Question

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A state passes a law honoring the state's 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?

Answer 1

Unconstitutional as it promotes religion and amounts to an establishment of religion by the states Apex

Answer 2

Answer:

The Supreme Court should find the law unconstitutional as it violates what is written in the Lemon test.

Explanation:

The Lemon test is a test used to review Establishment Clause cases, which refers to the clause held in the 1st Amendment that prevents the government from making any law respecting an establishment of religion and from favoring one religion over another.

According to the test, the Government action does not violate the Establishment Clause as long as its purpose is not religious, it does not have the primary effect of advancing or inhibiting religion and it does not foster excessive entanglement between government and religion.

Therefore, if a state passes a law honoring the state's Catholic schools and recommends these religious schools to the families over other religious schools, the state is violating the Constitution as these activities have a religious purpose and they endorse the entanglement of the government with religion and favors the Catholic schools over others religious schools.