WhatFinger

The decisions from the Supreme Court involving the Christian flag and Coach Kennedy send a clear message that the ‘Lemon Test’ has finally been buried and government must not discriminate based on religious viewpoint

Death of “Lemon Test” Returns Religious Expression to America



WASHINGTON, D.C. – After years of judicial activists eradicating religious monuments and expressions of faith on public property because of the “Lemon Test,” major victories at the U.S. Supreme Court last year that led to the overturning of the legal test have changed the landscape in America.

The “Lemon Test” was binding authority for 51 years with 7,073 references in court opinions, administrative law decisions or other legal writings as cited on Thomas Reuters Westlaw. The legal test came out of the ruling in Lemon v. Kurtzman that has been used to determine if a law violates the First Amendment Establishment Clause. The High Court ruled in that case that a Rhode Island law that supplemented salaries of some parochial schoolteachers was unconstitutional.

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