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Washington, DC—The United States Supreme Court, which opens every session in prayer, will hear arguments tomorrow on prayer in public venues offered before local governing bodies. Liberty Counsel filed an amicus brief with the Court on behalf of the Town of Greece, in upstate New York, which was sued for opening its town meetings in prayer.

Liberty Counsel asked the Supreme Court to overturn the so-called “Lemon” test and adopt a new test, which provides that if a religious observance comports with history and does not coerce participation in a religious activity, then it would be deemed a permissible acknowledgment of religion. “The ‘Lemon’ test, which the Supreme Court invented, has caused confusion for decades and is not consistent with the First Amendment. It is past time to abandon that judge-made rule and return to the actual words and intent of the First Amendment,” says Mat Staver, Founder and Chairman of Liberty Counsel.

Federal lawsuits require that the complainant have standing, which means they must demonstrate that they have been injured by an act of government. Over the years, the Supreme Court has loosened the standing requirement for Establishment Clause claims, allowing people to file suit merely because they are offended. In Lemon v. Kurtzman, the Court ruled that religious activity must be diluted with secular influences. Described as a “ghoul in a late-night horror movie” by Supreme Court Justices Clarence Thomas and Antonin Scalia, the “Lemon” test has wreaked havoc on religious liberty.

“The so-called ‘Lemon’ test allows mere offended observers to overturn years of religious tradition,” says Staver. “The Court’s continuing reliance upon the ‘Lemon’ test has meant that the Establishment Clause, designed to prevent federal establishments of religion, has morphed into a weapon aimed at eliminating all vestiges of public religious expression,” Staver says. “Regarding the matter of prayer before public deliberative bodies, this is an easy question when the words and intent of the First Amendment control. The same Congress that approved the First Amendment voted to pay a chaplain to open every session with prayer. Under a real First Amendment analysis, this is a no-brainer,” concludes Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.
 

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