Constitutional Law II

Religion in the Public Square

Religion in the public square cases usually use either the Lemon test, history and tradition test, or endorsement test.

Legislative prayer is usually allowed under the history and tradition test as long as it is not used to proselytize or degrade others or something.

For nativity scenes (crèches), the Court applies Lemon and the endorsement test.

Private religious speech is allowed in public forums (Like at school after hours and in parks). In fact, the government cannot discriminate against religion in allowing or disallowing someone to use a public forum for his speech.