Wednesday, June 09, 2021

Beckwith on Lemon

Andrew Koppelman

 The Law and Liberty blog has published my response to an essay by Prof. Francis Beckwith, who blames the leading Establishment Clause case, Lemon v. Kurtzman, for institutionalizing a governmental preference for secularism and hostility toward religion.  I respond that Lemon’s terms are too vague for it to have done any of that.  The test is so mushy that it could have no effect unless supplemented by unstated premises.  The premises that drove the Court in that decision have appropriately abandoned, but the Lemon test had nothing to do with it.

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