Q: What are the priorities of the government to see if there is a establishment clause violation?
The modern-day Court’s approach is to apply the three-part Lemon test to see if there is an Establishment Clause violation (that is, to see if the Jeffersonian “wall” has been knocked down). The government action being challenged must:
(1) Have a secular (non-religious) purpose;
(2) Neither advance nor inhibit religion in its principal or primary effect; AND
(3) Not foster an excessive entanglement with religion.
a. Displays and Lemon: A creche display turns on its setting. Taken together, do all the religious symbols sufficiently diffuse any endorsement of religion (be it Christian, Jewish, etc., since Lee held non-sectarianism is still religious)? The Court looked at the locations of the display, its size, religious messages of or around the display, etc.
b. Prayer and Lemon: A non-sectarian prayer is still religious and must pass the Lemon test.
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