Since 1971, Establishment Clause cases have been analyzed under the three-prong test articulated by the Supreme Court in Lemon v. Kurtzman. However, this test has often been criticized for producing inconsistent results. In addition, inconsistent application of the test by the Court, and conflicting philosophies among judges and scholars regarding the separation of church and state, have resulted in considerable objection to the Lemon test. In fact, at least five of the current Supreme Court Justices have expressed their dissatisfaction with the Lemon test as a workable framework for Establishment Clause analysis.
Wirt P. Marks IV,
The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel v. Center Moriches Union Free School District,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol27/iss5/7