For holidays, High Court rejection of ‘Lemon Test’ bitter for skeptics, sweet for believers (SLIDESHOW)

NORTH CENTRAL OHIO — The separation of church and state continues to erode. Although never mentioned in the Constitution, the deep-rooted ‘Lemon Test‘ had been exerted by courts to censor religious speech on public spaces. But at the end of this past Supreme Court session, the High Court cancelled this restriction, which could impact generations.

“Cities, states, schools, and other public places are free once more to display Christmas nativities, Hannukah menorahs, and other symbols of religious Holy Days,” says Mat Staver, Chairman and Founder of The Liberty Counsel. “The Court finally struck down the judicial activist decision known as Lemon v. Kurtzman that had been used to attack Christian values, symbols, faith, and principles for fifty-one years. This is a resounding win for both Free Speech and Free Exercise of Religion.”

In May of 2022, the U.S. Supreme Court ruled 9-0 against the City of Boston when it unlawfully allowed fifty different flags to fly in its city plaza, but prevented the Christian flag from being flown. This past year, the Supreme Court cited the Shurtleff v. Boston case when it determined the Bremerton School District violated Coach Joe Kennedy’s First Amendment rights, saying prayers amounted to private speech and could not be restricted by the school district.

Since 2021, Staver’s Liberty Counsel law firm has won all nine of its cases it has argued or briefed before the Supreme Court. Staver believes there is a crucial difference between government endorsement of religion and private speech.

“Censoring religious viewpoints in a public forum where secular viewpoints are permitted is unconstitutional. Praise God for a High Court that has reversed the errors of previous “activist” judges and Justices! The Supreme Court has restored the First Amendment, preserving the right to religious freedom and speech,” exclaims Staver.

The Court stated that the City of Boston violated the Constitution by censoring Camp Constitution’s private flag in a public forum open to “all applicants” merely because the application referred to it as a “Christian flag.” Contrary to the City of Boston’s position that flying the Christian flag violated the Establishment Clause, the Supreme Court ruled that censoring the Christian flag was, in fact, religious viewpoint discrimination and violated the First Amendment.

Besides triggering review of local and state government flag-flying policies nationwide, the Shurtleff v. Boston decision was cited in the 6-3 SCOTUS ruling in favor of high school football coach Joe Kennedy, who was fired for silently praying on the field after games.

Building on the 9-0 win in Shurtleff, the Supreme Court overturned the draconian precedent going back to the 1971 case known as Lemon v. Kurtzman. The so-called “Lemon Test” had been used to censor religious words, symbols, images, and displays. The Shurtleff decision combined with the Coach Kennedy ruling was the nail in the coffin for the Lemon Test, setting a new standard that provides greater protections for Christian viewpoints.

With victories involving the Bladensburg Peace Cross, the Christian flag, and Coach Kennedy, the First Amendment is not going away anytime soon; much to the chagrin of Big Tech and Deep State operatives.

“As a result of our work overturning this Lemon, we are free to celebrate Christmas, says Mat Staver. “Antireligious entities can no longer force the censorship of Nativity scenes, Menorahs or other symbols of religious holy days.”

Religious displays on public spaces abound in the Buckeye Bible Belt; communities not exercising their First Amendment rights are the exception. Looks like political correctness will have to sit on the sidelines for this one.

The Bottom Line:

The Bible says in Psalm Nineteen, “The heavens declare the glory of God; the skies proclaim the work of his hands. Day after day they pour forth speech; night after night they display knowledge. There is no speech or language where their voice is not heard.”

View slideshow below of religious displays on public spaces in North Central Ohio.

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