How can one tell what types of public displays are permissible under the Establishment Clause?
A.: Public display cases are usually decided by applying the first part of the Lemon test: whether there is a legitimate secular purpose behind the display. The background and intent behind the government’s decision to make a public display – whether historical, moral, religious or otherwise – will largely determine whether the display has a secular (as opposed to sectarian) purpose. Courts also consider the context in which the display is made, for example, what other items, if any, are part of the exhibition or display. In addition, courts consider whether a “reasonable observer” would view the display as primarily secular in nature. Q.: Why do disagreements regarding these types of public displays so often end up in court? A.: Assessing whether a public display respects an establishment of religion leaves much to the “eye of the beholder,” which in turn often leads to deep debates over a display’s constitutional permissibility. For example, reasonable people can reach differing conc
