In an influential 1995 law review article, Kent Greenawalt crafted the image of "Shards of Lemon" to illustrate the deep divisions that had emerged among Supreme Court Justices over the landmark 1971 Establishment Clause case Lemon v. Kurtzman. As Greenawalt observed, although the Court did not formally disavow or overrule Lemon, the Justices differed sharply over the viability, interpretation, and application of each of the three prongs of the Lemon test. Greenawalt's imagery and analysis continue to provide a helpful framework for an updated assessment of the status and feature of the Establishment Clause. The Justices remain deeply divided in their approaches to the Lemon test and, more broadly, to the meaning of the Establishment Clause. This Article suggests that, although a number of factors have contributed to the splintering of the Court in its Establishment Clause jurisprudence, one of the key issues of contention has revolved around attitudes toward the perspectives of religious minorities and nonbelievers. [ABSTRACT FROM AUTHOR] Copyright of Chicago Kent Law Review is the property of Chicago Kent Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Samuel J. Levine,
A Look at the Establishment Clause through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers,
Chi.-Kent. L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol87/iss3/5