Albert Mohler: Supreme Court Signals an End to the “Lemon Test”

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Townhall Review
June 27, 2019

This is Albert Mohler for Townhall.com.

Among the decisions coming out of the Supreme Court this term was a big case on religious liberty. By a 7-2 margin, the court found that the memorial cross in Bladensburg, Maryland could remain. The 40-foot cross—now on public land—has honored the World War I dead for nearly a hundred years.

It’s an enormous win.

A very key take-away is what the court did with the “Lemon Test”—the test of the constitutionality of government involvement when it comes to religion.

The problem with the Lemon Test—resulting from a 1971 case—is that it has always been subjective and often used in ways that are hostile to religious expression.

In his concurring opinion, Justice Neil Gorsuch declared simply, “Lemon was a misadventure”—and a majority of the justices made clear that “the Lemon Test” is no more.

That’s good news.

And by a convincing 7-2 majority, the Supreme Court of the United States said that the Bladensburg cross, and thus other similar crosses and religious expressions, can stand.

That, too, is very good news.

I’m Albert Mohler.

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