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How does the U.S. Supreme Court determine if something violates the Establishment Clause?

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The U.S. Supreme Court employs several tests to determine whether something violates the Establishment Clause. The most prominent is the so-called “Lemon test” from the Court’s 1971 decision Lemon v. Kurtzman. The Lemon test requires that the government have a secular purpose, that government regulation does not have a primary effect of advancing or inhibiting religion, and that it does not create an excessive entanglement between church and state.

Justice Sandra Day O’Connor introduced another test, which she called a “refinement” of the Lemon test. Her endorsement test asks whether a reasonable observer, familiar with the underlying circumstances, reasonably would believe that the government is endorsing religion.

The Handy Law Answer Book

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