Establishment Clause Case Study

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The establishment clause sets up a line of separation between the functions and operations of the institutions of government and religion in the United States. As said by Jay Feinman, “the establishment clause prevents the government from establishing a state religion or using the powers of the government to support a particular religion, and the free exercise clause prohibits the government from intruding on individual religious choices” (Feinman). Some may not consider this church a “recognized creed and form of worship” because it has not been properly established. Then again, what does properly established mean? The IRS believes a defined church is one that meets these five guidelines: A distinct legal existence and religious history,…show more content…
The establishment clause states that, “Congress shall make no law respecting an establishment of religion” and yet they are establishing its importance over the citizens of the town (Establishment Clause Overview). According to the Allegheny County v. ACLU case, Justice Anthony Kennedy believes that the ‘coercion test’ is a significant tool in determining the outcome of an establishment clause case. “Under this test the government does not violate the establishment clause unless it (1) provides direct aid to religion in a way that would tend to establish a state church, or (2) coerces people to support or participate in religion against their will” (Establishment Clause Overview). In this case, the non-members of the pretzel church are being coerced to support the church by paying more in property taxes. The act of paying more money to support the town’s economy is a violation of the establishment clause and an infringement on their right to the separation of church and state. The government is obliquely establishing the church as more important than the townspeople. The government is forcing the people to fund a religious institution that they don’t believe

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