require strict scrutiny for every law that incidentally burdens religion?+
No. Neutral and generally applicable laws that incidentally burden religious exercise receive rational basis review. Strict scrutiny applies only when a law targets religious conduct or is not neutral and generally applicable.
Supporting sources
, even though a release-time program permitting religious instruction on school grounds does violate the
Clause
? Compare Zorach v. Clauson , 343 U. S. 306 (1952), with Illinois ex rel.…
of the First Amendment. Dissenting opinions Dissenting opinion by Justice O’Connor I dissent from the Court’s opinion. The Court today strikes down RFRA as applied to the