Establishment Clause

Front 1

Language of first amendment

Back 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Front 2

Religious Officials language

Back 2

No religious test shall ever be required as a qualification to any office or public trust under the United States.

Front 3

Court's factors in determining whether a practice is religious

Back 3

1. Sincerely held belief doesn't necessarily have to be based on a higher being.
2. Sincerity of belief is important. Accuracy of the belief is not.
3. It is not necessary that all members of the religion share the belief in question.

Front 4

Three approaches to the Establishment Clause

Back 4

1. Strict Separation - State must remain totally secular. Jeffersonian "wall of separation."
2. Neutrality - The state must minimize the extent to which it encourages or discourages religion. "The gov.t cannot make some people feel like outsiders."
3. Accommodation/Equality - State may acknowledge the importance of religion and accommodate its presence in government.

Front 5

Establishment Clause Neutrality Test

Back 5

Has the state endorsed religion?
1. What is the purpose of the state action?
2. How will state action be perceived by an outside observer?

Front 6

Establishment Clause Analysis

Back 6

1. If the law overtly discriminates in favor of one religion or another, it violates the establishment clause.
2. Absent overt discrimination, use the Lemon Test

Front 7

Lemon Test

Back 7

The Law must:
1. Have a secular legislative purpose, and
2. Have a primary effect that is neither to advance or inhibit religion (neutral observer), and
3. Not foster excessive government entanglement with religion.

Front 8

Analysis for state-aid to religious schools

Back 8

1. Is the aid available to all schools
2. Is the aid provided to the students or the schools
3. Is the aid for religious instruction