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Pledge of Allegiance2727 unread replies.2727 replies.Do you think the “under God” phrase in the
Pledge of Allegiance2727 unread replies.2727 replies.Do you think the “under God” phrase in the Pledge of Allegiance is a violation of the Establishment Clause? Why or why not?
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Establishment Clause Tests
Major Establishment Clause cases depict these “tests” or measuring devices to determine when a government entity, such as a legislature or school board, has made policy “respecting an establishment of religion.”
Lemon test: From its use in Lemon v. Kurtzman (1971). Three-prong test that has been used most often in cases challenging public financial support for religious schools. (1) A policy must have a secular purpose, (2) its primary effect must be “neutral,” (3) it must not promote an “excessive entanglement” between government and religion by requiring either to become too closely involved in the affairs of the other.
Endorsement test: The Establishment clause is violated when government sends a signal that a religion or a particular religious belief is favored or preferred, thus making some people feel as “outsiders” and others as “insiders.”
Coercion test: This test allows government to “recognize” or “accommodate” religion but bars any policy that coerces anyone to support or to participate in any religion or religious exercise, including a significant expenditure of public funds.
Child-benefit theory: Often employed in cases involving state aid to religious schools, this approach focuses on the primary beneficiaries of the challenged plan—the children enrolled in the school, rather than the schools themselves.
Applying these tests can be difficult and exasperating. Dissatisfaction with Lemon test. No one of these tests fits all, or even most, of the establishment clause cases that reach the Supreme Court.
