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