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Lemon v. Kurtzman
Transcript of Lemon v. Kurtzman
The three linked cases, were all decided differently in the two lower courts, and the appeals were stuck together to be heard at the U.S. Supreme Court. Supreme Court In Rhode Island, the State was paying 15% of the salaries for school teachers.
As long as children attend schools, which currently are 90% of American children, there will always be issues with religion, so cases like Lemon v. Kurtzman may arise again in the future. Other: Rulings
By: Sarah Cobb and
Allie Ruckman The Majority Opinion
The Majority Opinion stated that laws passed that supported private-religious schools violated the 1st Amendment establishment clause, and was unconstitutional.
The Justices ruled (8) Lemon and (0) Kurtzman in the overwhelming majority opinion. Warren E. Burger wrote the majority opinion, and all but Thurgood Marshall, who did not participate, voted for Lemon. Concurring and
Three justices wrote concurring opinions on why they voted for the case. There was no dissenting opinion, as the vote was unanimous. Precedents:
The Lemon Test
The Lemon Test was the precedent that was established during this case, and it is the three steps that the supreme court uses to determine if some thing is a violation of the establishment clause.
"(1) it must have a secular legislative purpose
(2) its principle or primary effect must be one that neither advances nor inhibits religion, and
(3) it must not foster an excessive entanglement with religion" This law also allowed the local government to use money to fund religious educational programs The Lemon v. Kurtzman case was heard closely with two cases: Earley v. DiCenso (1971) and Robinson v. DiCenso (1971). All cases involved problems with laws in Pennsylvania and Rhode Island. David Kurtzman, who was, at the time, the superintendent of the Department of Public Instruction in Pennsylvania, said that it was unconstitutional to NOT help these schools, as that would violate the freedom of religion. Alton Lemon’s argument was that the law was a violation of the Constitution’s 1st Amendment which states that we are all created equal, and that statement overrides any laws passed by the state. hi hi At first, Kurtzman did not like the idea of the Lemon test. These kids represent Kurtzman and the lemons represent the Lemon Test. A new law was passed in the Non-public Elementary and Secondary Education Act of 1968. This law provided extra payments to teachers in private schools who taught religious-based material. Two Sides Lemon filed the case against David Kurtzman. Because of their disagreement... The Pennsylvania and Rhode Island laws took place on March 3rd of 1971 The Lemon v Kurtzman case's outcome had input from two different cases. They all dealt with states supporting private, religious education. 1) Everson v. Board of Education, 1947, ruled that it is constitutional for States to assist student transportation to religious schools
2) Walz v. Tax Commission, 1970, the Court made a precedent that “discouraged excessive entanglement" in church v. state cases. Let's take
a second to go a little more in-depth... http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/lemon.html Since the Lemon Test has been
made, cases that violate it
haven’t reached the Supreme Court
very much. There won’t be many cases like Lemon v.
Kurtzman in the future because this Supreme Court case
and the Lemon Test are so specific and will stop cases
like this in their earliest stages. Since Then Current Controversies From Now
On The Lemon Test was examined in detail with careful attention by Justices like Antonin Scalia and Clarence Thomas
The Supreme Court decided against overturning the Lemon Test in McCreary v. ACLU (American Civil Liberties Union) and the Lemon Test has been used in several other cases as recently as SFISD (Santa Fe Independent School District) v. Doe in 2000. Equality is always an ongoing issue. There will never be a way to make anything 100% equal. Fairness, on the other hand is something we can achieve. I am sure that cases involving religion will come before the Court again in the future and it will be all that the Justices can do to try to rule fairly. Thanks for watching! "Lemon v. Kurtzman | Casebriefs." Lemon v. Kurtzman | Casebriefs. N.p., n.d. Web. 21 Oct. 2012. <http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/first-amendment-religion/lemon-v-kurtzman/2/>.
"Lemon v. Kurtzman - Religious Freedom Page." Lemon v. Kurtzman - Religious Freedom Page. N.p., n.d. Web. 21 Oct. 2012. <http://religiousfreedom.lib.virginia.edu/court/lemo_v_kurt.html>.
"Lemon v. Kurtzman." Lemon v. Kurtzman. N.p., 03 Mar. 1971. Web. 21 Oct. 2012. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0602_ZS.html>.
"Lemon v. Kurtzman." Lemon V Kurtzman. N.p., n.d. Web. 21 Oct. 2012. <http://kids.laws.com/lemon-v-kurtzman>.
"LEMON v. KURTZMAN." Lemon v. Kurtzman. N.p., n.d. Web. 21 Oct. 2012. <http://www.oyez.org/cases/1970-1979/1970/1970_89>.
"Lemon v. Kurtzman." OrderintheCourt.org: Exposing Activist Judges, Restoring Rule of Law. N.p., n.d. Web. 21 Oct. 2012. <http://orderinthecourt.org/Cases/Lemon-v-Kurtzman>.
"Lemon v. Kurtzman." Wikipedia. Wikimedia Foundation, 16 Oct. 2012. Web. 21 Oct. 2012. <http://en.wikipedia.org/wiki/Lemon_v._Kurtzman>.
"Lemon v. KurtzmanÂ (1971)." About.com Agnosticism / Atheism. N.p., n.d. Web. 21 Oct. 2012. <http://atheism.about.com/od/churchstatedecisions/a/LemonKurtzman.htm>.
"Supreme Court Cases." Pearson Prentice Hall:. N.p., n.d. Web. 21 Oct. 2012. <http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/lemon.html>. Works Cited