No More 'Lemon' Law? Supreme Court Rethinks Religious Establishment Analysis [June 21, 2019] [open pdf - 655KB]
From the Document: "The Supreme Court weighed in on the constitutionality of public monuments involving crosses and other religious symbols when it issued its decision in 'American Legion v. American Humanist Association' on June 20, 2019. Seven Justices agreed that the Bladensburg Peace Cross does not violate the First Amendment's Establishment Clause. But several separate opinions revealed divisions among the Justices on how to approach religious establishment claims--and more generally, disagreements about the proper role of sectarian religious displays in public life. As discussed in more detail in this previous Sidebar, 'American Legion' presented the Court with the opportunity to fundamentally rethink its Establishment Clause jurisprudence. While a majority of Justices appear to have abandoned a prior approach known as the 'Lemon' test, at least in the context of government use of religious symbols, there was no single majority opinion agreeing on what test should apply in future Establishment Clause claims. The decision therefore leaves significant room for debate on how to resolve Establishment Clause challenges."
CRS Legal Sidebar, LSB10315
Congressional Research Service: https://crsreports.congress.gov/