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美国宪法第一修正案规定国会不得立法设立宗教,以确保政教分离。1971年,最高法院在莱蒙诉库茨曼案中,总结过往审判经验,将政教分离的判决标准确定为三条:政府立法须具有世俗目的,产生世俗效果,且不得导致政府与宗教之间有过度纠葛,即所谓的“莱蒙法则”。在接下来的至少20年中,“莱蒙法则”成为美国政教关系领域的主导性司法理论。随着司法实践的发展,“莱蒙法则”的三条标准均经历了不同程度的发展变革,以应对社会生活中复杂的政教关系问题。今天,“莱蒙法则”的光环在逐渐褪去,有关修正甚至废除“莱蒙法则”的呼声不绝于耳。但由于未能提炼出替代性的判断标准,“莱蒙法则”即便饱受争议,但至今仍是美国判定政教分离的重要准绳。
The First Amendment of the U.S. Constitution stipulates that no parliament should legislate to establish religion so as to ensure the separation of church and state. In the case of Leyman v. Kurtzman in 1971, the Supreme Court summarized the experience of the past trials and determined the criteria for the separation of church and state as three: the government’s legislation must have a secular purpose and have a secular effect and must not lead to any link between government and religion Excessive disputes, the so-called “Levin Law ”. For the next 20 years or so, “The Law of Lemmon” became the dominant judicial theory in the field of the relationship between state and church in the United States. With the development of judicial practice, the three standards of “Levin Law” have undergone various changes and changes in order to cope with the complicated relationship between state and religion in social life. Today, the aura of “the Law of Lemmon” is gradually fading, and voices are constantly heard about the amendment or even the abolition of the “Law of Lemmon.” However, because of the failure to extract alternative judgment criteria, even if the “Lehman’s Law” is controversial, it is still an important criterion for the United States to determine the separation of church and state.