POLS 354 Chapter Notes - Chapter p. 223: Arthur Goldberg, Free Exercise Clause, Lemon V. Kurtzman
Document Summary
Requiring prayer violates the 1st amendment rights of the students under the establishment clause. Re(cid:272)itatio(cid:374) of the lord"s prayer violates the le(cid:373)o(cid:374) test. Purely religious ceremony: no secular purpose (see lemon test) Advances religion through public education (see lemon test) Excessive entanglement with religion by requiring students to recite. Requiring recitation not a violation of the establishment clause. Statute serves to teach morals (secular purpose). Law requires no additional resources to recite this prayer (excessive entanglement) Holding: yes, violates establishment clause of the constitution (8-1) Court found the recitation to be purely religious ceremony and nothing else. Concurring opinions: offered by justice douglas, justice brennan, justice goldberg, justice. Justice stewart cannot argue that the establishment clause has been violated. Stewart states that there is a free exercise claim on the part of those who desire to begin the school day with readings of bible passages.
