Source: The Economist:
The way to determine whether the government is impermissibly “endorsing” religion, the courts later decided, is not to canvass actual citizens but to imagine how a reasonable observer would look upon a creche, a ten commandments display, a cross or a Jesus statue. Over the past generation, as the endorsement test has jostled with the frequently maligned, inconsistently applied Lemon test to form the backbone of the court’s establishment-clause jurisprudence, detractors have objected to Justice O’Connor’s interpretation on several grounds. And in a series of posts on Town of Greece at SCOTUSblog, some commentators are now proposing that the test be done away with.
Categories: Americas