The Establishment Clause

A.
Lemon Test The Supreme Court continually applies the three-pronged test, enunciated in Lemon v. Kurtzman, 465 U.S. 668 (1984), in evaluating Establishment Clause challenges. The state action must satisfy each of the following conditions to be valid:

MNEMONIC: PEE

1. Purpose
The state action must have a legitimate purpose;

2. Effect
The principal or primary effect must neither advance nor inhibit religion;

3. Entanglement
There must be no excessive government entanglement with religion;

B. Wall of Separation

The basic purpose of the Establishment Clause is to erect a “wall of separation” between church and state. The Clause clearly forbids the federal government or a state government from:

1. Establishing a church;

2. Passing laws which aid one religion, aid all religions, or prefer one religion over another;

3. Forcing or influencing a person to go to or to remain away from church against his will or force a person to profess a belief or disbelief in any religion;

4. Punishing a person for entertaining or professing religious beliefs or disbeliefs, for church attendance or nonatten- dance;

5. Levying a tax to support religious activities or institutions, to teach or practice religion;

6. Participating openly or secretly in the affairs of any religious organization or group.