Agostini V. Felton Case Study

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he issue that has come before the Court is whether or not the Christian tenets and prayer to a nondenominational God is in violation of the First Amendment’s establishment clause. The Court has ruled, based on tests developed from Lemon v. Kurtzman and Agostini v. Felton that both the Christian tenets and prayer in the Court is a violation of the First Amendments Establishment Clause. The Court began by reviewing the present definition for religion based on previous Court developments. Based on the Court case, Welsh v. United States, which analyzed the definition of religion in reference to those who do not believe in a God. In this case, the Court ruled that Atheism and other religions that do not predominantly premier a creator are a form of religious supplement for those that follow these beliefs. Because of this, they are granted full protection under the First Amendment’s Free Exercise Clause. In relation to this Court case, Blake is given full protection for his Atheist beliefs in the courtroom as this is an establishment of the government. On the other side …show more content…

Felton case. The Agostini Test is similar to the Lemon Test, however it separates the issue into the purpose of it’s establishment and the effect that it causes. The test looks at whether the program results in governmental indoctrination of religion, whether it defines its participants by reference to religion and whether it creates an excessive entanglement between government and religion. Both the prayer and the tenants also fail both of these tests as well. The only purpose for both the prayer and the tenants is to support a Christian and creationist message. Since this has no purpose to aide the government in anyway, it cannot stand. Also, since the only effect that it causes would be to support this religion, both of these symbols are a form of establishment of a religion by the government which is

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