The verdict is based in part on the actions of the board, as the judge has ruled that any reasonable observer would conclude that they were attempting to advance religion.

It is important to stress that the purpose forbidden by Lemon is the purpose to "advance religion."

The group is concerned that, instead of advancing freedom of religion, the Charter would advance religion and inhibit the religious freedom of those in minority religions and the non-religious.

Justice White also said that the law "is not unconstitutional simply because it allows churches to advance religion, which is their very purpose."

Only laws in which "the government itself had advanced religion through its own activities and influence" present constitutional problems, he said.

Since the loans were suitable for both religious and public schools, the government was not serving to advance religion.

Some First Amendment experts said that giving federal grants to preserve religious sites seemed to be constitutionally permissible because they were not grants to advance religion or worship.

For the second prong, the test requires that the primary effect of the action must not advance or inhibit religion.

But he added that the law was unconstitutional for two reasons: Its "primary effect" is to advance religion, and it "fosters an excessive entanglement between Government and religion."

Under those criteria, the court had to decide if the symbol had a secular purpose, whether its primary effect was to advance religion and whether it created excessive government entanglement with religion.