The 1971 decision in Lemon v. Kurtzman created a three-part test for government action to avoid violating the establishment clause.
April 25, 2022 at 05:05 PM
5 minute read
Justices Neil Gorsuch and Brett Kavanaugh appeared hungry Monday to formally jettison a 1971 religion test for violations of the First Amendment’s establishment clause.
“Is Lemon in this case?” asked Justice Stephen Breyer, reacting to comments by Gorsuch and Kavanaugh during arguments in a high school football coach’s claim to speech and religion rights to pray on the field’s 50-yard line at the immediate end of each game.
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From left: U.S. Supreme Court Justice Neil Gorsuch,left, and Justice Brett Kavanaugh. Photos: Diego M. Radzinschi/ALM
