The justices will apply a familiar legal test to decide the case. As in the Hobby Lobby case, they will consider whether the challenged government regulation placed a substantial burden on religious practices. If it did, the government must show that it had a compelling reason for the regulation and no better way to achieve it.
Despite a popular perception that the 8-1 decision ripped religion out of public schools by banning the ceremonial reading of Bible verses, prominent First Amendment scholars and educators say Abington v. Schempp marked a rare consensus among conservative and liberal justices that actually provided a framework for allowing religion into the public school curriculum. (Deseret News)