“Veiled psyche” and “secret motives”

April 18, 2013

  • 92 Constitutional Law
  • 92XIII Freedom of Religion and Conscience
  • 92XIII(A) In General
  • 92k1294 Establishment of Religion
  • 92k1295 k. In General.

92 Constitutional LawIn looking to a county’s predominant purpose under the Lemon test in an Establishment Clause challenge, a court cannot look to the veiled psyche of government officers or secret motives of county officials, and cannot undertake a judicial psychoanalysis of a drafter’s heart of hearts.
American Civil Liberties Union of Kentucky v. Rowan County, Ky., 513 F.Supp.2d 889 (E.D.Ky. 2007)