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