Asked by Karim velasquez on May 14, 2024
Verified
Before his termination, Leaf tells Milo that he is drafting a California law that would provide funding to his church because the church serves to protect trees and the environment in general. Milo tells Leaf that such a law would violate the establishment clause of the U.S. Constitution. Under what circumstances would a state law be permissible under the establishment clause?
A) If it has a secular purpose.
B) If it has a secular purpose and does not foster an excessive government entanglement with religion.
C) If the government can prove either (1) it has a secular legal purpose, (2) has a primary effect of neither advancing nor inhibiting religion, or (3) does not foster an excessive government entanglement with religion.
D) If the government can prove it does not foster an excessive government entanglement with religion.
E) If it has a secular legal purpose, has a primary effect of neither advancing nor inhibiting religion, and does not foster an excessive government entanglement with religion.
Establishment Clause
A provision in the First Amendment of the U.S. Constitution that prohibits the government from establishing an official religion or favoring one religion over another.
Secular Purpose
Refers to a non-religious or non-spiritual objective or function, often mentioned in the context of laws or policies to ensure neutrality.
Government Entanglement
A situation where the actions, policies, or laws of a government are deeply involved or intertwined with a private entity or religious organization, raising constitutional concerns.
- Identify the criteria for determining the constitutionality of state laws under the establishment clause.
Verified Answer
NH
Nhân Hu?nhMay 18, 2024
Final Answer :
E
Explanation :
A state law is permissible under the establishment clause if it meets the three-pronged test established by the Supreme Court in Lemon v. Kurtzman (1971): it must have a secular legislative purpose, its primary effect must neither advance nor inhibit religion, and it must not result in an excessive government entanglement with religion.
Learning Objectives
- Identify the criteria for determining the constitutionality of state laws under the establishment clause.