Difference between revisions of "Lemon v. Kurtzman"

Revision as of 02:28, May 29, 2008

Gay Pride!!!

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-{{caselaw|Lemon vs. Kurtzman|403 U.S. 602|1971}}
+'''''Gay Pride!!!'''''
-'''''Lemon v. Kurtzman''''' (1971) was a landmark, [[Supreme Court]] decision marking a victory for the [[liberal]] interpretation of [[separation of church and state]]. The decision established a test called the "Lemon Test" which was used to determine whether or not federal funds could be appropriated to be spent at a Catholic or other parochial school.
-Under the "Lemon Test," to pass constitutional muster as a law that does not violate the [[Establishment Clause]], a law must:
-# Have a legitimate secular purpose, and,
-# Not have the primary effect of either inhibiting or advancing religion, and,
-# Not promote excessive entanglement between church & state.
-Any law can be invalidated on any one of the above three requirements of the Lemon Test.
-In practice the ruling has been applied to impose a test for [[separation of church and state]] under the [[First Amendment]] that is hostile to almost any religious expression on [[government]] property.
-The "Lemon Test" was the one applied to invalidate the Dover School Board's [[intelligent design]] policy in ''[[Kitzmiller v. Dover Independent School District]].''