In Lemon v. Kurtzman, 403 U.S. 602 (1971), the Court created the Lemon Test. It does not bar religion in
government; provided, the legislation has a secular legislative purpose, does
not have the primary effect of either advancing or inhibiting religion, and
must not result in an "excessive government entanglement" with
religion.
Hein v. Freedom From Religion Foundation, 551 U.S. 587
(2007) held that the government can partner with religious organisations and
can even give them tax payer dollars.
Lamb's Chapel v. Center Moriches Union Free School District,
508 U.S. 384 (1993) held that a government cannot deny a religious group
accommodations that are opened to others nor can it prohibit the screening of
religious films.
Newdow v. United States Congress, Elk Grove Unified School
District, et al., 542 U.S. 1 (2004) held that the words "Under God"
are not violative of the Constitution.
Aronow v. United States, 432 F.2d 242 (9th cir. 1970),
Newdow v. United States Congress, 542 U.S. 1 (2004) have both rejected claims
that "In God We Trust" violates the First Amendment.
Salazar v. Buono, 559 U.S. ___ (2010) held that crosses on
public property are not unconstitutional.
Walz v. Tax Commission of the City of New York, 397 U.S. 664
(1970) upheld tax exempt status for religious institutions.
Edwards v. Aguillard, 482
U.S. 578 (1987), held that creation may be taught in public schools if
the "teaching a variety of scientific theories about the origins of
humankind to school children is validly done with the clear secular intent of
enhancing the effectiveness of science instruction."
Bradford v. Roberts, 175 U.S. 291 (1899), held that
taxpayers had no grounds upon which to sue and that governmental funding to
religious entities like hospitals is not unconstitutional.
Bowen v. Kendrick, 487 U.S. 589 (1988), the use of federal
funds to do research into the subject of premarital adolescent sexuality does
not violate the Establishment Clause. The funds were allowed to be given to
religious organisations if they offered counseling services.
Marsh v. Chambers, 463 U.S. 783 (1983), the practice of
beginning the legislative session with a prayer given by the publicly funded chaplain
is constitutional.
Lynch v. Donnelly, 463 U.S. 783 (1983), governments can
display Christmas symbols on the property of local non-profit organisation. The display included traditional items such as
a tree, a Santa Claus, and a nativity scene. The display does not violate the
Establishment Clause.
County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492
U.S. 573 (1989), a government-owned menorah on display on public property does
not violate the Establishment Clause.
Agostini v. Felton, 521 U.S. 203 (1997), public school
teachers may instruct at religious schools, so long as the material was secular
and neutral in nature and no "excessive entanglement" between
government and religion was apparent. It does not violate the First Amendment.
Mitchell v. Helms, 121 s.Ct. 15 (2000), the Court ruled that
the loans were permissible because they in no way represented a governmental
indoctrination or advancement of religion. The loans were made in a
nondiscriminatory and constitutional fashion to both secular and non-secular schools.
"Whether governmental aid to
religious schools results in religious indoctrination ultimately depends on
whether any indoctrination that occurs could reasonably be attributed to
governmental action." As the contents
of the loans were appropriate for both religious and public schools the
government was not serving to advance religion.
Pierce v. Society of Sisters of the Holy Names of Jesus and
Mary, 268 U.S. 510 (1925), enforcement of the Compulsory Education Act, which
would force parents to send their children to public schools, would lead to the
destruction of the petitioners primary schools. These schools serve a valuable
function in their communities. The Act
unreasonably interferes with the liberty of parents and guardians to direct the
upbringing and education of children under their control. In order to impose such limitations on the
choices of parents, the state must be furthering a legitimate interest. Such is
not the case in this instance as uniformity of children appears to be the only
end served.
Zobrest v. Catalina Foothills School District, 509 U.S. 1
(1993), the Court required the school district to offer Zobrest the sign
language interpreter to a student in a parochial school.
Meuller v. Allen, 463 U.S. 388 (1983), laws allowing parents
to deduct from their state income taxes any expenses from school tuition,
textbooks, or transportation for their children are not unconstitutional. This
covered elementary and secondary students and was available regardless of
whether the children attended public or private (including parochial) schools.
Committee for Public Education and Religious Liberty v.
Regan, 444 U.S. 646 (1980), Court held constitutional a New York passed a
statute allowing nonpublic schools to be reimbursed for the costs incurred in
administering and reporting results of state-mandated test scores. The funds
given to the schools were audited to ensure that the money was only used to
cover the costs of compliance with the state standards. Law constitutional.
Wolman v. Walter, 433 U.S. 229 (1977), a state may provide
textbooks, standardized tests, therapeutic and diagnostic services to private
and parochial school children.
Roemer v. Maryland Public Works Board, 426 U.S. 736 (1976), a state may give tax dollars to parochial and
private schools grants with the stipulation that the money only be spent on
secular functions.
Meek v. Pittinger, 421 U.S. 395 (1975), governments can
purchase school books for private and parochial schools.
Tilton v. Richardson, 403 U.S. 672 (1971), state grants to
parochial and private schools are constitutional.
Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, the Establishment and Free Exercise Clauses of the First Amendment bar
suits brought on behalf of ministers against their churches, claiming
termination in violation of employment discrimination laws.
