For more than 40 years, courts have decided whether a certain action violates the principle of church/state separation by applying the Lemon Test. There are three parts to it:
1) The statute must not result in an “excessive government entanglement” with religious affairs.
2) The statute must not advance or inhibit religious practice
3) The statute must have a secular legislative purpose.
That’s it. It’s that simple. If any of those three prongs are violated, the statute is considered unconstitutional and in defiance of the Establishment Clause.
And now, the Christian right group Liberty Counsel wants to do away with the test because they think it hampers their ability to foist Christianity on the rest of us. In an amicus brief filed in response to the case of Felix v. Bloomfield — in which Wiccans are suing the city of Bloomfield, New Mexico over a Ten Commandments monument on city property — attorney Mat Staver explains how, because we’re totally a Christian nation, government officials should be allowed to put up Christian displays: