Sample Essay on:
School Prayer & The Lemon Test

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Essay / Research Paper Abstract

A 4 page research paper that argues a hypothetical case involving the constitutionality of school prayer. The writer cites case law and the Lemon Test in order to argue that prayer should not be allowed at high school graduation exercises. Bibliography lists 4 sources.

Page Count:

4 pages (~225 words per page)

File: D0_khspbai.rtf

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Unformatted sample text from the term paper:

United Public School District. School officials at James River High School have notified parents that a student-led and student-initiated non-denominational prayers will be offered at the graduation exercises. Attendance at the exercises is voluntary and all prayers will be first reviewed by school officials. The plaintiff, Marisa Bailey, alleges that these prayers violate the First Amendment and the Establishment Clause. Case law supports the plaintiff in this supposition, particularly in regards to the Lemon Test. The Lemon Test is a three-pronged legal criteria that has frequently been invoked in case law in order to test the constitutionality of cases that concern First Amendment rights. The "Lemon Test" derives its name from the case of Lemon v. Kurtzman, 403 U.S. 602 (1971). This case was heard concurrently with two others, and the facts in each case concerned state statutes that made public funds available to church-run schools. The Court ruled that these states had violated the Constitution with these statutes. In reference to Lemon, Chief Justice Burger wrote that for a law to be considered constitutional, it must first have a legitimate "secular" legislative purpose; secondly, the laws effects must not advance or inhibit religion; and, third, it cannot foster "an excessive government entanglement with religion." In Lee v. Weismam, 505 U.S. 577 (1992), the United States Supreme Court addressed the question of whether or not the inclusion of a member of the clergy offering prayers at an official public school function violates the Establishment Clause, which is the clause in the Constitution that prohibits government from taking actions that promote the establishment of a state religion. In a 5 to 4 decision, the Court rules that a rabbi offering prayer at her middle school graduation ceremony constituted a "subtle and indirect" form of coercion on students regarding participation in ...

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