Lynch v. Donnelly
Establishment Clause: “Congress shall make no law respecting an establishment of a religion…”
The Lemon Test: Since 1971, the Supreme Court has used the following 3-part test to determine the
constitutionality of state aid to church schools and other laws concerning religion. In the case Lemon v.
Kurtzman, the Court state that to be constitutional, the law must:
1. Have a clear, secular non-religious purpose.
2. Not advance or inhibit any religion.
3. Avoid “excessive government entanglement with religion.
Watch the video. Take notes on the arguments for each side. Then, using the above test & information in the
video, decide which side you agreed with: The City of Pawtucket (Lynch) or The American Civil Liberties
Union (Donnelly). Be prepared to defend your answer.
Arguments
Lynch (Pawtucket)
Donnelly (ACLU)
Your Decision & Explanation
Lynch v. Donnelly
Establishment Clause: “Congress shall make no law respecting an establishment of a religion…”
The Lemon Test: Since 1971, the Supreme Court has used the following 3-part test to determine the
constitutionality of state aid to church schools and other laws concerning religion. In the case Lemon v.
Kurtzman, the Court state that to be constitutional, the law must:
1. Have a clear, secular non-religious purpose.
2. Not advance or inhibit any religion.
3. Avoid “excessive government entanglement with religion.
Watch the video. Take notes on the arguments for each side. Then, using the above test & information in the
video, decide which side you agreed with: The City of Pawtucket (Lynch) or The American Civil Liberties
Union (Donnelly). Be prepared to defend your answer.
Arguments
Lynch (Pawtucket)
Donnelly (ACLU)
Your Decision & Explanation
Group Activity
Pick one group to side with in the controversy. Follow the instructions below:
Heels Against Trees
Heels Against Trees are a campus
organization that supports the removal of
Christmas trees from UNC libraries. This
group favors a strict separation of church
and state. They feel that no religious
holidays should be celebrated or recognized
by UNC because it is a public institution,
paid for by the taxpayers of the state.
Your job as a member of this group is to:
• Create a protest sign that supports your
viewpoint. It should be colorful and creative.
• Write one question to ask the panelists.
Christmas Defense Coalition
The Christmas Defense Coalition is a
campus organization that opposes the
removal of Christmas trees from UNC
libraries. This group favors a separation of
church and state but feels that it is ok if
they intermingle sometimes. This group is
open to other religious holidays being
celebrated in public places because they
feel it is part of our shared history as
Americans.
Your job as a member of this group is to:
• Create a protest sign that supports your
viewpoint. It should be colorful and creative.
• Write one question to ask the panelists.