Establishment Clause

Question 1

Everson v. Bd. of Ed. (1947)

Answer 1

A New Jersey law allowed reimbursements of money to parents who sent their children to school on buses operated by the public transportation system. Children who attended Catholic schools also qualified for this transportation subsidy.Court held that the law did not violate the Constitution, it was simply a law enacted as a “general program” to assist parents of all religions with getting their children to school.

Question 2

Engel v. Vitale (1962)

Answer 2

This case involved reading of prayer in public schools. The Supreme Court found it unconstitutional for teachers, principals, etc in leading public school classes in prayer.

Question 3

Lemon v. Kurtzman (1971)

Answer 3

David Kurtzman provided “reimbursement” to nonpublic schools for secular educational services. Lemon brought him to court on the basis of unconstitutionality. The Supreme Court ruled that this program violates the Establishment Clause because they create excessive entanglement between a religious entity and the state. Burger wrote the majority opinion and created the Lemon test for the Establishment clause. The Lemon Test asked three questions: 1. Is the legislative purpose secular? 2. What is the real life impact? 3. Does the law foster an excessive entanglement with religion?

Question 4

Van Orden v. Perry (2005)

Answer 4

The Texas government had a monument of the ten commandments on their grounds, Van Orden sued the governor saying it violated the establishment clause. The Supreme Court ruled that the monument was constitutional, it represented historical value and not purely religious value