Difference between revisions of "Lemon v. Kurtzman"
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{{caselaw|Lemon vs. Kurtzman|403 U.S. 602|1971}} | {{caselaw|Lemon vs. Kurtzman|403 U.S. 602|1971}} | ||
− | '''Lemon | + | '''Lemon vs. Kurtzman''' (1971) was a landmark [[Supreme Court]] case iterating a strong test for [[separation of church and state]] under the [[First Amendment]]. |
Under the "Lemon Test," to pass constitutional muster as a law that does not violate the [[Establishment Clause]], a law must: | Under the "Lemon Test," to pass constitutional muster as a law that does not violate the [[Establishment Clause]], a law must: | ||
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# Not have the primary effect of either inhibiting or advancing religion, and, | # Not have the primary effect of either inhibiting or advancing religion, and, | ||
# Not promote excessive entanglement between church & state. | # Not promote excessive entanglement between church & state. | ||
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The "Lemon Test" was the one applied to invalidate the Dover School Board's [[intelligent design]] policy in ''[[Kitzmiller v. Dover Independent School District]].'' | The "Lemon Test" was the one applied to invalidate the Dover School Board's [[intelligent design]] policy in ''[[Kitzmiller v. Dover Independent School District]].'' |
Revision as of 03:54, August 6, 2007
Lemon vs. Kurtzman (1971) was a landmark Supreme Court case iterating a strong test for separation of church and state under the First Amendment.
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.
The "Lemon Test" was the one applied to invalidate the Dover School Board's intelligent design policy in Kitzmiller v. Dover Independent School District.