[PatrickHenry]

The issue of motive of the supporters (on any side) is a legal sidebar.

Actually, motive is rather central. If the First Amendment were only about free speech, then the ID folks would have a free hand in government schools -- and so would everything else. But there is also the establishment clause. Free speech doesn't allow government agents to violate the establishment clause. That's why it's a necessary condition of state action that it must have a secular purpose.

[Alamo-Girl]

Thank you for your reply!

Actually, motive is rather central. If the First Amendment were only about free speech, then the ID folks would have a free hand in government schools -- and so would everything else. But there is also the establishment clause. Free speech doesn't allow government agents to violate the establishment clause. That's why it's a necessary condition of state action that it must have a secular purpose.

And that is the problem with the Lemon test - and the reason the Supreme Court already doesn't like Lemon and will no doubt move to repair the mess it has created once Alito is on the court.

[hosepipe]

[ But there is also the establishment clause. ]

The establishment clause protects religion from government, not government from religion.. unless you read it wrong, or omitted some text..

Amendment I = Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Note: does no law really mean some law.. or its none of government business WHAT religion does.?. I say that not having a religious bone in my body... I am a christian.. with christ is not about what you believe, its who you ARE, that counts..