Bar Exam Flashcards
Pass Your State Bar Exam

A state legislature enacted a statute requiring all public school teachers to begin each day by leading students in a moment of silent reflection 'for meditation or voluntary prayer.' A teacher challenges the statute. How should the court rule?

The statute is unconstitutional under the Establishment Clause. Under Lemon v. Kurtzman, the government action must have a secular purpose. The inclusion of 'voluntary prayer' indicates a religious purpose, and the legislative history likely shows intent to return prayer to schools. The statute fails the purpose prong and violates the First Amendment.