Jan 29, 2015
Liberty Counsel filed an amicus brief today and asked the Tenth Circuit Court of Appeals to overturn the so-called “Lemon” test in its decision on Felix v. Bloomfield.
Since 1971, the Lemon test has allowed mere offended observers to overturn years of religious tradition. In the case currently before the federal appeals court in Denver, two Wiccans were offended over a Ten Commandments monument on the grounds of the Bloomfield, New Mexico, municipal building.
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. It is past time to abandon that judge-made rule and return to the actual words and intent of the First Amendment.
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