What standard is applied in cases involving the "Establishment Clause"?

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The "Establishment Clause" of the First Amendment prohibits the government from establishing a religion or favoring one religion over another. To evaluate cases related to the Establishment Clause, the courts often employ the "Lemon Test," which originates from the Supreme Court decision in Lemon v. Kurtzman (1971).

The Lemon Test consists of three prongs that a law must satisfy to avoid violating the Establishment Clause:

  1. The law must have a secular legislative purpose.

  2. The primary effect of the law must neither advance nor inhibit religion.

  3. The law must not foster an excessive government entanglement with religion.

If a law fails any of these prongs, it is deemed unconstitutional under the Establishment Clause. The use of the Lemon Test allows courts to objectively assess whether governmental actions are appropriately secular and do not promote religious establishment. This standard specifically addresses concerns about government involvement in religion, differentiating it from other forms of scrutiny, such as strict scrutiny or intermediate scrutiny, which are generally used in cases involving discrimination or fundamental rights rather than religious establishment issues.

Thus, the "Lemon Test" is the standard specifically applied to assess compliance with the Establishment Clause, making it the correct answer.

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