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Bush's "Faith" based plan ... Unconstitutional?
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[QUOTE]Originally posted by Omega: [QB] [i]How does Bush's plan not violate the Lemon test?[/i] It doesn't have to, as the Lemon test is not law, in that it was not passed by a legislature, nor is it part of the original intent of the Constitution. Have you read "The Federalist Papers"? But let us assume that it is, in fact, law. Does not the Lemon test only apply to government aid to SCHOOLS? Is this not aid for families, instead, and thus a completely different concept? Let us make yet another assumption... "1) it has a secular purpose" A voucher is not "overtly or specifically religious", and it is "relating to the world", those being the most applicable definitions of "secular". Thus the law proposed would pass the first part of the test. "2) its effect is neither to advance or inhibit religion" People who would send their children to religious schools under this program would choose to do so. The law does not advance or inhibit religion, in that anyone who uses it for religious purposes chooses to do so completely voluntarily. Thus it passes the second part of the test. "3) it doesn't entangle government and religious institutions in each other's affairs" The school and the government have very little to do with each other, aside from redeeming the vouchers, which can not be reasonably construed as being entanglement in affairs. Thus it passes the third part of the test. [i]What the fuck does homeschooling have to do with this?[/i] As I recall, homeschoolers can recieve vouchers, as well. How would homeschoolers fit into your view? Would they qualify as religious, and thus not valid recipients of a voucher? Would they qualify as non-religious, and thus valid recipients? Would only some homeschoolers recieve vouchers, based on their religious beliefs? If so, would that not constitute establishment of a set of state-supported religious beliefs? [/QB][/QUOTE]
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