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Topic: Lemon test

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	Religious Liberty Archive : Rothgerber Johnson & Lyons LLP, Colorado Springs, CO
		Lemon is the case with major doctrinal significance, for here the Court majority announced for the first time a three-part test for determining whether a challenged governmental action passes constitutional muster.
		Applying the Lemon test in subsequent cases involving state aid to religious schools, the Court handed down a series of decisions that seemed contradictory.
		For a brief summary of the scholarly literature on the test, see the entry "Lemon Test" in Kermit L. Hall, ed., The Oxford Companion to the Supreme Court of the United States (New York: Oxford University Press, 1992).
	www.churchstatelaw.com /commentaries/lemonvkurtzman.asp (583 words)

	Brent G. Eilefson's Lemon--Nothing But Problems
		Without binding itself to any rigid, uncompromising test, the Supreme Court is once again ascertaining the merits of an Establishment Clause controversy based upon the intent of the framers' of the Constitution--simply, preventing the establishment of a national religion and the attenuating fear of the use of governmental power to coerce support for that religion.
		The resulting test pieced together by the majority, thereafter dubbed the Lemon test, was designed to prevent the three main evils against which the Establishment Clause was intended to afford protection: `sponsorship, financial support, and active involvement of the sovereign in religious activity.
		The test was set forth as follows: First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion...; finally, the statute must not foster an excessive government entanglement with religion.
	www.dudleyandsmith.com /wsbge.html (7815 words)

	firstamendmentcenter.org: Religious Liberty in Public Life - Establishment clause Index (Site not responding. Last check: 2007-09-10)
		ACLU and known as the “coercion test.” Under this test the government does not violate the establishment clause unless it (1) provides direct aid to religion in a way that would tend to establish a state church, or (2) coerces people to support or participate in religion against their will.
		Under such a test, the government would be permitted to erect such religious symbols as a Nativity scene standing alone in a public school or other public building at Christmas.
		The endorsement test is often invoked in situations where the government is engaged in expressive activities.
	www.firstamendmentcenter.org /rel_liberty/establishment/index.aspx (1727 words)

	Table of Contents
		Lemon test to reach the conclusion that a school board policy that was deliberately adopted to permit prayer before football games lacked a secular purpose.
		Lemon test still stands, more recent decisions by the Supreme Court have relied more heavily on a determination of whether the policy at issue either "endorses" religious belief or practice or "coerces" participation in religious activities.
		Lemon test, but also whether an ordinary student might construe the policy as endorsing religious beliefs or practices or whether the policy coerces participation in a religious activity.
	www.ga.unc.edu /pep/law/Academy/Read.Religion.Excerpt.htm (2311 words)

	[No title]
		Focusing on institutional entanglement and on endorsement or disapproval of religion clarifies the Lemon test as an analytical device.
		The entanglement prong of the Lemon test is properly limited to institutional entanglement.
		Focusing on the evil of government endorsement or disapproval of religion makes clear that the effect prong of the Lemon test is properly interpreted not to require invalidation of a government practice merely because it in fact causes, [465 U.S. 668, 692] even as a primary effect, advancement or inhibition of religion.
	www.positiveatheism.org /hist/oconnorlynch.htm (1943 words)

	“RESPONSE TO TIMOTHY SANDEFUR”
		The Court believed that this test is based on the history of the Court’s decisions on the matter of Church and State.
		Sandefur is correct that the Endorsement Test is not the test for establishment.
		The Court, however, has applied the endorsement test (or something similar to it in the pre-O’Connor era) to limit the communication of a viewpoint when the speaker (or inanimate proxy) is a representative or agent of the state, and/or whose religious views may be reasonably perceived as being endorsed by the state.
	homepage.mac.com /francis.beckwith/ts.htm (2432 words)

	Lemon laws, Magnuson-Moss Act, Uniform Commercial Code - Protecting your rights (Site not responding. Last check: 2007-09-10)
		The Lemon Laws are a group of state consumer protection statutes that provide you with certain rights if you have purchased or leased a defective automobile or other motor vehicle covered by a manufacturer's warranty.
		Additionally, almost all of the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting mechanism that provides that if you win your case, the manufacturer or dealer that sold you your lemon is required to pay your attorneys' fees.
		Typically, the period during which the Lemon Laws apply are relatively short; the defects and subsequent repair attempts (or out-of-service period) typically must occur during the first two-years or 24,000 miles that you own the vehicle.
	www.lemonhelpers.com /learn_about_lemon_laws.htm (1492 words)

	The Lemon Test (Site not responding. Last check: 2007-09-10)
		The Lemon test was formulated by Chief Justice Warren Burger in the majority opinion in Lemon v.
		The purpose of the Lemon test is to determine when a law has the effect of establishing religion.
		...[the test] has not been formally overruled and the basic principles on which it rests--no-aid- to-religion and the sacred-secular distinction--still form the core of what is the dominant line of reasoning dealing with public funds going to religious nonprofit organizations (p.
	members.tripod.com /~candst/tnppage/eclause2.htm (452 words)

	AUTO FRAUD LEGAL CENTER
		But in fact the Lemon Law covers problems that started during the warranty period (even with 10-year warranties), as long as the vehicle was brought in for repair during the warranty period for the specified complaint.
		As a general rule, a vehicle that suffers from a material defect(s) is a lemon if it remains unrepaired after a "reasonable" number of repair attempts (as little as two repair attempts in the case of safety defects).
		The Lemon Law contains another strong enforcement mechanism to deter manufacturers and retail sellers from violating consumers' rights: Defendants who willfully fail to comply with their obligations to repurchase or replace lemon products are subject to a civil penalty of up to two times the buyer's actual damages.
	www.rosnerandlaw.com /lemon_faqs.html (1073 words)

	Problems, Issues & Challenges For Those in Law Enforcement - Separation of Church and State: Are Chaplaincy Programs a ...
		The second prong of the Lemon test states that the principal or primary effect of a law or program must be one that neither advances nor inhibits the practice of religion.
		To the extent that one's status as a minister depends on some degree of adherence to the creed of, and is subject to control by, the denomination one serves, the agreement necessarily imposes a religious test for eligibility to a publicly funded office.
		The final question under the Lemon test is whether the challenged practice gives rise to an excessive government entanglement with religion.
	www.stevedavis.org /spiritofthelaw/sol1art4.html (1313 words)

	THE FEDERALISTS' PAPER: Analysis: ACLU V. CSRAB
		Kutzman, 403 U.S. 602 (1971) (The Lemon test has three prongs: (1) there must be a secular purpose; (2) its principle of primary effect must be one that neither advances nor inhibits religion; and (3) it must not foster an excessive government entanglement with religion.).
		She again modified the Lemon test, this time by collapsing the “effect” and “entanglement” prongs into a single prong: “the factors we use to assess whether an entanglement is ‘excessive’ are similar to the factors we use to examine ‘effect.’” Agostini, 117 S.Ct. at 1997; see Allegheny v.
		The tests in the area of Establishment Clause jurisprudence have become so confusing, distorted, and malleable that it is questionable whether they still serve as valuable “signposts” in evaluating the questioned conduct.
	users.law.capital.edu /federalistsociety/fp2/blakemot.htm (1090 words)

	Kitzmiller v. Dover: Decision of the Court
		The endorsement test emanates from the "prohibition against government endorsement of religion" and it "preclude[s] government from conveying or attempting to convey a message that religion or a particular religious belief is favored or preferred." Id.
		The test consists of the reviewing court determining what message a challenged governmental policy or enactment conveys to a reasonable, objective observer who knows the policy's language, origins, and legislative history, as well as the history of the community and the broader social and historical context in which the policy arose.
		As the endorseme nt test is designed to ascertain the objective meaning of the statement that the District's conduct communicated in the community by focusing on how "the members of the listening audience" perceived the conduct, two inquiries must be made based upon the circumstances of this case.
	www.talkorigins.org /faqs/dover/kitzmiller_v_dover_decision.html (9284 words)

	Judge Ryan's Dissent in ACLU v. McCreary County, Kentucky (2003)
		The three-part test represents a determined effort to craft a workable rule from a historically faulty doctrine, but the rule can only be as sound as the doctrine it attempts to service.
		After experiencing considerable difficulty applying the test to various Establishment Clause challenges, especially its second part which proscribes government action whose primary effect either advances or inhibits religion, the Court modified that part of the test to prohibit government action that has the principal or primary effect of "endorsing" religion.
		The second element of the Lemon test, as modified in Lynch, is whether a reasonable observer would believe that the challenged government action constitutes an "endorsement" of religion.
	www.belcherfoundation.org /mccreary_county_dissent.htm (8676 words)

	Celebrating Lemon
		The Lemon Test exemplifies what is, in my opinion, the fairest, the freest and the healthiest possible arrangement between religion and state.
		The Lemon Test is the Supreme Court standard for judging separation of church and state.
		The Lemon Test states that a law is in violation of the constitutional separation of church and state, unless it meets all of these three criteria:
	www.secularhumanism.org /library/shb/cherry_12_3.html (977 words)

	Lemon Battery
		Continue connecting the lemons by using alligator clips to bridge from lemon to lemon, connecting pennies to paperclips.
		The first and last lemons in the row will have a paperclip and a penny that are not wired to the rest of the battery.
		Lemons that are not working well can be adjusted by squeezing them to break up more of the tissue inside, moving the penny and the paperclip, or refastening the wires to the penny and the paperclip in slightly different locations.
	wow.osu.edu /experiments/electricity/lemon.html (711 words)

	Lemon - Lemon Manual
		The purpose of this document is to give someone who is new to the Lemon modules an overview of the design philosophy and software components of Lemon and to get them up and running with their first scripts with a tutorial.
		LEMON is designed to be an extremely thin layer to allow you to program any way you want as easily as possible whilst still giving you the functionality you require to get the job done.
		Lemon is a set of open source, Python modules for the rapid and convenient development of web-based database applications.
	lemon.sourceforge.net /doc/manual.html (8734 words)

	The framers would be sour on the "Lemon test"
		The "Lemon test" is a decidedly unsatisfactory and defective lemon to which the United States Supreme Court majority stubbornly and senselessly continued to adhere when it recently decided two cases involving public displays of the Ten Commandments: ACLU of Kentucky v.
		The so-called "Lemon test" requires a court to determine that (1) a challenged government action has a secular purpose; (2) the action's primary effect neither advances nor inhibits religion; and (3) the action does not foster an excessive entanglement with religion.
		The "Lemon test" is not only ambiguous and subjective, but predicated on a definition of establishment that the religious people who wrote and ratified the First Amendment never intended.
	www.renewamerica.us /columns/gaynor/050726 (1927 words)

	-- Beliefnet.com
		An appeals court panel used the "Lemon test" -- from the Supreme Court ruling in 1971's Lemon vs. Kurtzman -- to determine that the displays violated the constitutional ban on the establishment of religion.
		Under the three-pronged test, a government action does not violate the First Amendment if it is 1) secular in purpose, 2) neither inhibits nor promotes religion and 3) does not "entangle" government with religion.
		The appeals court noted that several members of the Supreme Court have said the Lemon test should be discarded, but until the full high court actually does so, it was still the law of the land.
	www.beliefnet.com /story/154/story_15408_1.html (894 words)

	Lemon Test is a lemon - 4Forums.com (Site not responding. Last check: 2007-09-10)
		re: the tests derived by the courts over the last 50 years to determine what is and is not constitutional under the Establishment Clause of the First Amendment.
		As the endorsement test is designed to ascertain the objective meaning of the statement that the District’s conduct communicated in the community by focusing on how “the members of the listening audience” perceived the conduct, two inquiries must be made based upon the circumstances of this case."
		A review of history leads to the conclusion that the tests derived by the courts are seriously flawed and that the courts have stretched the meaning of the establishment Clause to an irrational degree.
	www.4forums.com /political/showthread.php?t=7192 (885 words)

	Lemon Pound Cake - Southern Cooking (Site not responding. Last check: 2007-09-10)
		During the last 5 minutes of baking time, you will need to prepare the lemon syrup for drizzling over the top of the cake.
		Test the cake for doneness with a wooden skewer inserted in the top.
		Marble: When preparing the batter substitute the lemon extract with almond extract.
	www.bellaonline.com /articles/art20145.asp (416 words)

	Q
		Is the Lemon test replaced by the Mitchell test, or does Lemon cover
		However, it is important to know both Lemon and Mitchell, because the appeals courts still use Lemon, and the Supreme Court itself sometimes uses the Lemon test in religious cases.
		On the other hand, it remains to be seen if the Court will use Mitchell (which minimizes the "entanglement" strand of Lemon) in the future in contexts besides school aid.
	www.msu.edu /course/pls/321/final_faq.htm (350 words)

	Do Unto OthersProject-Church of the Science of God
		From its inception, the Lemon test has been controversial, and by the time this article is published (LIBERTY Magazine, July-August, 1994) the Supreme Court may have decided whether Lemon should remain the standard for deciding cases under the establishment clause, be modified, or hauled out with the trash.
		Two years later a unanimous Supreme Court echoed these sentiments: Under the Lemon analysis it is a permissible legislative purpose to alleviate significant governmental interference with the ability of religious organizations to define and carry out their missions.” The U. court of appeals said it best in the Purdy dance ban case.
		Thus, the government does not violate Lemon by declin- ing to impose a tax on religious and charitable organizations even though others may be required to pay the tax.
	www.dountoothers.org /lemontest.html (1229 words)

	The Lemon Test Adversely Affects Religious Freedom
		In that sense, the government is promoting a religious purpose and if the first and second prongs of the Lemon test were to apply, the Free Exercise Clause would necessarily fall because the government would not be pursuing a secular purpose, and the primary effect would be to advance religion.
		Unlike a book, a teacher cannot be inspected once so as to determine the extent and intent of his or her personal beliefs and subjective acceptance of the limitations imposed by the First Amendment.
		Kurtzman itself (through application of the "Lemon test") "prove[d] to be the first step in an inevitable progression" leading to ever-greater adverse effects on religious freedom.
	www.belcherfoundation.org /lemon_test.htm (4218 words)

	Lemon Grove Middle School Test Scores - Lemon Grove, California - CA
		The API system is designed to provide a view of test scores through a two- year, before and after cycle.
		Comparing the API Growth to the Base shows whether or not this school's test score performance improved between spring 2005 and spring 2006 (as reported in August 2006).
		A rank of 10, for example, means that the school's API fell into the top 10% of all schools in the state with a comparable grade range.
	www.greatschools.net /modperl/achievement/ca/5950 (586 words)

	California lemon law - Kemnitzer, Anderson, Barron & Ogilvie, LLP
		Contrary to popular Lemon Law myths, the California Lemon Law applies to all vehicles sold with a warranty, including used vehicles sold with a warranty.
		Under the California Lemon Law, if the consumer asks the manufacturer to repurchase or replace the vehicle before filing suit and the manufacturer unjustifiably refuses, the consumer may be awarded up to two times damages.
		If you have a good lemon law case, you would be entitled to either a replacement vehicle, or all your lease payments back, minus the statutory use deduction.
	www.lemonlaws.com (5376 words)

	www.myspace.com/lemontest
		Lemon Test is looking for a new lead singer!
		Lemon Test is currently looking for a singer and writing material for a full-length they plan to record in the near future.
		A life without Lemon Test concerts is no life at all.
	www.myspace.com /lemontest (949 words)

	[No title] (Site not responding. Last check: 2007-09-10)
		While the endorsement test is becoming more commonly used in Establishment Clause cases today, and while it has been supported by all nine Supreme Court Justices, the test continues to be flawed and not defined with enough precision to prevent the possibility of reaching multiple conclusions.
		Because the endorsement test can be used to come to the opposite conclusions reached by the Third Circuit, this proves the inability of the test to draw necessary lines between right and wrong conclusions in Establishment Clause cases.
		The ease with which the Third Circuit is able to misapply the endorsement test shows why the test should not be adopted over the Lemon test as the new standard.
	lawreview.kentlaw.edu /writing/KKW_preliminary_draft.doc (1205 words)

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