The Lemon Test

• Used to determine if government policy is unconstitutional

• Three parts:– 1) reflects a clearly secular purpose– 2) has a primary effect that neither advances nor

inhibits religion– 3) avoids excessive government entanglement with

religionIf any of these 3 are not met, the action will be inViolation of the establishment clause

Prayer at Graduation

• Lee v. Weisman -• http://www.oyez.org/cases/1990-1999/1991/1991_90_1014/

• Did not address student-initiated prayer• Nor did it address whether students

could use prayer in their speeches• Decisions are based on who organizes the prayer

Prayer at Sporting Events

• Santa Fe Independent School District v. Jane Doe http://www.law.cornell.edu/supct/html/99-62.ZS.html

• Students giving pre-game prayer• School tried to work around by student-body voting for

it or not• Assumed school was supporting this • School argued that extra-curricular activities were not

mandatory• Cannot make student(s) forfeit rights to avoid state-

sponsored religious practice