John Roberts History on Church/State Separations Test

Roberts has consistently advocated abandonment of the “Lemon test,” which the Supreme Court has applied in Establishment Clause cases for more than thirty years. ( See SG Brief in Lee v. Weisman , 505 U.S. 577 (1992), at 5) The Lemon test forbids government officials from acting with a religious agenda, endorsing religion, or excessively entangling government and religion. Five of the current Justices including Justice O'Connor continue to support the Lemon test; four do not. See McCreary County v. ACLU of Kentucky , No. 03-1693 (June 27, 2005). Roberts advocates replacement of the Lemon test with the more permissive “coercion” test. ( See SG Brief in Lee , at 8), a test that Justice O'Connor has said runs contrary to “settled law” ( Lee , 505 U.S. at 618).