LAWS 2180 Lecture Notes - Establishment Clause, Peyote, Lemon V. Kurtzman
Document Summary
Engel v. vitale (1962): new york public schools had a specific prayer they must read every morning. It was nondenominational and didn"t discriminate between religions: engel: family that objected to the prayer. Argued the state has no constitutional right to make a prayer that must be said every day: state argued the prayer was a practice, not a belief. The state could constitutionally regulate the practice, so the prayer, particularly in schools: precedent: everson v. board of education (1947). Muchollum v. board of education (1944: clergymen allowed in public schools and spoke about their beliefs, court found it unconstitutional because it violated establishment clause. Also if the teacher pushed a sort of view she would be supported by state public funds: origin of the lemon test: it consists of three prongs: 1). The government"s action must have a secular legislative purpose; 2). The government"s action must not have the primary effect of either advancing or inhibiting religion; 3).
