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The Lemon test was formulated by Chief Justice Warren Burger in the majority opinion in Lemon v. Kurtzman (1971). Lemon dealt with Rhode Island and Pennsylvania programs that supplemented the salaries of teachers in religiously based, private schools for teaching secular subjects. The Court struck down both programs as violating the establishment clause.

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The 3 components of the lemon test:

  1. The government's action must have a secular legislative purpose;
  2. The government's action must not have the primary effect of either advancing or inhibiting religion;
  3. The government's action must not result in an "excessive government entanglement" with religion

"If any of these three prongs are violated, the government's action is deemed 'unconstitutional'..."

Lemon v. Kurtzman 1971

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Q: What are the three components of the lemon test?
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