Originally Posted By: klydon1

For a government action violates the Establishment Clause one of the following must be present:

1. The Act must serve a secular, non-religious purpose;
2. The Act must not promote or inhibit religious practice;
3. The Act must not create an excessive entanglement with religion.

This test is from the USSC decision in Lemon v. _____ (the name escapes me).


Kurtzman, Kly. It's one of the primary Court decisions I have my students study.

The thrust of your post is correct. The establishment and free exercise clauses of the 1st amendment were a reaction to historical British efforts to establish the Anglican Church in the Colonies and, later, to preclude such sordid religious conflicts such as that exemplified by the history of Maryland.

Last edited by olivant; 05/21/13 12:17 PM.

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