Which test is championed by Chief Justice Rehnquist?

• A. Endorsement Test
• B. Nonpreferentialist Test
• C. Strict Separation
• D. Bad Tendency Test

Answer: (B)

This item tests how the Court evaluates government action toward religion under the Establishment Clause. Chief Justice Rehnquist promoted a nonpreferentialist approach, meaning the government should be neutral toward religion: it may aid religious institutions in a manner that does not favor or promote religion over nonreligion, and it should avoid signaling endorsement of religion. This emphasis on neutrality—neither endorsing nor coercing religion—best fits Rehnquist’s judicial philosophy and his opinions in Establishment Clause cases.

That’s why the nonpreferentialist test is the best answer. It captures his stance that government action can be permissible if it treats religious and nonreligious interests neutrally, rather than imposing an outright endorsement of religion. The endorsement test centers on whether the government’s action communicates approval of religion, which is not the specific standard Rehnquist championed. The other options describe different concepts or tests that aren’t associated with his approach, such as strict separation rhetoric or the historical bad-tendency idea from speech doctrine.