Lemon test in North Carolina

6 North Carolina opinions name it 2 courts 1993–2011 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Edwards v. Aguillardgreen scotus · 1987 · cited in 3 North Carolina opinions naming this issue, 1994–2010 2 sentences 2010Edwards v. Aguillard, 482 U.S. 578, 583 , 96 L. 2010Edwards v. Aguillard, 482 U.S. 578, 583 , 96 L.	3	3
Lemon v. Kurtzmanred scotus · 1971 · cited in 3 North Carolina opinions naming this issue, 1993–2010 2 sentences 1994Under this analytical scheme, known as the Lemon test, to survive constitutional review: First, the statute must have a secular purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion ...; finally, the statute must not foster "an excessive government entanglement with religion." Id. at 612-13 , 91 S.Ct. at 2111 , 29 L.Ed.2d at 755 (citations omitted). 1994Under this analytical scheme, known as the Lemon test, to survive constitutional review: First, the statute must have a secular purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion ...; finally, the statute must not foster "an excessive government entanglement with religion." Id. at 612-13 , 91 S.Ct. at 2111 , 29 L.Ed.2d at 755 (citations omitted).	2	3
Wallace v. Jaffreegreen scotus · 1985 · cited in 2 North Carolina opinions naming this issue, 1994–1998 2 sentences 1994"The required inquiry into `entanglement' has been modified and questioned," and the entire Lemon test has been said to have "proven problematic." Wallace, 472 U.S. at 68 , 105 S.Ct. at 2496 , 86 L.Ed.2d at 51 (O'Connor, J., concurring). 1994"The required inquiry into `entanglement' has been modified and questioned," and the entire Lemon test has been said to have "proven problematic." Wallace, 472 U.S. at 68 , 105 S.Ct. at 2496 , 86 L.Ed.2d at 51 (O'Connor, J., concurring).	2	2
Agostini v. Feltongreen scotus · 1997 · cited in 1 North Carolina opinions naming this issue, 2011–2011 2 sentences 2011See, e.g., Agostini, 521 U.S. at 232-34 , 117 S. Ct. at 2014-15 . 2011See, e.g., Agostini, 521 U.S. at 232-34 , 117 S. Ct. at 2014-15 .	1	1
Board of Ed. of Kiryas Joel Village School Dist. v. Grumetgreen scotus · 1994 · cited in 1 North Carolina opinions naming this issue, 2011–2011 2 sentences 2011See Bd. of Educ. v. Grumet, 512 U.S. 687, 702-06 , 114 S. Ct. 2481, 2491-92 (1994) (addressing an alleged Establishment Clause violation by drawing from cases involving delegation of authority, monetary aid, and other governmental benefits). 2011See Bd. of Educ. v. Grumet, 512 U.S. 687, 702-06 , 114 S. Ct. 2481, 2491-92 (1994) (addressing an alleged Establishment Clause violation by drawing from cases involving delegation of authority, monetary aid, and other governmental benefits).	1	1
Roemer v. Board of Public Works of Md.green scotus · 1976 · cited in 1 North Carolina opinions naming this issue, 1994–1994 2 sentences 1994It has been criticized as being "blurred, indistinct, and variable" as well as "insolubly paradoxical." Roemer v. Maryland Public Works Bd., 426 U.S. 736, 768-69 , 96 S.Ct. 2337, 2355 , 49 L.Ed.2d 179, 200 (1976) (White, J., concurring, joined by Rehnquist, J. (now C.J.)). 1994It has been criticized as being "blurred, indistinct, and variable" as well as "insolubly paradoxical." Roemer v. Maryland Public Works Bd., 426 U.S. 736, 768-69 , 96 S.Ct. 2337, 2355 , 49 L.Ed.2d 179, 200 (1976) (White, J., concurring, joined by Rehnquist, J. (now C.J.)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Clark v. Penland green ncctapp · 2001 2 sentences 2004Both parties appeal. 346 Both parties acknowledge their appeals are interlocutory but contend that based upon this Court's decision in Clark v. Penland, 146 N.C.App. 288 , 552 S.E.2d 243 (2001) a substantial right is affected. 2004Both parties appeal. 346 Both parties acknowledge their appeals are interlocutory but contend that based upon this Court's decision in Clark v. Penland, 146 N.C.App. 288 , 552 S.E.2d 243 (2001) a substantial right is affected.	1	2004–2004
Texas Monthly, Inc. v. Bullock green scotus · 1989 2 sentences 1998In Texas Monthly, 489 U.S. 1 , 109 S.Ct. 890 , 103 L.Ed.2d 1 , the United States Supreme Court struck down, as a violation of the Establishment Clause, a sales tax exemption for religious publications where other publications were subject to the tax. 1998In Texas Monthly, 489 U.S. 1 , 109 S.Ct. 890 , 103 L.Ed.2d 1 , the United States Supreme Court struck down, as a violation of the Establishment Clause, a sales tax exemption for religious publications where other publications were subject to the tax.	1	1998–1998
Lamb's Chapel v. Center Moriches Union Free School District green scotus · 1993 2 sentences 1994The Supreme Court's conspicuous nonreliance on Lemon in Lee v. Weisman, ___ U.S. ___, 112 S.Ct. 2649 , 120 L.Ed.2d 467 (1992), led some, including Mr. Justice Scalia, to believe that the test had been 278 abandoned. [2] However, the Court resuscitated the oft-criticized Lemon test in Lamb's Chapel v. Center Moriches, ___ U.S. ___, 113 S.Ct. 2141 , 124 L.Ed.2d 352 (1993). 1994The Supreme Court's conspicuous nonreliance on Lemon in Lee v. Weisman, ___ U.S. ___, 112 S.Ct. 2649 , 120 L.Ed.2d 467 (1992), led some, including Mr. Justice Scalia, to believe that the test had been 278 abandoned. [2] However, the Court resuscitated the oft-criticized Lemon test in Lamb's Chapel v. Center Moriches, ___ U.S. ___, 113 S.Ct. 2141 , 124 L.Ed.2d 352 (1993).	1	1994–1994
Lee v. Weisman green scotus · 1992 2 sentences 1994The Supreme Court's conspicuous nonreliance on Lemon in Lee v. Weisman, ___ U.S. ___, 112 S.Ct. 2649 , 120 L.Ed.2d 467 (1992), led some, including Mr. Justice Scalia, to believe that the test had been 278 abandoned. [2] However, the Court resuscitated the oft-criticized Lemon test in Lamb's Chapel v. Center Moriches, ___ U.S. ___, 113 S.Ct. 2141 , 124 L.Ed.2d 352 (1993). 1994The Supreme Court's conspicuous nonreliance on Lemon in Lee v. Weisman, ___ U.S. ___, 112 S.Ct. 2649 , 120 L.Ed.2d 467 (1992), led some, including Mr. Justice Scalia, to believe that the test had been 278 abandoned. [2] However, the Court resuscitated the oft-criticized Lemon test in Lamb's Chapel v. Center Moriches, ___ U.S. ___, 113 S.Ct. 2141 , 124 L.Ed.2d 352 (1993).	1	1994–1994

Where else courts name it

TX 30 (1984–2017) CA 24 (1977–2018) AL 18 (1998–2026) NY 17 (1985–2006) WA 10 (1984–2018) MN 9 (1989–2016) NJ 8 (1992–2025) IL 8 (1988–2001) WI 8 (1986–2009) FL 6 (1994–2004) NC 6 (1993–2011) CO 5 (1986–2012) OK 5 (1983–2008) KS 5 (1993–1997) IN 4 (1996–2011) VA 4 (2000–2025) AR 4 (2000–2002) UT 4 (1993–2021) PA 4 (1989–2007) OH 4 (1999–2000) MD 3 (2003–2011) VT 3 (1994–2012) OR 2 (1986–2002) MO 2 (2007–2019) MT 2 (2012–2018) AZ 2 (1999–2009) ID 2 (1993–1993) MS 2 (2003–2005) MI 2 (2002–2005) MA 2 (1997–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check