Agostini v. Felton: Redefining the Establishment of Religion Through a Modification of the Lemon Test

Abstract

This Note will examine the facts surrounding the Agostini v. Felton decision, the reasoning of the decision, and the impact the decision will have on the litigation and debate of future similar issues. In Part II the historical background of Agostini is discussed. Part III contains a detailed explanation of the factual development of the Agostini litigation. Part IV analyzes the majority and dissenting opinions. Part V explores Agostini's probable impact. The Note concludes with a brief summary in Part VI.