stating that an alternative to the Lemon test, "which the Court set forth in Lee, is the so-called `Coercion Test,' under which school-sponsored religious activity is analyzed to determine the extent, if any, of its coercive effect on students"
How later courts described this case
- stating that an alternative to the Lemon test, "which the Court set forth in Lee, is the so-called `Coercion Test,' under which school-sponsored religious activity is analyzed to determine the extent, if any, of its coercive effect on students"
- viewing the Lemon test, the endorsement test, and the coercion test as separate methods by which an Establishment Clause violation can be found
- analyzing school district’s “Clergy in Schools” volunteer counseling program utilizing Lemon, endorsement, and coercion tests
- “plaintiffs bear the burden of proof on., their Establishment Clause claim”
Written by the judges who cited it.
The opinion
ORDER ON REHEARING
June 21, 1999
BY THE COURT:
A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.