Annotation Show Primary Holding The test for determining whether a law meets the requirements of the Establishment Clause is whether it has a legitimate secular purpose, does not have the primary effect of either advancing or inhibiting religion, and does not result in an excessive entanglement of government and religion. Facts Under the Nonpublic Elementary and Secondary Education Act, Pennsylvania gave the Superintendent of Public Schools the authority to allocate state funds for textbooks, educational materials, and teacher salaries in private schools. Most of these private schools happened to be Catholic institutions. However, the law was carefully written to require that the salaries of teachers could be augmented only if they taught the same courses as those offered in public schools, used the same materials, and refrained from teaching courses in religion. In reality, the only beneficiaries of the extra funding were teachers at Catholic schools, which constituted 95 percent of the state's total private schools, which in turn comprised 25 percent of all elementary schools in the state. In Rhode Island, a similar law known as the Salary Supplement Act designated government money to provide salary supplements of 15 percent for teachers at private schools. Most of these institutions also were Catholic. The First Circuit had ruled against the Rhode Island law under the First Amendment. Opinions Majority
Describing the prong of the Lemon test that concerns excessive government entanglement with religion, Burger recommended that courts consider factors such as the nature of the government assistance, the character and purpose of the institution receiving the assistance, and the relationship that resulted between the government and the religious authority. All three of the prongs in the test, which are listed in the Primary Holding above, must be satisfied for a law to survive a challenge under the Establishment Clause. In this situation, Burger pointed out that private and parochial schools were essentially synonymous in the state and that the Catholic Church viewed its educational program as a central part of its religious mission. Viewing the cumulative effect of the relationship between the state and the Catholic Church created by this law, he found that there was excessive entanglement between government and religion. Once he made this finding, the law would be unconstitutional whether or not it passed the other prongs of the test. Concurrence
Concurrence
Concurrence/Dissent In Part
Case Commentary The Supreme Court held that the founders clearly intended to prevent the state from any type of sponsorship, financial support, or involvement in religious activities, which verged too closely on establishing a state religion. While the Lemon test has been challenged early in the 21st century, the Court continues to use it as the principal tool of Establishment Clause analysis. A few current Justices, such as Clarence Thomas and Antonin Scalia, have been skeptical about its appropriateness. Definition"Lemon" Test — this three-part test is commonly used to determine whether a government's treatment of a religious institution constitutes "establishment of a religion" (which is prohibited under the establishment clause of the First Amendment). Under the "Lemon test," named after the Lemon v. Kurtzman, 403 U.S. 602, 91 S. Ct. 2105 (1971), case, a government can only assist a religion if (1) the primary purpose of the assistance is secular; (2) the assistance does not promote or inhibit religion; and (3) there is no "excessive entanglement" between church and state. Related ProductsProfessional Liability Main content The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment clause prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often governed under the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971). Under the "Lemon" test, government can assist religion only if (1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state. The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest. For instance, in Prince v. Massachusetts, 321 U.S. 158 (1944), the Supreme Court held that a state could force the inoculation of children whose parents would not allow such action for religious reasons. The Court held that the state had an overriding interest in protecting public health and safety. Sometimes the Establishment Clause and the Free Exercise Clause come into conflict. The federal courts help to resolve such conflicts, with the Supreme Court being the ultimate arbiter. Check out similar cases related to Engel v. Vitale that deal with religion in schools and the Establishment Clause of the First Amendment. DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation. What does the Lemon test evaluate?Under the "Lemon" test, government can assist religion only if (1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state.
What is the Lemon test used to determine quizlet?The purpose of the Lemon test is to determine when a law has the effect of establishing religion. The test has served as the foundation for many of the Court's post-1971 establishment clause rulings.
What are the 3 components of the Lemon test?To pass this test, thereby allowing the display or motto to remain, the government conduct (1) must have a secular purpose, (2) must have a principal or primary effect that does not advance or inhibit religion, and (3) cannot foster an excessive government entanglement with religion.
What are the three parts of the Lemon test quizlet?What are three elements of the lemon test? 1) The purpose of the aid must not be religious. 2) Its primary effect can't advance or inhibit religion. 3) Must avoid "excessive entanglement of government with religion."
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