The Lemon test (in its original form):
A challenged government program is constitutional if it
satisfies all three parts of the 3-part test:
(1) it must have a secular legislative purpose (that is not a
sham); and
(2) a primary effect that neither advances nor inhibits
religion; and
(3) it cannot create an excessive government entanglement with
religion (with a religious entity).
(1) In applying the Lemon test, there must be a secular
purpose, but the secular purpose does not have to be the only
purpose or the primary purpose. It does, however, have to be
an actual purpose rather than a sham. A sham purpose would be
a fictitious purpose that the government has fabricated to
avoid its action being invalidated on Establishment Clause
grounds.
(2) The effect prong is the most difficult to apply. The
government is unlikely to be viewed as advancing religion if
it distributes a neutral benefit (such as free bus
transportation or school lunches) that aids religious schools
only indirectly and is distributed to a broad range of
beneficiaries that include all schoolchildren (whether they
attend public or private schools and whether the private
schools are religious or nonreligious schools). However,
direct aid to parochial schools that can be used to support
its religious mission would violate the effect prong.
(3) Excessive entanglement involves the government working
together with a religious entity. Certain forms of interaction
are not constitutionally problematic. For example, excessive
entanglement does not exist where there is only administrative
cooperation (filling out forms such as the attendance forms in
Zorach, providing financial information, occasional
inspections, etc.) between the government and a religion or a
religious entity like a parochial school. On the other hand,
pervasive monitoring of the teachers at a parochial school by
the government would be excessive entanglement. In addition,
if the government delegates governmental power to a religious
entity, the relationship will be viewed as creating excessive
entanglement.