Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Lemon v. Kurtzman

Volume 4 . Chapter 12 . § 12-08

Lemon v. Kurtzman41 § 12-08

In striking down various provisions of a New York law authorizing state aid to nonpublic school teachers who taught secular subjects, the Court articulated a three-pronged test for evaluating the constitutionality of government action under the establishment clause: "First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster 'an excessive governmental entanglement with religion.'"42 This is the test that the federal courts have applied, almost without exception, in evaluating whether or not a particular governmental accommodation of religion violates the establishment clause.

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


ChurchSalary

ChurchSalary

Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.

Setting a Pastor's Pay

Setting a Pastor's Pay Subscriber access only

Richard Hammar explains legal and tax matters for planning the pastors compensation.
Church Finance

Church Finance Subscriber access only

Learn about budgeting, financial reporting, tax compliance, insurance coverage, and more.