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By: Kaeden, Tay, and Cannon

Lemon vs Kurtzman

Supreme Court PBL

Case Overview

Case Overview

In this case, the Supreme Court had to decide if states could give money to religious schools to hire teachers even if it was specified that the teacher's couldn't teach religion.

Presented Question

Do statutes that provide state funding for non-public, non-secular schools violate the Establishment Clause of the First Amendment?

The Constitutional Question

In other words, could private, religious schools ask for money donations to aid the school financially?

The Supreme Court agreed to hear the Lemon vs Kurtzman case was because the Pennsylvania district courts rendered contradictory judgments, the U.S. Supreme Court agreed to hear the case in 1971.

Why did the Supreme Court agree to hear the case?

Court Decision

Court Decision

In an 8-1 ruling, the United States Supreme Court determined that both the Pennsylvania and Rhode Island statutes were an unconstitutional establishment of religion regardless of the intention of the legislatures to provide for the improvement of education.

Reasoning

The case was found unconstitutional because the Court found that two states violated the establishment clause by making state financial aid available to “church-related educational institutions.”

What was Important About the Case?

Significance

This decision established the three-part test for Establishment Clause claims namely, that government action (1) must have a primary secular purpose (non-religious), (2) may not have the principal effect of advancing or inhibiting religion, and (3) may not foster excessive entanglement with religion.

Thoughts:

Our overall view on the case

We believe that the original purpose of the legislature meant well, helping religious schools that lacked funding, but going to court about it was probably unnnecessary. In the end, though, we think this case was decided fairly

Cited Works

https://www.oyez.org/cases/1970/89 (“Home”)

“In Marsh v. Chambers, 463 U.S. 783 (1983), this Court upheld the practice of starting legislative sessions with an invocation, b.” Supreme Court, 20 May 2013, https://www.supremecourt.gov/qp/12-00696qp.pdf. Accessed 14 December 2022.

McGovern, Geoffrey. “Lemon v. Kurtzman I | The First Amendment Encyclopedia.” Middle Tennessee State University, https://www.mtsu.edu/first-amendment/article/437/lemon-v-kurtzman-i. Accessed 14 December 2022.

McGovern, Geoffrey. “Lemon v. Kurtzman I | The First Amendment Encyclopedia.” Middle Tennessee State University, https://www.mtsu.edu/first-amendment/article/437/lemon-v-kurtzman-i. Accessed 14 December 2022.

Sources/Work cited

“Lemon v Kurtzman Summary, Significance & Ruling | What is the Lemon Test? - Video & Lesson Transcript.” Study.com, 13 September 2021, https://study.com/academy/lesson/lemon-v-kurtzman-in-1971-summary-decision-significance.html. Accessed 14 December 2022.

https://globalfreedomofexpression.columbia.edu/cases/lemon-v-kurtzman/#:~:text=This%20decision%20established%20the%20three,foster%20excessive%20entanglement%20with%20religion.

{{meta.pagetitle}}. {{meta.siteName}}. (n.d.). Retrieved December 12, 2022, from https://www.oyez.org/cases/1972/71-1470

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