|PDF Title :||Religion and American Law|
|Total Page :||881 Pages|
|PDF Size :||4.3 MB|
|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.