<P> Subsequent to this decision, the Supreme Court has applied a three - pronged test to determine whether government action comports with the Establishment Clause, known as the "Lemon Test". First, the law or policy must have been adopted with a neutral or non-religious purpose . Second, the principle or primary effect must be one that neither advances nor inhibits religion . Third, the statute or policy must not result in an "excessive entanglement" of government with religion . (The decision in Lemon v. Kurtzman hinged upon the conclusion that the government benefits were flowing disproportionately to Catholic schools, and that Catholic schools were an integral component of the Catholic Church's religious mission, thus the policy involved the state in an "excessive entanglement" with religion .) Failure to meet any of these criteria is a proof that the statute or policy in question violates the Establishment Clause . </P> <P> In 2002, a three judge panel on the Ninth Circuit Court of Appeals held that classroom recitation of the Pledge of Allegiance in a California public school was unconstitutional, even when students were not compelled to recite it, due to the inclusion of the phrase "under God ." In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel's ruling . The case was appealed to the Supreme Court, where the case was ultimately overturned in June 2004, solely on procedural grounds not related to the substantive constitutional issue . Rather, a five - justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue . </P> <P> When the Louisiana state legislature passed a law requiring public school biology teachers to give Creationism and Evolution equal time in the classroom, the Supreme Court ruled that the law was unconstitutional because it was intended to advance a particular religion, and did not serve the secular purpose of improved scientific education . (See also: Creation and evolution in public education) </P> <P> The display of the Ten Commandments as part of courthouse displays was considered in a group of cases decided in summer of 2005, including McCreary County v. ACLU of Kentucky and Van Orden v. Perry . While parties on both sides hoped for a reformulation or clarification of the Lemon test, the two rulings ended with narrow 5--4 and opposing decisions, with Justice Stephen Breyer the swing vote . </P>

Where does it say seperation of church and state