The Future of Educational Finance
The Lemon Test
The Lemon Test was created by the Supreme Court as a means of judging whether certain legislature is connected inappropriately to religion. The test asked three specific questions to determine if a law was against the Establishment Clause of the First Amendment. “Does the activity have a clearly secular purpose? Does the activity either advance or inhibit the free exercise of religion? Does the activity excessively entangle the public school system with religion?” (Cambre, 2009, p. 62).
While the Lemon Test certainly helps define a correlation between legislature and the first amendment, the problem that has continually arisen is the subjective nature of both the First Amendment’s Establishment Clause and the questions themselves. Throughout the recent past, many judges have been able to work around the Lemon Test when looking at religion in schools. One specific instance occurred in an Ohio court that ruled “parents had the right to choose the type of school their students attended and that the state of Ohio did not coerce parents into choosing religious schools” (Cambre, 2009, p. 62). There have been many other court ca...
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