The Barbarian
Crabby Old White Guy
- Apr 3, 2003
- 26,176
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- Country
- United States
- Faith
- Catholic
- Marital Status
- Married
- Politics
- US-Libertarian
They haven’t said anything concerning God’s standards in politics.
They have, however, prohibited government from endorsing or establishing any religion whatever.
In Lemon v. Kurtzman (1971), the Court established a three-pronged test for laws dealing with religious establishment. To be constitutional a statute must have “a secular legislative purpose,” it must have principal effects that neither advance nor inhibit religion, and it must not foster “an excessive government entanglement with religion.”
Twenty-six years later the Court modified the Lemon test in Agostini v. Felton (1997) by combining the last two elements, leaving a “purpose” prong and a modified “effects” prong.
In County of Allegheny v. American Civil Liberties Union (1989), a group of justices led by Justice Anthony M. Kennedy in his dissent developed a coercion test: the government does not violate the establishment clause unless it provides direct aid to religion in a way that would tend to establish a state church or involve citizens in religion against their will.
Establishment Clause (Separation of Church and State)
The endorsement by Congress of a particular religious tradition's view of God's will would establish a state religion. Which is what the Supreme Court has determined.
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