Religion Advance Establishment State Religious Govt 5d Clauses

Front 5D. Religion Clauses: Establishment Clause

Prohibits laws "respecting an establishment of religion": state cannot (a) require any form of religious observance, (b) advance any religion over another, or (c) advance religion or non-religion

Govt may extend benefits to religious institutions if satisfies 3-part Lemon v. Kurtzman test:

(1) government program must have a secular legislative purpose

(2) principal or primary effect of benefit can neither advance or inhibit religion

(3) no "excessive govt entanglement"

10 Commandments display will violate (1) if in place where person is compelled to be (2) not in a park (as at TX state capitol)


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