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Asked by Mashudu Trinity on May 29, 2024

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Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?

A) Whether the statute has a secular legislative purpose.
B) Whether the statute's principal or primary effect either advances or inhibits religion.
C) Whether the statute fosters an excessive government entanglement with religion.
D) Whether the statute has a secular legislative purpose; whether the statute's principal or primary effect either advances or inhibits religion; and also whether the statute fosters an excessive government entanglement with religion.
E) Whether the statute has a secular legislative purpose and whether the statute's principal or primary effect either advances or inhibits religion; but not whether the statute fosters an excessive government entanglement with religion.

Establishment Clause

A clause in the First Amendment of the U.S. Constitution that prohibits the government from establishing an official religion, or unduly favoring one religion over others.

Secular Legislative Purpose

The requirement that legislation must have a non-religious rational objective to uphold the separation of church and state principle.

Excessive Government Entanglement

A situation where government involvement in religious or other private activities is so extensive that it violates constitutional separations.

  • Acquire knowledge of the protections enshrined in the Bill of Rights, such as the right to arm oneself, freedom of religious belief, the shield against self-incrimination, and security from unreasonable searches.
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Loren SandersJun 02, 2024
Final Answer :
D
Explanation :
In the 1971 case Lemon v.Kurtzman,the U.S.Supreme Court codified the following three tests to determine whether a particular government statute violates the Establishment Clause: (1)Does the statute have a secular legislative purpose? (2)Does the statute's principal or primary effect either advance or inhibit religion? (3)Does the statute foster an excessive government entanglement with religion? To determine whether the statute fosters an excessive government entanglement with religion,courts examine the character and purpose of the institutions benefited,the nature of the aid that the government provides,and the resulting relationship between the government and the religious authority.

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