In evaluating Establishment Clause challenges, courts most commonly apply the Lemon test, which includes secular purpose, neutrality, and which third factor?

• A. Entanglement
• B. Endorsement
• C. Nonpreferentialism
• D. Accommodation

Answer: (A)

In the Lemon test, courts evaluate three aspects when measuring Establishment Clause challenges: a secular purpose, neutrality in effect, and a third requirement that looks at how government action interacts with religion. This third factor is entanglement. It asks whether the government’s involvement with religious institutions or practices goes beyond mere policy and creates an ongoing, close relationship that could lead to government control or influence over religion. If such entanglement is excessive, the action fails the test.

Endorsement, nonpreferentialism, and accommodation describe other ways people think about church-state relations, but they are not the third prong of the Lemon framework. Endorsement considers whether a government action communicates approval of religion; nonpreferentialism refers to avoiding favoritism toward or against religion; accommodation deals with how much government accommodation of religion is allowed. The specific third factor of the Lemon test is entanglement, which is why that option best fits.