Lemon Test and School Prayer: Applying the Standard Today

📚 Quick Study Guide

• 📜 The Establishment Clause of the First Amendment: "Congress shall make no law respecting an establishment of religion..."
• 🍋 The Lemon Test (from Lemon v. Kurtzman, 1971): A law must:
  1. Have a secular legislative purpose.
  2. Not have the primary effect of advancing or inhibiting religion.
  3. Not foster excessive government entanglement with religion.
• 🏫 School Prayer: Generally prohibited if it is school-sponsored or endorsed. Mandatory prayer violates the Establishment Clause.
• ⚖️ Application Today: The Lemon Test is still used, but its application is debated. Some justices prefer alternative tests like the endorsement test or coercion test.
• 📅 Key Case: Engel v. Vitale (1962) – Held that mandatory prayer in public schools is unconstitutional.

📝 Practice Quiz

1. Which Supreme Court case established the Lemon Test?
   1. Engel v. Vitale
   2. Abington School District v. Schempp
   3. Lemon v. Kurtzman
   4. Wallace v. Jaffree
2. What is the first prong of the Lemon Test?
   1. The law must not foster excessive government entanglement with religion.
   2. The law must have a secular legislative purpose.
   3. The law must not have the primary effect of advancing or inhibiting religion.
   4. The law must be neutral toward religion.
3. In the context of school prayer, what does the Establishment Clause primarily prevent?
   1. Students from praying individually.
   2. School-sponsored or endorsed prayer.
   3. Teachers from having personal religious beliefs.
   4. The distribution of religious literature.
4. Which Supreme Court case declared mandatory prayer in public schools unconstitutional?
   1. Lemon v. Kurtzman
   2. Wallace v. Jaffree
   3. Engel v. Vitale
   4. Santa Fe Independent School District v. Doe
5. What is a criticism of the Lemon Test?
   1. It is too lenient towards religious practices.
   2. It is too easy to apply consistently.
   3. It is vague and can lead to inconsistent rulings.
   4. It supports government endorsement of religion.
6. Which of the following best describes the "endorsement test"?
   1. Whether the government action has a secular purpose.
   2. Whether the government action appears to endorse or disapprove of religion.
   3. Whether the government action excessively entangles government with religion.
   4. Whether the government action involves mandatory prayer.
7. If a school allows students to lead a prayer at a graduation ceremony, but it is non-mandatory, which Supreme Court case is most relevant?
   1. Lemon v. Kurtzman
   2. Engel v. Vitale
   3. Santa Fe Independent School District v. Doe
   4. Abington School District v. Schempp