Establishment Clause Flashcards
How does the establishment clause govern discriminatory laws preferring one religion over another?
Where a law prefers one religion (or religious sect) over others, strict scrutiny applies
How does the establishment clause govern that are neutral towards religion?
No longer apply the Lemon test. Instead, courts must interpret the establishment clause using an originalist approach that examines historical practices and understandings, as well as the potential for coercion posed by the law
What kinds of public school activities are invalid under the establishment clause?
- school prayer
- period of silence “for meditation or voluntary prayer”
- posting the ten commandments in classrooms
- clerics conducting non-denominational prayer as part of a graduating ceremony
- religious classes (like creationism)
Under the establishment clause, what would be a valid religious activity in public schools?
Religious club holding its meetings in a public school
Under the establishment clause, is it constitutional to include a Christmas display in a park along with Santa Claus and candy canes?
Yes, this is valid under the establishment clause
Under the establishment clause, is it constitutional to post the Ten Commandments as a monument along with other monuments surrounding the state capitol?
Yes, this is valid under the establishment clause
Under the establishment clause, is it constitutional to place the Ten Commandments on the walls of courthouses
No, this is invalid because it serves no secular purpose
Are Sunday closing laws constitutional under the establishment clause?
Yes, this is valid under the establishment clause
Under the establishment clause, is it constitutional for governments to delegate authority to religious organizations
No, this is invalid under the establishment clause
Are tax deductions for religious institutions valid under the establishment clause?
A property tax exemption for religious institutions is valid if treated the same as other non-profits; however, if the tax exemption was available only for religious institutions is an invalid endorsement of religion
When is it valid under the establishment clause for the government to give money to religious schools?
States can provide money to BOTH public and private schools for:
(1) Secular textbooks;
(2) Standardized secular exams;
(3) School lunches;
(4) Library media materials and computers; and
(5) Interpreters for deaf students
When is it unconstitutional under the establishment clause for the government to give money to religious schools?
(1) States cannot give money that will be used for religious instruction;
(2) State cannot give money to religious secondary schools for salaries of teachers of secular subjects (risk of “excessive government entanglement”), although they may give such money to schools at the university level
Is it valid under the establishment clause for the government to provide bus fares for both public and private (including religious) schools?
Yes, this is valid under the establishment clause
Is it valid for the government to give a tax deduction to all parents for children attending any public, private, or religious school?
Yes, this is valid under the establishment clause
Is it valid under the establishment clause for the government to provide a voucher program that allows parents to send their children to religious schools with state aid?
Yes, this is valid under the establishment clause
