PLS 315-01

Lemon test (teacher salaries)

  1. secular purpose
  2. secular effect (no advancement or inhibition of religion
  3. entanglement
    • surveillance of classes

prohibited aid:

  • teacher salaries
  • teacher-prepared tests
  • field trips

permitted aid

  • standardized tests
  • standard textbooks

Student Choice

  • choice negates “effect” prong of Lemon test
  • Witters (1986)
    • tuition subsidy to blind
    • OK to attend religious school
  • Mitchell v Helms
    • instructional materials (PCs)

Zelman v Simmons-Harris (vouchers, CLV 2002)

  • 82% of schools participating in voucher program were religious
  • only coercion of belief is unconstitutional

Religion in public schools

  • compelling state interest in education
  • compulsory education/attendance
  • can schools be used as platform for rel promotion?
  • vulnerable, captive audience
  • tax funding
  • majority prefers religious instruction, but which?

*** HANDOUT: Clinton memo on religious expression in public school ***


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