Page 9 - Lemon Test News Today

>> well, your honor, we think we prevail under either test but we think this case is closer to larson because in larson, what you had was a facially neutral law. it didnt not mention religious domination by name but it did focus on religious groups and the result of it was to distinguish between them in a way that favored some and not others. and thats exactly what we have here. we have an order that on its face doesnt mention any denomination, but that is -- we have alleged and theres strong ev...

Not a fine line. it is a bright line. it may have more to do with what is written and captioned with that picture. you are talking about the lemon test. the third is not to foster excessive entanglement with religion. can you put up the picture without any caption, not a plaqplac plack. >> folks are trying -- plaque -- to say this is a historical rendition. >> or a universal symbol of peace and love. >> we have various symbols of peace and justice. >> sure. >> and we have a depiction of mohammed...

>> hes good at that. >> very good at it. for hobby lobby, it seems as though anthony kennedy created this no coercion rule, that the state cant coerce people to believe something religiously that they dont believe. how do you take that no coercion rule and vote in the town of greece case to allow for prayer before town council. how do you take that no coercion rule? i found that scalia worked in a certiorari denial in a religious case dealing with graduation in a church, he was working toward tr...

Out of the pledge in the administration was strong on that. it is inconsistent with the clash between religious conscious and contraception. when it comes to sex, if sex is involved the administration says theres no this is where they want to eye certificate the first amendment right. but when it has to do with town hall meetings it is not a political fight they want to take when it comes to reproductive rights they get involved. >> what do you make of this there is solidarity that will support ...

People will be afraid to enter the county building if they are not christians, they are trying to fit into the prongs. megyn: we are at point where it not okay if the nativity is there by itself. but stick the gnome. and if frosty the snowman would help your case. >> i love it. thats true. the law is clever and crafty. but they will lose because of it. we are joking about the gnome but that makes it more secular and not religious in nature. this particular nativity scene and christmas decoration...

Government to endorse it, okay? >> tony, i quote, many may disagree with that conclusion and some may view it as a criticism of prayer or those who pray. that is unfortunate. a determination that the message itself is harmful, unimportant or undeserving of dissemination. why are you calling for impeachment? >> theres two problems. one, i think this is a case of judicial activism, but also a case of judicial arrogance and ignorance. i mean, first off, this is a district court. district courts are...

Practice since the very first president of the united states dating back to george washington. so clearly theres a pattern here. theres a history. and she cites the lemon test which is a test that was first adopted in 1970s with regard to school and coercion. theres no coercion here. people have an opportunity to participate in the national day of prayer. >> but is it really the governments role to be declaring this? i mean, people can pray, as christopher said, all the time. >> people have been...