The United States Constitution prohibits any law “respecting an
establishment of religion.” U.S. Const. Amend. I. The parties agree that the
appropriate test for determining whether Corbett’s statements were permissible
under the Establishment Clause is found in Lemon v. Kurtzman, 403 U.S. 602 (1971).
There, the Supreme Court established a three-pronged standard in its review
of Pennsylvania and Rhode Island statutes:
First, the statute must have a secular legislative purpose;
second, its principal or primary effect must be one that neither advances nor
inhibits religion;
finally, the statute must not foster an excessive government entanglement with religion.
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