The Agostini Test

The Lemon test was modified in Agostini v. Felton (page 244). Under the Agostini modification, there are only two prongs - purpose and effect. The effect of advancing or inhibiting religion is now reviewed, at least as stated in Agostini, by a focus on three factors:

(1) whether the program results in governmental indoctrination of religion;
(2) whether it defines its participants by reference to religion; and
(3) whether it creates an excessive entanglement between government and religion.

Therefore, excessive entanglement, instead of being a factor unto itself has become just one facet of the effect inquiry.