The Federal Judiciary and Establishment Clause Jurisprudence: Application of the Lemon Test since Mitchell v. Helms

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The issue of religion and its place in society has been a topic of controversy and debate since long before the creation of our constitutional republic. The relationship between religion and government has witnessed some of its most intense conflicts when the governmental entity in question involves public education. As our country moved into the 20th century, legal challenges in the field of public education began to emerge calling into question the constitutionality of various policies and practices at both the state and local levels. This dissertation examined the legal methodology that was initially developed and then subsequently modified as ... continued below

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Sanders, Russell Scott May 2011.

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This dissertation is part of the collection entitled: UNT Theses and Dissertations and was provided by UNT Libraries to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 988 times , with 29 in the last month . More information about this dissertation can be viewed below.

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  • Sanders, Russell Scott

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The issue of religion and its place in society has been a topic of controversy and debate since long before the creation of our constitutional republic. The relationship between religion and government has witnessed some of its most intense conflicts when the governmental entity in question involves public education. As our country moved into the 20th century, legal challenges in the field of public education began to emerge calling into question the constitutionality of various policies and practices at both the state and local levels. This dissertation examined the legal methodology that was initially developed and then subsequently modified as the judicial branch has interpreted how the Establishment Clause delineates the relationship between religion and public education. Because the United States Supreme Court has not overturned its decision in Lemon v. Kurtzman, the tri-partite test it established still remains the law of the land. Subsequent decisions by the Court leading up to their ruling in Mitchell v. Helms, however, have continued to modify the judiciary's approach toward the use of the Lemon test in Establishment Clause jurisprudence. This research analyzed the decisions of the various federal courts subsequent to the ruling issued in Mitchell to discern both the present position of the federal judiciary as it relates to the continued validity of Lemon and theorizes how the future course of any Establishment Clause legal challenges may ultimately be resolved by the federal courts. The analysis suggested that, while the Supreme Court has avoided Lemon's three-part test as the standard for evaluating Establishment Clause claims, the lower courts continue to place a strong emphasis on the importance of the test established in Lemon as the basis for how they render their decisions with issues that involve public education. This data indicated that Lemon continues to be an important tool for determining the validity of state programs and policies involving federal questions related to the Establishment Clause.

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  • May 2011

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  • Jan. 9, 2012, 9:53 p.m.

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Sanders, Russell Scott. The Federal Judiciary and Establishment Clause Jurisprudence: Application of the Lemon Test since Mitchell v. Helms, dissertation, May 2011; Denton, Texas. (digital.library.unt.edu/ark:/67531/metadc67946/: accessed October 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .