Running head: FREEDOM OF RELIGION
Freedom of Religion
FREEDOM OF RELIGION
1. Lemon Test and the Establishment Clause
The lemon test was introduced in the Lemon v. Kurtzman case, where the judges
stipulated that the law set out in Rhode Island, which required partial compensation to parochial
teachers working in schools, violated the constitution (1971). When deciding, the courts came
up with a test that would be used when seeking to determine if a law infringes on the 1st
Amendment (Broida, 2018). The Establishment clause, on the other hand, obligates Congress
from endorsing any religion by making a law to that effect. The first action required seeks to
determine whether the law has a secular underpinning. If it is neutral, then it does not infringe
on the establishment clause (Broida, 2018). The second looks at whether the law upholds or
impedes any religion or religious activities, and if it does, then it contravenes the Establishment
clause. The third action focusses on whether too much government entanglement with religion
can be established.
2. Employment Division v. Smith, Religious Freedoms and RFRA
The court I the Smith case made a substantial leg...
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