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Lemon v. Kurtzman
Transcript of Lemon v. Kurtzman
"Lemon v. Kurtzman." Lemon V Kurtzman. Laws.com, 2013. Web. 15 May 2013.
Shultz, William A. "Religion And The U.S. Supreme Court." Religion And The U. S. Supreme Court - Cases (3 of 4). The Secular Web, 2001. Web. 16 May 2013. the Supreme Court ruled in favor of Alton Lemon.
found the passing of any state laws that establish a religious body is a direct violation of the Constitution
Violated separation of church and state
The verdict led to the creation of the Lemon Test
Lemon Test- a classification system used to see whether or not state laws regarding funding or creating religious institutions with public money violate the Constitution
ensures the general population’s interests take priority
prohibits the Federal Government from becoming overly religious or involved with a particular religious institution. The Decision The Opinions Majority opinion with 3 concurring votes.
Justice Douglas, Black, and Marshall concurred, saying the taxpayers' forced contribution to the religious schools violates the First Amendment.
Justice Brennan concurred, but he disagreed with statements in various opinions as violating a fundamental rule.
"What our decisions under the Establishment Clause have forbidden, are those involvements of religious with secular institutions which (a) serve the essentially religious activities of religious institutions; (b) employ the organs of government for essentially religious purposes; or (c) use essentially religious means to serve governmental ends, where secular means would suffice." My Opinion I agree with the opinion of the Supreme Court, but more so with the concurring opinion of Justices Douglas, Black, and Marshall. I don't think that taxpayers should be forced to fund any religious institution. It pushes the boundaries of keeping church and state separate too blurred for comfort. Lemon v. Kurtzman The Verdict The Case The Background Pennsylvania passed a law that allowed the local government to use federal money to fund programs that taught religious-based lessons and pay salaries of the religious teachers.
Law was passed under the Non-public Elementary and Secondary Education Act of 1968
Alton Lemon filed the case against David Kurtzman, the acting Superintendent of the Department of Public Instruction in the State of Pennsylvania.
Took place in 1971 The Issue Pennsylvania violated the 1st Amendment; the Constitution doesn't allow the establishment of state laws that combine the interests of an organization with the interests of the state’s population.
It violates the separation of Church and State
The government was putting interests of the organization above those that appeal to the population.