Religious challenges to the public school curriculum : analysis of the application of the Lemon tripartite test in selected cases, 1982-1987

Religious challenges to the American public school curriculum charge that public schools either inhibit or advance particular religious beliefs. If an allegation is litigated, state and federal courts at all levels have relied on the Lemon tripartite test in order to determine when a first amendment violation exists. This test asks what is the purpose and the effect of the activity, and does it involve the state in excessive entanglement? This study has analyzed how various courts have interpreted and applied the test in 17 selected cases in which it was alleged that a particular statute or activity either advanced or inhibited religion. The areas of challenge to the public schools included prayer/moments of silence, balanced treatment, secular humanism, sex education, and compensatory education