By: Elizabeth Anne Walsh
The author examines the use of the three-prong Lemon Test in
Brown v. Gilmore,
258 F.3d 265 (4th Cir.), cert. denied, 524 U.S. 996 (2001), and in
six other moment-
of-silence statute cases. She argues that since the Test has
produced such disparate results its use should be abandoned for
moment-of-silence statutes and maintains that “A moment of silence
in which a student chooses to pray has not unconstitutionally
established prayer in the schools.”