Abstract
The Lemon Test-Since the early 1970's, the Supreme Court generally has determined the validity of statutes under the establishment clause by applying the three-part test first formulated in Lemon v. Kurtzman. Under that test, a statute does not violate the establishment clause if the statute has a secular purpose, its primary effect neither advances nor inhibits religion and it does "not foster an excessive government entanglement with religion." In Lemon, the Supreme Court invalidated two state aid programs to nonpublic schools, most of which had religious affiliations. The Court held that while the purpose of the statutes-to enhance the quality of secular education in nonpublic schools-was legitimate, the statutes created a risk of excessive entanglement, and hence violated the establishment clause." The purpose and effect parts of the Lemon test require no additional explanation, as they are based on the usual meanings of the two concepts, but some elaboration is necessary on the concept of entanglement.
Recommended Citation
Schachner, Elliot M.
(1984)
"Religion and the Public Treasury After Taxation
with Representation of Washington, Mueller
and Bob Jones,"
Utah Law Review: Vol. 1984:
No.
2, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss2/2