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longship

(40,416 posts)
7. Furthermore, it says "respecting the establishment"
Mon Sep 9, 2013, 07:40 PM
Sep 2013

That word, "respecting", is all important to an appropriate interpretation enshrined in the Lemon Test (Lemon v Kurtzman, 1971).

Here it is (from Wiki):



1. The government's action must have a secular legislative purpose; (Purpose Prong)

2. The government's action must not have the primary effect of either advancing or inhibiting religion; (Effect Prong)

3. The government's action must not result in an "excessive government entanglement" with religion. (Entanglement Prong)

If any of these prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.


One of the great decisions by SCOTUS.

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