which of the following would meet the lemon test and would be legal under the first amendment
A.Taxpayer money goes to a private religious school in order to furnish bibles to all students.
B.Taxpayer money goes to a private religious school in order to pay the salary of a school bus driver
C.Taxpayer money goes to a private religious school in order to pay the salary of a youth minister
D.Taxpayer money goes to a private religious school in order to pay for facilities used for religious meetings during instructional time.
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The Lemon test is a three-pronged test used by courts to determine if a law or government action violates the Establishment Clause of the First Amendment. Under the Lemon test, a government action must meet the following criteria:
1. It must have a secular purpose.
2. Its primary effect must neither advance nor inhibit religion.
3. It must not result in excessive entanglement between government and religion.
Based on these criteria, the options are as follows:
A. Taxpayer money going to a private religious school to furnish bibles to all students would likely fail the Lemon test. It could be seen as having the primary effect of advancing religion and potentially resulting in excessive entanglement between government and religion.
B. Taxpayer money going to a private religious school to pay the salary of a school bus driver has a secular purpose and does not advance or inhibit religion. Therefore, this option would likely meet the Lemon test.
C. Taxpayer money going to a private religious school to pay the salary of a youth minister would likely fail the Lemon test. It would have the primary effect of advancing religion and could result in excessive entanglement between government and religion.
D. Taxpayer money going to a private religious school to pay for facilities used for religious meetings during instructional time would likely fail the Lemon test. This could be seen as advancing religion and resulting in excessive entanglement between government and religion.
In conclusion, option B (taxpayer money going to a private religious school to pay the salary of a school bus driver) would most likely meet the Lemon test and be legal under the First Amendment.
The Lemon test is a three-part test used by the Supreme Court to determine whether a law or government action violates the Establishment Clause of the First Amendment, which prohibits the government from making any law "respecting an establishment of religion." The Lemon test is named after the Supreme Court case Lemon v. Kurtzman (1971), in which it was first articulated.
The Lemon test has three prongs that must be satisfied for a law or government action to be deemed constitutional:
1. The law or government action must have a secular purpose: It must have a legitimate non-religious purpose, such as promoting educational or public safety interests, rather than advancing or inhibiting religion.
2. The law or government action's primary effect must neither advance nor inhibit religion: It must not have the primary effect of either advancing or inhibiting religion. In other words, it should not promote or endorse a particular religious belief or favor one religion over another.
3. The law or government action must not result in an excessive entanglement between government and religion: It must not excessively entangle government with religious institutions or excessively entangle the government in religious affairs.
Now, let's apply the Lemon test to each of the options you provided:
A. Taxpayer money goes to a private religious school in order to furnish bibles to all students.
This option would likely fail the Lemon test. Providing Bibles to all students could be seen as advancing a religious purpose and endorsing a particular religious belief.
B. Taxpayer money goes to a private religious school in order to pay the salary of a school bus driver.
This option would likely pass the Lemon test. Paying the salary of a school bus driver at a religious school has a secular purpose of ensuring the safe transportation of students, and it does not advance or inhibit religion.
C. Taxpayer money goes to a private religious school in order to pay the salary of a youth minister.
This option would likely fail the Lemon test. Paying the salary of a youth minister is directly linked to religious activities and could be seen as advancing religion.
D. Taxpayer money goes to a private religious school in order to pay for facilities used for religious meetings during instructional time.
This option would likely fail the Lemon test. Using taxpayer money to pay for facilities used for religious meetings during instructional time would likely advance religion and result in excessive entanglement between government and religion.
In summary, option B is the most likely to meet the Lemon test and be considered legal under the First Amendment. However, it's important to note that the Lemon test has been the subject of ongoing debate and its application can vary in different cases and jurisdictions.