Contributions by ‘Vincent Phillip Muñoz’

Strange as it may seem, as of this writing (summer of 2023), it is not exactly clear what the Establishment Clause prohibits. In Kennedy v. Bremerton School District (2022), the Supreme Court announced that the “Lemon” and “endorsement” tests had been “abandoned,” meaning, presumably, that the federal judiciary should no longer utilize these “wall of separation” doctrines. But it did not clarify the rule or test judges should use in future Establishment Clause cases. Instead, the Court resolved the question of whether a public school’s football coach could pray on the field after games using the Free Exercise and Free Speech Clauses.