Is it Time to Overrule the Lemon Test?


The Supreme Court has expressed concern over the Lemon test in determining whether the government has seemingly endorsed religion.  Most recently, concern arose in Kennedy v. Bremerton School District where a football coach at a public high school was put on administrative leave for praying silently on the 50-yard line after every game.  During oral arguments, Justice Gorsuch expressed that “tolerating private religious speech is not endorsement” and that the Lemon test has caused tremendous confusion amongst schools.  

The Lemon test is a three-pronged test that evaluates whether law or governmental activity violates the First Amendment establishment clause.  The Lemon test ensures that there is not excessive governmental entanglement with religion.  The three factors the courts look to are (1) the character and purpose of the institution that benefited, (2) the nature of the aid the state was providing, and (3) the resulting relationship between the government and religious institution.  If the program failed any part of the test, it would render the governmental aid unconstitutional. 

Despite consistent confusion posed by the Lemon test, it is unclear if the Court is ready to overrule the decision in Lemon v. Kurtzman where the rule was created.
 

About Faruqi & Faruqi, LLP

Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.

Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.

To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.

Tags: faruqi & faruqi, investigation, news, litigation, settlement notice, case, faruqi law, faruqi blog, faruqilaw, Annabel Stanley, employment litigation Faruqi & Faruqi Faruqi & Faruqi

New York office
Tel: (212) 983-9330
Fax: (212) 983-9331

Finding us

Our Offices


Our offices are nationwide. If you have any questions about a case or our firm, please contact us.

New York

685 Third Avenue 26th Floor
New York, New York 10017
(212) 983-9330
(877) 247-4292
(212) 983-9331

California

1901 Avenue of the Stars Suite 1060
Los Angeles, California 90067
(424) 256-2884
(424) 256-2885

Georgia

3565 Piedmont Road NE Building Four, Suite 380
Atlanta, Georgia 30305
(404) 847-0617
(404) 506-9534

Pennsylvania

1617 JFK Boulevard, Suite 1550
Philadelphia, Pennsylvania 19103
(215) 277-5770
(215) 277-5771

Faruqi & Faruqi office in New York, New York

Faruqi & Faruqi office in Los Angeles, California

Faruqi & Faruqi office in Atlanta, Georgia

Faruqi & Faruqi office in Philadelphia, Pennsylvania