Lemon v. Kurtzman 1971

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 129-133

Contenidos

• Tough times.
• The Lemon Test.
• Where's the freedom of religion?.
• The battle continues.
• Suggestions for further reading.

Page 129

Appellant: Alton J. Lemon, et al.

Appellee: David H. Kurtzman, Superintendent of Public Instruction of Pennsylvania, et al.

Appellant's Claim: That Rhode Island and Pennsylvania violated the First Amendment by paying the salaries of teachers of secular (non-religious) subjects in private, religious schools.

Chief Lawyer for Appellant: Henry W. Sawyer III

Chief Lawyer for Appellee: J. Shane Cramer

Justices for the Court: Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), William O. Douglas, John Marshall Harlan II, Thurgood Marshall (Rhode Island cases only), Potter Stewart, Byron R. White (Pennsylvania case only)

Justices Dissenting: Byron R. White (Rhode Island cases only)

Date of Decision: June 28, 1971

Decision: State laws allowing such payments violate the First Amendment separation of church and state.

Significance: The decision announced the "Lemon Test," a three-part test for determining whether a law violates the Establishment Clause in the First Amendment.

Page 130

In 1925, the U.S. Supreme Court decided that Americans have a constitutional right to send their children to private schools. Many private schools in America are religious. The question arose whether states can give money to private, religious schools to help them operate

Chief Justice Warren E. Burger. Courtesy of the Supreme Court of the United States.

Answering this question depends on the Establishment Clause of the First Amendment. The clause says, "Congress shall make no law respecting an establishment of religion." Although the First Amendment refers to the federal government, state and local governments must obey it under the Due Process Clause of the Fourteenth Amendment. The Due Process Clause prevents states and local governments from violating a person's right to life, liberty (or freedom), and property.

According to the Supreme Court, the Establishment Clause means government may not pass laws which "aid one religion, aid all religions, or prefer one religion over another." Some people think that this means states cannot give any help to religious schools, because that would be aiding religion. Over the years, however, the Supreme Court decided that states could give general help to religious schools if they give the same help to all schools, public...