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Touro Law Review

Touro Law Review

Abstract

The Supreme Court in Kennedy v. Bremerton finally laid the three-pronged Lemon test to rest. Instead of Lemon and its progeny, Establishment Clause cases are now to be decided based upon the historical practices and understandings of our Founding Fathers. Subsequently, the Eleventh Circuit instructed the Middle District of Florida to its analysis in Rojas v. City of Ocala. In Rojas, a prayer vigil occurred in the City's public square and featured uniformed police chaplains singing and engaging in Christian prayers. After this Note was written and submitted for publication, the district court issued its decision in Rojas on remand granting plaintiff's motion for summary judgment which is consistent with the analysis provided in this Note. Following a careful review of the history of the Lemon test and its progeny, this Note examines the roots of the "new" historical-reference test.

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