Lincoln Memorial University Law Review Archive


This comment argues that Tenn. Code Ann. 36-1-147 is unconstitutional under both the Tennessee and U.S. Constitutions by demonstrating that the test outlined in Lemon v. Kurzman is appropriate for legislation of this kind, as it is a statute regulating a secular activity in which religious institutions participate. The Comment continues by diving into the legislative history of 36-1-147 before faithfully applying the Lemon test to the statute at hand.

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