Separation of Church and State

What Is Separation of Church and State

Separation of church and state is the principle that government in the United States does not sponsor or favor a religion, and does not punish people for how they worship. It comes from the First Amendment, which protects every faith and no faith by keeping religious choices with individuals, not officials. That is why a public school cannot lead your child in prayer, and also why it cannot stop your child from praying on their own.

Is Separation of Church and State in the Constitution?

The phrase is not in the Constitution, but the rule it describes is. The First Amendment opens with 16 words on religion: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Those two clauses are the legal source of everything on this page.

The words “separation between Church and State” are Thomas Jefferson’s. On January 1, 1802, President Jefferson answered a letter from the Danbury Baptist Association. He wrote that the First Amendment built “a wall of separation between Church & State,” because “religion is a matter which lies solely between Man & his God” (Library of Congress).

“The legitimate powers of government reach actions only, & not opinions.”

Thomas Jefferson, letter to the Danbury Baptist Association, January 1, 1802

The image was older than Jefferson. In 1644, Roger Williams, the founder of Rhode Island and of the first Baptist church in America, called for a “wall or hedge of separation” between the secular world and the church, because he believed mixing the two would corrupt both (Freedom Forum).

The Supreme Court adopted Jefferson’s image in 1947. In Everson v. Board of Education, Justice Hugo Black wrote that the First Amendment “has erected a wall between church and state,” a wall that “must be kept high and impregnable.” The same 5-4 decision still let New Jersey reimburse parents for busing children to Catholic schools. From the start, the courts treated the wall as a line to be drawn case by case, not a total barrier.

The Coach Who Prayed at the 50-Yard Line

Joseph Kennedy began coaching football at Bremerton High School, near Seattle, in 2008. After games, he knelt at the 50-yard line to pray. According to the school district’s findings, which Justice Sonia Sotomayor recounted in her dissent, most of the team eventually joined him. His postgame talks grew into what he called prayers, delivered while he held up players’ helmets and they knelt around him.

In September 2015, the district told him to stop leading prayers with students. Kennedy announced that he would pray after the October 16 homecoming game. When he knelt, coaches and players from the other team joined him, television cameras surrounded the group, and members of the public jumped fences and knocked over student band members to reach the field, the dissent records. After two more postgame prayers, the district put him on paid leave on October 28, and he did not return for the next season (Kennedy v. Bremerton).

In June 2022, the Supreme Court split 6-3 over what that scene meant. Justice Neil Gorsuch wrote for the majority that Kennedy “lost his job as a high school football coach because he knelt at midfield after games to offer a quiet prayer of thanks,” which the Free Exercise and Free Speech Clauses protect. The dissent quoted the district’s view that he was still on duty “under the stadium lights, with the audience still in attendance,” while students were still on the field in uniform.

The ruling reached far beyond one coach. The majority said courts must now read the Establishment Clause by “reference to historical practices and understandings,” and it confirmed that the Court had abandoned the Lemon test that governed these cases since 1971.

The Two Religion Clauses Pull in Different Directions

One clause keeps government from promoting religion. The other keeps it from restricting religion. Most hard cases sit where the two meet.

Both clauses originally limited only Congress. The Supreme Court applied the Free Exercise Clause to the states in 1940 and the Establishment Clause in 1947, through the 14th Amendment. That is why a state law or a school board can be sued under them today.

The Kennedy case shows how the two collide. The district believed that allowing a coach’s public, on-field prayer would look like the school endorsing religion, an Establishment Clause problem. Kennedy argued that punishing him restricted his own religious practice, a Free Exercise problem. The Court sided with the second reading.

How the Supreme Court’s Test Changed

For most of the last 80 years, the Court asked whether a law had a religious purpose or effect. Since 2022, it asks whether a practice fits the nation’s history. The rulings below mark that turn: school prayer struck in 1962, the Lemon test in 1971, the Kentucky Ten Commandments ruling in 1980, a split decision on displays in 2005, the history test in 2022, and the fights that followed.

1. 1947 Everson v. Board of Education The Court adopts Jefferson's "wall," yet upholds bus fares for Catholic school students, 5-4.
2. 1962 Engel v. Vitale A state-written prayer recited in public school classrooms is struck down, 6-1.
3. 1971 Lemon v. Kurtzman A three-part test asks about a law's purpose, its effect, and entanglement with religion.
4. 1980 Stone v. Graham Kentucky's law posting the Ten Commandments in every classroom is struck down, 5-4.
5. 2005 Van Orden v. Perry and McCreary County Same day, opposite results: a Texas Capitol monument stays, Kentucky courthouse displays go.
6. 2022 Kennedy v. Bremerton Lemon is abandoned. Courts now ask about "historical practices and understandings." (source)
7. 2025 Oklahoma religious charter school The Court splits 4-4, leaving a state ruling against the school in place with no national rule. (source)
8. 2026 Fifth Circuit upholds Texas law By 9-8, the court rules Stone no longer binds because Lemon is gone. (source)

Sources: Supreme Court opinions via Justia and supremecourt.gov; U.S. Court of Appeals for the Fifth Circuit.

Church-State Rulings That Set the Rules, 1947 to 2026: 1947: Everson v. Board of Education (The Court adopts Jefferson's "wall," yet upholds bus fares for Catholic school students, 5-4.). 1962: Engel v. Vitale (A state-written prayer recited in public school classrooms is struck down, 6-1.). 1971: Lemon v. Kurtzman (A three-part test asks about a law's purpose, its effect, and entanglement with religion.). 1980: Stone v. Graham (Kentucky's law posting the Ten Commandments in every classroom is struck down, 5-4.). 2005: Van Orden v. Perry and McCreary County (Same day, opposite results: a Texas Capitol monument stays, Kentucky courthouse displays go.). 2022: Kennedy v. Bremerton (Lemon is abandoned. Courts now ask about "historical practices and understandings."). 2025: Oklahoma religious charter school (The Court splits 4-4, leaving a state ruling against the school in place with no national rule.). 2026: Fifth Circuit upholds Texas law (By 9-8, the court rules Stone no longer binds because Lemon is gone.).

1947: In Everson, the Court adopted the wall metaphor and applied the Establishment Clause to the states.

1962: In Engel v. Vitale, it struck down a prayer New York officials wrote for students to recite each morning. A year later, it struck down school-led Bible reading.

1971: Lemon v. Kurtzman set a three-part test. A law had to have a secular purpose, could not mainly advance or inhibit religion, and could not entangle government with religion.

1980: In Stone v. Graham, the Court applied Lemon to strike down a Kentucky law requiring the Ten Commandments in every public school classroom. It found the law’s purpose was religious.

2005: On the same day, the Court upheld a Ten Commandments monument on the Texas Capitol grounds in Van Orden v. Perry and struck down courthouse displays in McCreary County v. ACLU. Context decided each one.

2022: Kennedy replaced Lemon with a history test. Justice Gorsuch wrote that the Court had “long ago abandoned Lemon.” Six days earlier, Carson v. Makin ruled that Maine could not exclude religious schools from a tuition program that paid for other private schools.

2025: In May, the Court split 4-4 over Oklahoma’s plan for a Catholic public charter school. Justice Amy Coney Barrett did not take part, so the Oklahoma Supreme Court’s ruling against the school stands but sets no national rule. In June, Mahmoud v. Taylor ruled that parents must be allowed to opt their children out of LGBTQ-themed storybook lessons that conflict with their faith.

2026: The Fifth Circuit upheld Texas’s classroom Ten Commandments law in April, holding that “with Lemon extracted, there is nothing left of Stone.”

What Public Schools Can and Cannot Do

The history test changed some answers, not all of them. A school still cannot lead prayer, but a staff member’s personal prayer is now more protected.

The Education Department’s February 2026 guidance on prayer in public schools matters for families on either side. Under federal law, every school district that receives federal K-12 money under the Elementary and Secondary Education Act must certify to its state, by October 1 each year, that no district policy blocks constitutionally protected prayer. By November 1, each state sends the Secretary of Education a list of districts that did not certify or that drew complaints.

When church-state questions come up at your child's school

Open the one closest to yours. This is general information from court rulings and federal guidance, not legal advice.

There is a Ten Commandments poster in my child's classroom

1. Check where your state stands in the status list below. Texas and Louisiana laws are in effect. Arkansas's law is blocked in six districts and on appeal.
2. Ask the school in writing whether teachers will refer to the poster in lessons. The Fifth Circuit said how a display is used can decide whether it is legal.
3. Contact Americans United or the Freedom From Religion Foundation to report it. Both track these laws and bring the lawsuits.

Status: in litigation. Families in Texas and a teacher in Louisiana have asked the Supreme Court to take up the laws.

A teacher or coach is leading students in prayer

1. Write down the date, who led the prayer, what was said, and whether students were expected to join.
2. Raise it with the principal in writing and keep a copy.
3. If the school does not act, report it to Americans United or the Freedom From Religion Foundation.

Engel v. Vitale and Lee v. Weisman bar school-sponsored prayer. The Education Department's 2026 guidance says employees may pray personally but may not pressure students to join.

My child was told they cannot pray on their own at school

1. Ask for the rule in writing. Students may pray during free time, such as lunch or recess, as long as they do not disrupt class.
2. Point the school to the Education Department's 2026 prayer guidance.
3. If the district keeps the rule, file a complaint with your state education agency. Federal law requires the state to report districts that draw complaints to the Secretary of Education.

The Free Exercise and Free Speech Clauses protect a student's own prayer. The ACLU also defends students' religious expression. See its religious freedom guide.

I want my child excused from a lesson that conflicts with our faith

1. Send the request in writing and name the lesson or materials.
2. Explain how the lesson conflicts with your family's religious teaching.
3. If the school says no, ask for the decision in writing and the policy it rests on.

Mahmoud v. Taylor (2025) requires opt-outs when instruction substantially interferes with the religious development of a family's children.

Where the Church-State Fights Stand in 2026

The biggest open question is whether a state can require the Ten Commandments in every classroom. Louisiana passed the first such law in 2024. Texas, Arkansas and Alabama followed. Tennessee’s 2026 law lets school boards post them without requiring it, and at least five districts voted to do so by August.

The courts have split. In February 2026, the full Fifth Circuit ruled 11-7 that the Louisiana challenge was premature, because the law leaves “the nature of the display” to local school boards and no one yet knew how the posters would be used (Roake v. Brumley). In April, the same court reached the merits in the Texas case and upheld the law 9-8. In Arkansas, U.S. District Judge Timothy Brooks permanently blocked that state’s law in six districts in March, writing that “nothing could possibly justify hanging the Ten Commandments” in “a calculus, chemistry, French, or woodworking class” (ACLU of Arkansas).

Where Each Church-State Fight Stands

As of October 6, 2026

• Texas classroom Ten Commandments law (S.B. 10) In litigation, law in effect

  The Fifth Circuit upheld it 9-8 on April 21, 2026. Families asked the Supreme Court to review it on August 17. (source)

• Louisiana classroom Ten Commandments law (H.B. 71) In litigation, law in effect

  The full Fifth Circuit vacated the injunction as premature, 11-7, on February 20, 2026. Teacher Chris Dier petitioned the Supreme Court on August 25. (source)

• Arkansas classroom Ten Commandments law (Act 573) Blocked by a court, in six districts

  Permanently blocked in six districts on March 16, 2026. The Eighth Circuit heard the state's appeal on September 22. (source)

• Alabama classroom display law Law, in effect

  Took effect October 1, 2026, the date the law set. (source)

• Religious public charter schools Final ruling, no national rule

  The Supreme Court split 4-4 on May 22, 2025, leaving Oklahoma's ruling against St. Isidore in place. (source)

• Church endorsements of candidates (Johnson Amendment) Law, still in force

  A federal judge dismissed the churches' case on March 31, 2026, so a proposed IRS consent judgment never took effect. Treasury plans guidance for houses of worship; none had been issued as of July 2026. (source)

• Free Speech Fairness Act (S. 1205, H.R. 2501) Proposal

  In committee since March 31, 2025. H.R. 2501 has 38 cosponsors, all Republicans. (source)

• Anti-Christian bias task force (EO 14202) Agency action

  Signed February 6, 2025. The Attorney General chairs a task force that reviews federal agencies for anti-Christian bias. (source)

Source: Fifth Circuit opinions; ACLU of Texas; SCOTUSblog; ACLU of Arkansas; UALR Public Radio; Supreme Court; Federal Register; govinfo bill status

Classroom scripture is not the only front. Texas education officials have moved Bible passages into required reading, which our brief on the Texas board’s mandatory Bible reading list covers. The fight over the Johnson Amendment, the 1954 tax rule that bars churches and charities from endorsing candidates, returns to Congress in the Free Speech Fairness Act, which the letter on this page asks your members to oppose.

The people these cases affect are families who do not share the chosen text. The Texas plaintiffs are, in the court’s words, “Texans of various religious backgrounds” with children in public schools. Louisiana teacher Chris Dier said of his petition that the state “cannot turn my classroom into a place to deliver its own religious message or make me the messenger who delivers it” (Louisiana Illuminator, via SCOTUSblog).

Most Americans Support Separation

Support for separation is broad, and it has limits in the classroom.

28%

27%

18%

14%

12%

• Strong separationist (28%)
• Moderate separationist (27%)
• Mixed views (18%)
• Integrationist (14%)
• No opinion (12%)

Source: Pew Research Center survey of U.S. adults, March 2021, published October 28, 2021. Categories come from answers to six questions on religion and government; figures do not add to 100 because of rounding.

The support has limits that matter in the school fights. In the same survey, 30% of adults said public school teachers should be allowed to lead students in Christian prayers, which the Supreme Court has barred since 1962, and 69% said the government should never declare an official religion (Pew Research). A 2022 Pew survey found 77% say houses of worship should not endorse candidates for office (Pew Research).

The Honest Disagreement

Two readings of the First Amendment compete, and judges on both sides have made their case in their own words.

The accommodationist reading holds that the Establishment Clause bans an official church, not every public acknowledgment of religion. Writing for the Fifth Circuit majority, Judge Kyle Duncan said founding-era establishments compelled attendance at an official church, punished dissenters, and exacted religious taxes, and that the Texas law does none of that: “It puts a poster on a classroom wall.” Justice Gorsuch wrote in Kennedy that “respect for religious expressions is indispensable to life in a free and diverse Republic.” James Hutson, then chief of the Library of Congress’s Manuscript Division, wrote in a 1998 essay that the letter has limited use in fixing the Constitution’s meaning, calling it “a partisan counterpunch” written “more than a decade after the First Amendment was composed” (Library of Congress).

The separationist reading holds that government may not use its power to put one faith’s message in front of a captive audience. Judge Irma Carrillo Ramirez, dissenting in the Texas case, wrote that “the Supreme Court long ago held that a statute nearly identical to S.B. 10 violates the Establishment Clause,” a precedent “which only it can overrule.” Justice Sotomayor warned in Kennedy that the ruling “does a disservice to schools and the young citizens they serve, as well as to our Nation’s longstanding commitment to the separation of church and state.”

The Texas and Louisiana appeals turn on what counts as pressure on a child and whether Stone, the 1980 precedent, still binds. As the Texas dissent noted, only the Supreme Court can overrule it.

What Separation Still Allows

Separation limits what government does. It does not remove religion from public life.

• Students can bring their faith to school. They can pray on their own, read religious texts in free time, and form religious clubs on the same terms as other clubs (Board of Education v. Mergens, 1990).
• Public officials can be people of faith. A lawmaker, teacher, or coach may pray personally and speak about their beliefs, as long as they do not use their office to pressure others.
• Legislatures can open with prayer. The Court upheld prayers before town board meetings in Town of Greece v. Galloway (2014), citing a practice as old as the First Congress.
• Churches can be tax-exempt. The Court upheld property tax exemptions for houses of worship in Walz v. Tax Commission (1970).
• Religious groups can share in neutral public programs. When a state funds private schools or grants, it generally cannot shut out religious applicants (Carson v. Makin, 2022). How those programs work, and what studies found, is covered in school vouchers and education savings accounts.

Frequently Asked Questions

Does the Bible say to separate church and state?

Not in those words. In Matthew 22:21, Jesus tells his questioners to “render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s.” The phrase came later: in 1644 Roger Williams, founder of Rhode Island and of the first Baptist church in America, called for a “wall or hedge of separation” between the secular world and the church, because he believed mixing the two would corrupt both.

Does separation of church and state apply to state governments?

Yes. The First Amendment first bound only Congress. The Supreme Court applied the Free Exercise Clause to the states in Cantwell v. Connecticut (1940) and the Establishment Clause in Everson (1947), through the 14th Amendment’s guarantee of liberty.

Can a pastor talk about politics from the pulpit?

Yes, on issues. A pastor can preach about abortion, immigration, or poverty. Under the Johnson Amendment, a tax-exempt church cannot endorse or oppose a candidate for office, and the IRS can revoke the exemption of one that does.

Can public schools teach about religion?

Yes. Schools can teach the history of religion, comparative religion, and the Bible as literature, as long as it is “presented objectively as part of a secular program of education.” The Court drew that line in Abington School District v. Schempp (1963).

When did the last state church end in the United States?

In 1833, when Massachusetts ended public support for its established churches. Several states kept official churches after the First Amendment was ratified, because it bound only the federal government until the 20th century.

What You Can Do

1. If your child’s school crosses the line in either direction, use the situation guide above first. Put every concern in writing to the principal and keep copies. A written record is what a lawyer or an advocacy group will ask for.

2. Use your state’s complaint process for prayer rights. If a district blocks protected prayer, complain to your state education agency. Federal law requires the state to list districts that draw complaints in its November 1 report to the U.S. Department of Education.

3. Report state-sponsored religion in public schools. Americans United and the Freedom From Religion Foundation take reports and have brought most of the Ten Commandments cases.

4. In Louisiana, go to your school board. The state’s law leaves the design of each display to local boards, which makes board meetings the place to weigh in on how the posters are used.

5. Ask your U.S. representative and senators to vote no on the Free Speech Fairness Act. H.R. 2501 and S. 1205 would let churches and other charities back candidates as part of their regular activities.

6. Send the letter below. It asks your members of Congress for one thing: keep the Johnson Amendment in place.