Freedom of Religion and The Establishment Clause Interactions
The Establishment
Clause is found in:
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The Establishment
Clause protects against:
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Which of the
following is a governmental act which is permissible under the Establishment
Clause?
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The Lemon
Test, enunciated in Lemon v. Kurtzman, 403 U.S. 602 (1970), provides:
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Southernstate’s
legislature recently passed a law requiring that a copy of the Ten Commandments
must be posted on the wall of public classrooms statewide. No public funds
will be diverted for this purpose as the materials will all be privately
donated. Below the last commandment on each poster the following words
will be printed: “The secular application of the Ten Commandments
is clearly seen in its adoption as the fundamental legal code of Western
Civilization and the Common Law of the United States.” Is the law
valid?
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Last year the
students at Public School 108 were allowed to decide on their graduation
speaker. Following a school vote which included all students, a Catholic
priest popular in the community was selected. In order to avoid the controversy
he had seen in other school districts in years past, the school Principal
called the priest and said “Whatever prayer you use at the end,
just make sure it’s non-denominational, O.K.?” The priest
readily agreed. Following the graduation ceremony, during which the priest
led the school in a brief, non-denominational prayer, an angry group of
parents sued to ensure that there would be no similar Establishment Clause
violations in future ceremonies. Has there been an Establishment Clause
violation?
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