Establishment Clause

Question 1

When does establishment clause pop up

Answer 1

When government does something that supports religion, establish, or discriminate against religion

• If government treating religion just like everyone else then no establishment problem or free exercise problem

Question 2

2 tests to use for establishment clauses

Answer 2

1) Lemon Test

2) Endorsement Tests

Question 3

Lemon Test

Answer 3

1) the statute must have a secular legislative purpose
2) Its principal or primary effect must be one that neither advances nor inhibits religion

3) the statute must not foster “an excessive government entanglement w/ religion”
- want government to stay out of religion

Question 4

Endorsement Test

Answer 4

1) Whether government action endorses religion from the advantage point of a reasonable person, who is reasonably well educated on the context of religion

(a) if gov does endorse religion it violates Establishment clause
(b) if an educated person thinks that government has endorsed religion then it is a violation

Question 5

Think of what else when dealing with establishment clause?

Answer 5

Think of forum anaylsis as well