Question

Read this passage:a state passes a law that orders all state courthouses to openly display passages from christian, muslim, jewish, hindu, and buddhist texts that discuss the importance of religion and spirituality. the law states that the passages must be displayed because all justice should be based on faith in a supreme being. an atheist sues the state, claiming that displaying the passages violates his first amendment rights.according to the lemon test, should the supreme court find the law constitutional or unconstitutional, and why

Answer 1

The answer is Unconstitutional, as its purpose is spiritual rather than secular. (APEX)

Answer 2

The law would be unconstitutional.

The "Lemon test" is named after Alton Lemon, the plaintiff in the case Lemon v. Kurtzman (1971). It is used in order to analyze legislation concerning religion. It consists of three principles:

1. The statute must have a secular legislative purpose. (Also known as the Purpose Prong)
2. The principal or primary effect of the statute must not advance nor inhibit religion. (Also known as the Effect Prong)
3. The statute must not result in an "excessive government entanglement" with religion. (Also known as the Entanglement Prong)

In this case, the effect of the statute is to advance religion, as it claims that "all justice should be based on faith in a supreme being." It also results in excessive government entanglement with religion. Therefore, it violates the Lemon test.