Question

The government gives public funds to low-performing schools for new computers. They decide to give more money to the lowest performers, some of which happen to promote multidenominational religions.

According to the establishment clause, how would a court rule on this case?

as a direct violation of the clause because government institutions cannot support religious institutions for any reason
as a violation of the clause because the government gave more money to religious schools than public schools
as in compliance with the clause because the government’s action was for a secular purpose, did not advance a particular religion, and was unentangled
as in compliance with the clause because the government gave money to fewer religious schools than public schools

Answer 1

Correct answer: "as in compliance with the clause because the government’s action was for a secular purpose, did not advance a particular religion, and was unentangled."

Reasoning (brief):
- Under the Establishment Clause analysis derived from Lemon v. Kurtzman, government aid is constitutional if it (1) has a secular purpose, (2) its principal effect neither advances nor inhibits religion, and (3) does not foster excessive government entanglement with religion.
- A neutral, merit‑ or need‑based program that awards computers to low‑performing schools — some of which happen to be religious schools — typically satisfies those tests (and the Court has approved neutral aid programs in Zelman v. Simmons‑Harris and subsequent cases).
- Caveat: the outcome would change if the program were designed to favor religious schools, if funds were used for religious instruction, or if it produced excessive entanglement between church and state.