What does the Establishment Clause of the First Amendment prohibit?
It prohibits the government from establishing a national religion or showing preference for one religion over another, or religion over non-religion.
What famous phrase is often used to describe the principle of the Establishment Clause?
The phrase "wall of separation between church and state," which comes from a letter written by Thomas Jefferson, is commonly used to describe this principle.
What is the 'Lemon Test' used by courts?
Originating from *Lemon v. Kurtzman* (1971), it is a three-part test to determine if a law violates the Establishment Clause.
What are the three prongs of the Lemon Test?
A law is constitutional if: 1 it has a secular legislative purpose; 2 its primary effect neither advances nor inhibits religion; and 3 it does not create an 'excessive government entanglement' with religion.
Is organized, school-led prayer in public schools constitutional?
No. The Supreme Court ruled in *Engel v. Vitale* (1962) that official, school-led prayer in public schools violates the Establishment Clause, even if the prayer is non-denominational and voluntary.
Can government provide financial aid to religious schools?
Sometimes. Aid is permissible if it serves a clear secular purpose (e.g., funding for textbooks or transportation) and passes the standards set by the Lemon Test or other current judicial tests.
Is it constitutional to display religious symbols like the Ten Commandments on government property?
It depends on the context. If the display's purpose is primarily religious, it is unconstitutional. If it is part of a larger historical or secular exhibit, it may be permitted.
What did the Supreme Court rule in *McCreary County v. ACLU* (2005) regarding displays of the Ten Commandments?
The Court found that framed copies of the Ten Commandments in Kentucky courthouses were unconstitutional because their purpose was clearly religious and not part of a secular display.
What is the 'endorsement test' for Establishment Clause cases?
A legal standard proposed by Justice O'Connor asking whether a 'reasonable observer' would conclude that a government action endorses or disapproves of religion. It's often used alongside the Lemon test.
