Page 17 - Lemon Test News Today : Breaking News, Live Updates & Top Stories | Vimarsana

>> 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 didn't 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 that's exactly what we have here. we have an order that on its face doesn't mention any denomination, but that is -- we have alleged and there's strong evidence already to support is intended to favor some religious groups over others and that is -- ...

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, solomn, law givers and it is done in that particular context. if it is done to say go to the bapti...

>> he's good at that. >> very good at it. for hobby lobby, it seems as though anthony kennedy created this no coercion rule, that the state can't coerce people to believe something religiously that they don't 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 trying to provoke the court into deciding the case because he wanted to use the no coercion rule wh...

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 there's 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 religion. >> we will go back to the law. the lemon test. oo 1971. >> if it meets it then you are al...

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. that's 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 comply with the lemon test and the donnelly case and are reinforced in a 2010 decision in sal doo...