The Lemon Test is a legal standard used in the United States to determine if a law or government action violates the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion or unduly favoring one religion over another. According to this test, government actions must:
- Have a secular legislative purpose.
- Have a primary effect that neither advances nor inhibits religion.
- Not foster an excessive government entanglement with religion.
Let's analyze each scenario based on the Lemon Test criteria:
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A private religious school uses public funds to hire a religion teacher.
- This would likely be considered unconstitutional under the Lemon Test, as it has the primary effect of advancing religion, benefiting a religious school specifically.
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A public high school requires students to stand for the prayer before a football game.
- This could be seen as a violation of the Lemon Test because it promotes a religious activity (prayer) in a public school setting, likely advancing religion.
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A private religious school uses public funds to hire a cafeteria worker.
- This situation could be permissible under the Lemon Test. Hiring a cafeteria worker does not have a primary effect of advancing or inhibiting religion, as it relates to a secular function of providing food services.
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A public high school forbids teachers from purchasing lottery tickets.
- This is more of a policy regarding the conduct of teachers and does not necessarily involve religious endorsement or practice. This action could be seen as having a secular purpose and not promoting religion, so it would likely be permissible under the Lemon Test.
Based on this analysis, the most likely legal scenarios under the Lemon Test are:
- A private religious school uses public funds to hire a cafeteria worker.
- A public high school forbids teachers from purchasing lottery tickets.
The other two scenarios would likely be deemed illegal under the Lemon Test.