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| PDF Title : | Religion and American Law |
|---|---|
| Total Page : | 881 Pages |
| Author: | Paul Finkelman |
| PDF Size : | 4.3 MB |
| Language : | English |
| Source : | indianpdf |
| PDF Link : | Available |
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Religion and American Law
Significantly, Justice White wrote a concurring opinion that Justice Rehnquist joined. White concurred only in the judgment; he agreed that the program had a secular purpose and effect.
However, White refused to apply an entanglement test, because he believed that the Establishment Clause did not mandate such a test. The analysis of Justice White was significant for its renunciation of Lemon’s third prong, and his continuing attack on the test revealed the fragile status of the 5-to-4 Lemon opinion as precedent.
Since Roemer, the Court has moved away from the Lemon test to a focus on the issues of endorsement and coercion as the central factors of contemporary Establishment Clause jurisprudence.