University of California vs. Bakke
- Pennsylvania passed a law that allowed the local government to use money to teach religous lessons , activitys...etc
- Pennsylvania and Rhode Island statutes provided state aid to church-related elementary and secondary schools. A group of individual taxpayers and religious liberty organizations filed suit, challenging the constitutionality of the program. They claimed that, since the program primarily aided parochial schools, it violated the Establishment Clause.
Decision
Legal Question
8 votes for lemon
0 for Kurtzman
Is it constitutional for the state to provide financial assistance to religious schools for the cost of teaching secular subjects?
Decision
5 votes for bakke
4 against him
Rule of Law
Rational
Was a direct violation to the United States Constitution First amendment. The Court could find not evidence that the goal of the Pennsylvania or Rhode Island legislatures was to advance religion.
Rational
Breaks 14th amendment " equal rights among all races"
Race cant be a determining factor of what you get accepted into
Legal Question
Alton Lemon - Beleived they violated the first amendment , freedom of religion
David Kurtzman-
Lemon vs. Kurtzman
Can race be the sole determining factor of what youre accepted into?
Rule of law
To be valid, a statute must have a secular legislative purpose, must not advance or inhibit religion, and must not excessively deal with church and state.
Facts
- Race was the sole determiner "illegal"
- The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program
- Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected.
- Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.
Parties
Regents of the University of California
Allan Bakke- a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times.