Three Part Test Essay: Lemon V. Kurtzman

Lemon v. Kurtzman case was a landmark court event that remains the most significant ruling concerning the separation of state with religion. In this particular case, the Supreme Court rules that the state had violated the Establishment Clause that prohibits Congress from making any law that supports a particular religion or prohibits its practice. The case involved the question of whether it was constitutional for the Superintendent of Public Schools to reimburse salaries to teachers who taught in Catholic elementary schools. The Court ruled that this policy was unconstitutional. The ruling developed a three part test that helps to determine whether a government policy violates the Establishment Clause. This test has is also called the Lemon Test after the case’s plaintiff Alton Lemon (Broida, 2018).

The first question to ask in this test is whether the proposed policy or law has a clear motive in advancing the state’s secular ideals. Therefore, the policy must avoid the establishment of a state religion. Secondly, the test determines whether the law will support a particular religion or inhibit its observance. The constitution gave American citizens a right to religion, but prohibited the state to support a particular religious doctrine. Thus, this part of the test strongly examines this constitutional provision. The third part of the tests if the law, policy, statute, or directive creates any form of entanglement between the state and religion (Broida, 2018). In other words, this part of the test screens all laws coming from the government for their support of state involvement in any religious activity. For example, if a legislation allows a certain religious sect to operate on condition that it propagates the government agenda, this law will fail the third test, also called the Entanglement Prong. 

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