What is the Lemon Test? Lemon v. Kurtzman [No. 86]

The Lemon Test, which is used to determine whether a law violates the Establishment Clause, came about in the 1971 Supreme Court case, Lemon v. Kurtzman. Has the Lemon Test been useful to evaluate such cases? What are the pros and cons of the test? This No. 86 video explores the history, effectiveness, and future of the Lemon Test.

As always, the Federalist Society takes no particular legal or public policy positions.

Differing Views:
The Lemon Test

It’s Not Just the Test That’s a Lemon, It’s How Some Some Judges Apply It

The Supreme Court’s Reasoning in the Bladensburg Cross Case Is a Mess

Brief of Muslim Advocates as Amicus Curiae, The American Legion v. American Humanist Association, January 30, 2019

Maryland cross case is a chance to rethink the establishment clause

The Lemon Test and the Establishment Clause: A Proposal for Modification

This Lemon Comes as a Lemon. The Lemon Test and the Pursuit of a Statute's Secular Purpose

[jsmn]

this video is so helpful lol i'm trying to do a research project on the lemon v. kurtzman case and this helped a TON

[susiecelek]

Thank you. This video was helpful and not super boring like everything I am looking up for my class right now

[Kinetochore-tihk]

"The Supreme Court has been hesitant to apply it in recent years."
I wonder why. 🤔 /s