Separation of Church and State Law & Legal Definition
Separation of church and state is a concept based in the Establishment Clause, found in the First Amendment of the U.S. Constitution. The Establishment Clause was extended to apply to the states through the Fouteenth Amendment, and prohibits laws dealing with the establishment of religion. Neither the state or federal government may enact laws which aid one or all religions, or give a preference to one religion over another. The Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion.
Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited. There is often tension between application of the Establishment Clause and the Free Exercise Clause, which protects the exercise of religious freedom. Common issues involving the Establishment Clause involve the inclusion of religious symbols in public holiday displays and school prayer, among others.
Legal Definitions
Search Definitions
Get a Term Defined
- Request a legal definition! Submit a term you need defined.
- » Request Legal Definition
Submit a Definition
- Submit a Definition Help us build our database. Free listings for attorneys.
- » Submit a Definition
Help Build USLegal
- Join our Team and help build USLegal. Many opportunities for participation so Join our Network.
Build USLegal
Read a Law Digest
- Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
Go to Law Digest
Form Packages
- Select from our most popular legal form packages.
- » Bankruptcy
- » Contract for Deed
- » Divorce
- » Employment Packages
- » Home Sales
- » Incorporation
- » LLC Formation
- » Landlord Tenant
- » Mutual Wills
- » Name Change
- » Personal Planning
- » Partnerships
- » View All Packages
Legal Life
- Organize your legal life today! View our free online guide to creating a Life Documents File and related products.
- » Life Documents File
- » Personal Planning Package
- » Life Documents Packages
- » New Parents
- » Newlyweds
- » Baby Boomers
- » Military
- » Other
Form Drafting
- Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
Submit a drafting request...
