Let me understand. If government action would not have been taken but for
the religious purpose of those who take the action, then, according to
Marty, the action violates the Establishment Clause under the first prong of
the Lemon test. Such a but for test as a general matter in Establishment
Sorry for the additional post, but perhaps I misread Marty's proposal. He
talks not of a religious purpose but rather of a purpose to advance
religion. I suppose one can say that enactment of social welfare legislation
and abolition of slavery was not done for the purpose of advancing religion,
Yes, that's right, Mark. I do not mean to be referring to "religious motivation," but instead to be referring to a "but for" objective of promoting [expressly] [specifically] [uniquely] [your adjective here] religious actvities/beliefs/doctrines. Of course this is a very fluid concept -- but the
