Sentences with phrase «establishment clause test»

Notably, Gorsuch questioned the continuing vitality of Lemon v. Kurtzman, the 1971 Supreme Court decision setting forth a three - pronged establishment clause test which subsequently has been «criticized by many members of the Court, and a variety of legal scholars.»

Not exact matches

In the U.S., the Establishment Clause of the 1st Amendment to the Constitution is always being tested.

Under the test, first proposed by Supreme Court Justice Sandra O'Connor in a 1984 case from Pawtucket, Rhode Island, a display violates the Establishment Clause if it amounts to an official endorsement of religion, that is, if it suggests that the government approves a particular religious message (or disapproves such a message, though that issue does not regularly arise).

The required inquiry into «entanglement» has been modified and questioned, and in one case we have upheld state action against an Establishment Clause challenge without applying the Lemon test at all.

Thereafter, the Court applied the Lemon test in Establishment Clause cases, such as Aguilar v. Felton, 473 U.S. 402 (1985), overruled by Agostini v. Felton, 117 S. Ct. 1997 (1997) and its companion case, School Dist.

This Court has announced a three - part test for determining whether a challenged state statute is permissible under the Establishment Clause of the United States Constitution:

Courts traditionally turn to the Lemon test when evaluating laws that might raise Establishment Clause concerns.