11 May 2023

I told you the Lemon test was important

I’ve been expecting new bills in the US that re-introduce “intelligent design” into schools. Reason? The Kennedy v. Bremeton School District ruling in 2022. 

Surprisingly, a lot of people do not seem to think this is likely.

But state legislators sure noticed the court case.

You may have heard that there was a bill introduced into the Texas legislature to require schools to display the Ten Commandments of the Bible (88R SB1515). It’s passed the Senate.

The analysis of the bill includes a section on the intent of the bill. And it’s super clear: the bill is being pushed because the Kennedy ruling said the Supreme Court was abandoning the Lemon test.

This legislation only became legally feasible with the United States Supreme Court's opinion last year in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022), which overturned the Lemon test under the Establishment Clause (found in Lemon v. Kurtzman, 403 U.S. 602 (1971)) and instead provided a test of whether a governmental display of religious content comports with America's history and tradition.

If the loss of the Lemon test was an open invitation for lawmakers to display religion in schools, why on earth would they stop with displays? Why would you not start to push for religious instructions in public schools?

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