Abstract

The establishment clause of the first amendment to the United States Constitution prohibits Congress from making any law respecting the establishment of religion. Since 1971 the three-part test articulated by Chief Justice Burger in Lemon v. Kurtzman has guided the Court's analysis of issues involving the establishment clause almost exclusively. Under this test, the Court will uphold the constitutionality of a governmental enactment only if it meets all three of the following criteria: 1) the enactment or action has a secular legislative purpose; 2) its principal or primary effect neither advances nor hinders religion; and 3) it does not create an excessive government entanglement with religion.

This Note begins with a discussion of Lemon and the three-part test it prescribes for resolving establishment clause controversies. Next, this Note traces the development of each part of the Lemon test up to Bowen v. Kendrick. Finally, it reveals the Court's departure from Lemon and seeks to clarify the effects Bowen will have on future establishment clause controversies.

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