Difference between revisions of "Lemon v. Kurtzman"

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(removed liberal bias)
(There was no liberal bias)
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{{caselaw|Lemon vs. Kurtzman|403 U.S. 602|1971}}
 
{{caselaw|Lemon vs. Kurtzman|403 U.S. 602|1971}}
  
'''Lemon v. Kurtzman''' (1971) was a landmark, [[liberal]] [[Supreme Court]] decision imposing a test for [[separation of church and state]] under the [[First Amendment]] that is hostile to almost any religious expression on [[government]] property.
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'''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.
 
Any law can be invalidated on any one of the above three requirements of the Lemon Test.
 
  
 
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
403 U.S. 602
Decided: 1971

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:

  1. Have a legitimate secular purpose, and,
  2. Not have the primary effect of either inhibiting or advancing religion, and,
  3. 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.