Question

4.4.2 test (cst): civil liberties and civil rights
read this passage:
a state passes a law honoring the states catholic schools. the law says that the schools have a long history of excellent education and that the state recommends them as a good choice for families. a muslim private school sues the state, claiming the first amendment is being violated.
according to the lemon test, should the supreme court find the law constitutional or unconstitutional, and why?
a. unconstitutional, as it has a spiritual purpose of converting students to catholicism
b. unconstitutional, as it promotes religion and amounts to an establishment of religion by the state
c. constitutional, as it protects christians secular right to attend any school in the state
d. constitutional, as it does not restrict citizens from practicing any religion they choose

Explanation:

The Lemon test has three - pronged criteria: a law must have a secular legislative purpose, its primary effect must neither advance nor inhibit religion, and it must not foster excessive government entanglement with religion. The state law recommending Catholic schools promotes a particular religion, which violates the establishment - clause of the First Amendment as it has the primary effect of advancing religion.

Answer:

B. Unconstitutional, as it promotes religion and amounts to an establishment of religion by the state