Tuesday, March 11, 2008

Homework due March 19

In Lemon v Kurtzman (1971), the unanimous court adopted the following test to be used in Establishment Clause cases. A law must meet all three of the following conditions; otherwise it violates the First Amendment:

1. the law must have a secular legislative purpose
2. the law’s primary effect must be one that neither advances nor inhibits religion
3. the law must not foster an excessive government entanglement with religion

Choose one of the two cases in the following posts, and, in the comments for that post, explain why you think the government action does or does not violate the Establishment Clause.

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