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Since 1992 we have seen the United States Supreme Court move in the direction of using two
additional tests that actually make it more difficult to show that the government fails the
establishment clause. The first fairly recent test sometimes used is the Coercion Test,
basically looking for proof that there exists direct or indirect governmental coercion on
individuals to profess a faith. The second additional test appears to be a compromise between the
Lemon test and the Coercion Test and that is the Endorsement Test under which
governmental action would be struck down if it has the purpose or effect of endorsing religion
by conveying a message favoring a particular religious belief. This is a much easier standard for
the government to pass. This can now be explained by asking the following five questions:
1) Does the government action have a secular purpose?
2) Does it have a primary effect of advancing or impeding religion?
3) Does it avoid excessive entanglement with religion?
4) Does it endorse religion?
5) Does it coerce individuals to profess a faith?
Free Exercise means the government cannot prevent or impede religious practices. A Balancing
Test with a two-part assessment is used for free exercise cases:
1) Is the religious practice that is being inhibited actually dictated by a sincere and legitimate
religious belief? If yes, go to part two.
2) Given that there exists a sincere and legitimate religious belief, to what extent is it inhibited?
If the impairment is substantial, the court then evaluates whether the state action serves a
compelling interest that justifies the burden imposed on the exercise of religious beliefs.
Landmark Case involving the free establishment clause:
Wisconsin v. Yoder, 406 U.S. 205 (1972), the prominent case challenging school attendance by
Amish children. In Wisconsin v. Yoder, Amish children were seeking to be exempted from
compulsory education after eighth grade or age 14. The school was demanding attendance as
required by Wisconsin state law until the age of 16. The Amish contended that the law prevented
them from exercising their religion since the children needed to learn crafts and trades important
to the survival of their religious community. The United States Supreme Court asked first if the
religious practice that was being inhibited was actually dictated by a sincere and legitimate
religious belief. The Amish argued that their belief was sincere and legitimate, that they had for
centuries practiced their religion within a community-developed setting with a commitment to
live simply and not incorporate technology into their lives. Their ability to be self-dependent is
critical to their faith, and apprenticing is an important piece for essential skills to be passed on to
the youth. Wisconsin could not defy the Amishs way of life, which is historically grounded
and is embedded in their religious practice. But to what extent were the sincere and legitimate
beliefs of the Amish inhibited? The Amish would say that the impairment was substantial. It is
critical to the Amish that the children are apprenticed and the Amish are willing to let this wait
until after eighth grade since they value the importance of their children learning the basics of
reading, writing and mathematics. But the age of 14 is ripe for them to learn skills and to be
integrated into the religious life of the community, which is dependent on their learning these
skills. In the end, the United States Supreme Court ruled in favor of the Amish. Essential to the
Amish case was the fact that Amish children did not become derelicts of the larger society and
thus the argument about education for good citizenry did not carry any weight. For the Amish,
the balance was in favor of their ability to train their children for apprenticeships in contributing
to their society, which almost all did.
Your overall assessmentWho will win the case, do you believe? I believe the school will be
able to introduce the elective course. The course does not promote Christianity as it is
presented. However, I do think it is a fine line that the teacher and curriculum developers will
have to walk to avoid government entanglement and coercion.