Lemon/Endorsement Test

 Lemon Test:

  “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion . . . ; finally, the statute must not foster ‘an excessive government entanglement with religion.’ ”

 

Lemon/Endorsement Test:

This is a gloss on the Lemon test that states that for a government practice to be constitutional under the Establishment Clause, neither its purpose nor its effect must endorse a message approving or disapproving of religion.

 

Notice that the endorsement test prohibits the government from endorsing a message of either approval or disapproval of religion. What is an example of a government practice that endorses disapproval of religion?