PLS 315-01

establishment clause, cont’d

  • how far can govt go to promote religion?
  • 2 main approaches by SCOTUS
    • separationist
    • accomodationist
  • school case types
    • aid to religious schools
      • almost always about $$$
      • schools are extension of religious mission
      • govt has explicit goal of educated citizenry
      • how far can such schools go to promote religion in context of govt funding?
      • Everson v Bd of Ed (1947)
        • state-funded bus transport to/from rel. school
        • money paid to parents, not school
        • “child benefit” theory
          • obtain education
          • student safety
          • equality of distribution, no favoritism
      • permitted aid to religious schools:
        • bus transport
        • texts
        • standardized tests
        • diagnostic svcs (hearing, optical, developmental)
        • thing paid for cannot have religious content
      • Lemon v Kurtzman (1971)
        • subsidized teacher salaries in rel.sch. main issue
          • “teachers are not like books”
        • “Lemon test”
          1. What is govt purpose for policy?
          2. What is policy’s effect as implemented (neither adv. nor inhibit rel)?
          3. entanglement of each in the other’s business?
    • religious expression (esp. xian/majorit.) in public schools
  • public display case types
    • 10 commandments
    • xmas decorations

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