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To: circlecity
Currently, the Supreme Court applies a three-pronged test to determine whether legislation comports with the Establishment Clause, known as the “Lemon Test”.

First, the legislature must have adopted the law with a neutral or non-religious purpose.

Second, the statute's principal or primary effect must be one that neither advances nor inhibits religion.

Third, the statute must not result in an excessive entanglement of government with religion.

191 posted on 11/08/2010 7:06:39 PM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: TornadoAlley3

The Lemon test is just one of several establishment clause cases setting requisites which even Justice Breyer admits are irreconcilible. Obviously the prayer before a session of congress opens or the phrase “In God We Trust” on currency funks the “Lemon” test but passes the “ceremonial language or practices” test. In any event, if we can’t separate the specific provisions of sharia law from the religion that informs them then the word “religious” has become a meaningless weasle-word that can be twisted to one’s purpose. Of course this type of sophistry is what makes up 90% of the practice of constitutional law.


192 posted on 11/08/2010 7:16:51 PM PST by circlecity
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