Constitutional Law II

Endorsement Test

In Weisman, O'Connor set out a two prong test to determine whether or not an act is a government endorsement of religion:

  1. Is the city's actual purpose to endorse or disapprove religion?
    • The subjective intent of the speaker
  2. Does the practice in fact convey a message of endorsement or disapproval of religion?
    • The objective meaning

The endorsement test is kind of similar to the Lemon test.