The Lemon Test and Allegheny

The "endorsement" test applied in County of Allegheny is really just a way to apply the second prong of the 3-prong "Lemon" test. Here is how the Court has stated the Lemon test:

In order to be valid under the EC, a law touching upon religion must satisfy each of these three requirements:

1. it must have a secular purpose

2. "its principal or primary effect must be one that neither advances nor inhibits religion"

3. it "must not foster an excessive government entanglement with religion"

The "endorsement test" is really a way of thinking about the first and (especially) the second prongs of the Lemon test--a law must not have the purpose or effect of endorsing religion, of expressing approval or disapproval of any religion or any religious belief.

But again, notice that the test is a two-edged sword--laws may neither advance or inhibit religion, neither endorse approval or disapproval of religion.

If including a Nativity display in the public square can be viewed by reasonable observers as "endorsing" approval of religion, can you argue that excluding all religious displays from a public square open to many secular ideas and celebrations can be viewed by reasonable observers as "endorsing" disapproval of religion? In other words, is strict religious cleansing of the public square neutral with respect to religion and religious citizens? Or does it inhibit religion?