Chapter 15 - Free exercise clause not an absolute right...

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Free exercise clause – not an absolute right – government can place restrictions on religious practices Establishment clause : government can not establish an official religion – politicians can believe in any religion to run for office Lemon vs. Kurtzman (1971) “LemonTest” 1. a law must have a secular legislative purpose 2. it must neither advance or inhibit religion 3. laws must avoid “excessive government entanglement with religion” Endorsement test – forbids government practices that a reasonable observer would view as endorsing religion Nonpreferentialist test – doctrine that the Constitution does not prohibit government aid to religions, just prohibits favoritism toward any particular religion. Strict separation test – even indirect aid for religion is prohibited Not permissible: 1. displays of religious icons in government buildings and in courthouses 2. Teacher led prayer in public classrooms (Engel vs. Vitale, 1962) 3. Prayer incorporated in official school functions (graduation ceremonies,
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This note was uploaded on 09/13/2008 for the course POLS 1101 taught by Professor Lenny during the Spring '08 term at Georgia Perimeter.

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Chapter 15 - Free exercise clause not an absolute right...

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