Alton J. Lemon, et al. v. David H. Kurtzman, Superintendent of Public Instruction of Pennsylvania, et al.; John R. Earley, et al. v. John DiCenso, et al.; William P. Robinson, Jr. v. John DiCenso, et al.
Citations
403 U.S. 602 (more)
91 S. Ct. 2105; 29 L. Ed. 2d 745; 1971 U.S. LEXIS 19
Prior history
Lemon v. Kurtzman, 310 F. Supp. 35 (E.D. Pa. 1969); DiCenso v. Robinson, 316 F. Supp. 112 (D.R.I. 1970)
Subsequent history
On remand to 348 F. Supp. 300 (E.D. Pa. 1972), aff'd, 411 U.S. 192 (1973)
Holding
For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must (1) have a legitimate secular purpose, (2) not have the primary effect of either advancing or inhibiting religion, and (3) not result in an excessive entanglement of government and religion.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun
Case opinions
Majority
Burger, joined by Black, Douglas, Harlan, Stewart, Marshall, Blackmun
Concurrence
Douglas, joined by Black, Brennan, Marshall (who filed a separate statement)
Concur/dissent
White
Laws applied
U.S. Const. amend. I; R.I. Gen. Laws Ann. 16-51-1 et seq. (Supp. 1970); Pa. Stat. Ann. tit. 24, §§ 5601-5609 (Supp. 1971)
Lemon v. Kurtzman, 403 U.S. 602 (1971),[1] was a case argued before the Supreme Court of the United States. The court ruled in an 8–1[2] decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private schools, from public textbooks and with public instructional materials. The decision also upheld a decision of the United States District Court for the District of Rhode Island, which had struck down the Rhode Island Salary Supplement Act providing state funds to supplement salaries at private elementary schools by 15%.[3] As in Pennsylvania, most of these funds were spent on Catholic schools.
Contents
1Lemon test
2Later use
3See also
4References
5Further reading
6External links
Lemon test[edit]
The Court's decision in this case established the "Lemon test" (named after the lead plaintiff Alton Lemon),[4] which details legislation concerning religion. It is threefold:
The statute must have a secular legislative purpose. (Also known as the Purpose Prong)
The principal or primary effect of the statute must not advance nor inhibit religion. (Also known as the Effect Prong)
The statute must not result in an "excessive government entanglement" with religion. (Also known as the Entanglement Prong)
Factors.
Character and purpose of institution benefited.
Nature of aid the state provides.
Resulting relationship between government and religious authority.
If any of these prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
The act stipulated that "eligible teachers must teach only courses offered in the public schools, using only materials used in the public schools, and must agree not to teach courses in religion." Still, a three-judge panel found 25% of the State's elementary students attended private schools, about 95% of those attended Roman Catholic schools, and the sole beneficiaries under the act were 250 teachers at Roman Catholic schools.
The court found that the parochial school system was "an integral part of the religious mission of the Catholic Church," and held that the Act fostered "excessive entanglement" between government and religion, thus violating the Establishment Clause.[1]
Held: Both statutes are unconstitutional under the Religion Clauses of the First Amendment, as the cumulative impact of the entire relationship arising under the statutes involves excessive entanglement between government and religion.[1]
Later use[edit]
Conservative Justices, such as Clarence Thomas and Antonin Scalia, have scrutinized the application of the Lemon test.[5] The test was compared to a "ghoul in a late night horror movie" by Justice Scalia in Lamb's Chapel v. Center Moriches Union Free School District (1993).[5]
The Supreme Court itself has applied the Lemon test in Santa Fe Independent School Dist. v. Doe (2000),[6] while in McCreary County v. American Civil Liberties Union (2005) the court did not overturn the Lemon test, even though it was urged to do so by the petitioner.[7]
The test was also central to Kitzmiller v. Dover, a 2005 intelligent design case before the United States District Court for the Middle District of Pennsylvania.[8]
The Fourth Circuit Court of Appeals applied the test in Int'l Refugee Assistance Project v. Trump (2017) upholding a preliminary injunction against President Donald Trump's executive order banning immigration from certain majority-Muslim countries.[9]
See also[edit]
List of United States Supreme Court cases, volume 403
Sherbert Test
Endorsement test
Lee v. Weisman (1992)
Kitzmiller v. Dover Area School District (M.D. Pa. 2005)
Alley, Robert S. (1999). The Constitution & Religion: Leading Supreme Court Cases on Church and State. Amherst, NY: Prometheus Books. pp. 82–96. ISBN 1-57392-703-1.
Kritzer, Herbert M.; Richards, Mark J. (2003). "Jurisprudential Regimes and Supreme Court Decisionmaking: The Lemon Regime and Establishment Clause Cases". Law & Society Review. 37 (4): 827–840. doi:10.1046/j.0023-9216.2003.03704005.x.
External links[edit]
Works related to Lemon v. Kurtzman at Wikisource
Text of Lemon v. Kurtzman, 403 U.S. 602 (1971) is available from: CornellCourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOpenJuristOyez (oral argument audio)
v
t
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United States First Amendment case law
Establishment Clause
Public funding
Everson v. Board of Education (1947)
McCollum v. Board of Education (1948)
Walz v. Tax Commission of the City of New York (1970)
Lemon v. Kurtzman (1971)
Marsh v. Chambers (1983)
Mueller v. Allen (1983)
Aguilar v. Felton (1985)
Board of Education of Kiryas Joel Village School District v. Grumet (1994)
Agostini v. Felton (1997)
Mitchell v. Helms (2000)
Zelman v. Simmons-Harris (2002)
Locke v. Davey (2004)
Arizona Christian School Tuition Organization v. Winn (2011)
Public displays
Stone v. Graham (1980)
Lynch v. Donnelly (1984)
Board of Trustees of Scarsdale v. McCreary (1985)
County of Allegheny v. ACLU (1989)
McCreary County v. ACLU of Kentucky (2005)
Van Orden v. Perry (2005)
Pleasant Grove City v. Summum (2009)
School prayer
Zorach v. Clauson (1952)
Engel v. Vitale (1962)
Abington School District v. Schempp (1963)
Stone v. Graham (1980)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)
Santa Fe Independent School District v. Doe (2000)
Elk Grove Unified School District v. Newdow (2004)
Creationism
Epperson v. Arkansas (1968)
Edwards v. Aguillard (1987)
Kitzmiller v. Dover Area School District (M.D. Pa. 2005)
Legislature prayer
Marsh v. Chambers (1983)
Town of Greece v. Galloway (2014)
Other
McGowan v. Maryland (1961)
McDaniel v. Paty (1978)
Estate of Thornton v. Caldor, Inc. (1985)
Texas Monthly, Inc. v. Bullock (1989)
Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (2012)
Free Exercise Clause
Reynolds v. United States (1879)
Davis v. Beason (1890)
Schneider v. New Jersey (1939)
Cantwell v. Connecticut (1940)
Minersville School District v. Gobitis (1940)
Murdock v. Pennsylvania (1943)
United States v. Ballard (1944)
Braunfeld v. Brown (1961)
Torcaso v. Watkins (1961)
Sherbert v. Verner (1963)
Presbyterian Church v. Hull Church (1969)
Wisconsin v. Yoder (1972)
Harris v. McRae (1980)
Thomas v. Review Board of the Indiana Employment Security Division (1981)
United States v. Lee (1982)
Bob Jones University v. United States (1983)
Bowen v. Roy (1986)
Goldman v. Weinberger (1986)
Employment Division v. Smith (1990)
Church of Lukumi Babalu Aye v. City of Hialeah (1993)
City of Boerne v. Flores (1997)
Watchtower Society v. Village of Stratton (2002)
Cutter v. Wilkinson (2005)
Trinity Lutheran Church of Columbia, Inc. v. Comer (2017)
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
National Institute of Family and Life Advocates v. Becerra (2018)
Freedom of speech (portal)
Sedition and imminent danger
Alien and Sedition Acts (1798)
Masses Publishing Co. v. Patten (S.D.N.Y. 1917)
Schenck v. United States (1919)
Abrams v. United States (1919)
Gitlow v. New York (1925)
Whitney v. California (1927)
Dennis v. United States (1951)
Communist Party v. Subversive Activities Control Board (1955, 1961)
Yates v. United States (1957, clear and present danger)
Bond v. Floyd (1966)
Brandenburg v. Ohio (1969, imminent lawless action)
Hess v. Indiana (1973)
False speech
New York Times Co. v. Sullivan (1964, actual malice)
United States v. Alvarez (2012)
Susan B. Anthony List v. Driehaus (2014)
Fighting words and the heckler's veto
Cantwell v. Connecticut (1940)
Chaplinsky v. New Hampshire (1942)
Terminiello v. Chicago (1949)
Feiner v. New York (1951)
Gregory v. Chicago (1969)
National Socialist Party of America v. Village of Skokie (1977)
R.A.V. v. City of St. Paul (1992)
Snyder v. Phelps (2011)
Elonis v. United States (2015)
Freedom of assembly and public forums
Hague v. CIO (1939)
Schneider v. New Jersey (1939)
Thornhill v. Alabama (1940)
Martin v. City of Struthers (1943)
Marsh v. Alabama (1946)
Niemotko v. Maryland (1951)
Edwards v. South Carolina (1963)
Cox v. Louisiana (1965)
Brown v. Louisiana (1966)
Adderley v. Florida (1966)
Carroll v. Town of Princess Anne (1968)
Coates v. Cincinnati (1971)
Organization for a Better Austin v. Keefe (1971)
Lloyd Corp. v. Tanner (1972)
Pruneyard Shopping Center v. Robins (1980)
Hill v. Colorado (2000)
McCullen v. Coakley (2014)
Packingham v. North Carolina (2017)
Symbolic speech
Stromberg v. California (1931)
United States v. O'Brien (1968)
Cohen v. California (1971)
Smith v. Goguen (1974)
Texas v. Johnson (1989)
United States v. Eichman (1990)
Virginia v. Black (2003)
Compelled speech
Minersville School District v. Gobitis (1940)
West Virginia State Board of Education v. Barnette (1943)
Wooley v. Maynard (1977)
Agency for International Development v. Alliance for Open Society International, Inc. (2013)
National Institute of Family and Life Advocates v. Becerra (2018)
Compelled subsidy of others' speech
Abood v. Detroit Board of Education (1977)
Communications Workers of America v. Beck (1978)
Keller v. State Bar of California (1990)
Lehnert v. Ferris Faculty Ass'n (1991)
Board of Regents of the University of Wisconsin System v. Southworth (2000)
Johanns v. Livestock Marketing Association (2005)
Davenport v. Washington Education Association (2007)
Locke v. Karass (2008)
Knox v. Service Employees International Union, Local 1000 (2012)
Harris v. Quinn (2014)
Friedrichs v. California Teachers Ass'n (2016)
Janus v. AFSCME (2018)
Loyalty oaths
American Communications Association v. Douds (1950)
Garner v. Board of Public Works (1951)
Speiser v. Randall (1958)
Keyishian v. Board of Regents (1967)
Communist Party of Indiana v. Whitcomb (1974)
School speech
Minersville School District v. Gobitis (1940)
West Virginia State Board of Education v. Barnette (1943)
Tinker v. Des Moines Independent Community School District (1969, substantial disruption)
Island Trees School District v. Pico (1982)
Bethel School District v. Fraser (1986)
Hazelwood School District v. Kuhlmeier (1988)
Rosenberger v. University of Virginia (1995)
Morse v. Frederick (2007)
Obscenity
Rosen v. United States (1896)
United States v. One Book Called Ulysses (S.D.N.Y. 1933)
Roth v. United States (1957)
One, Inc. v. Olesen (1958)
Smith v. California (1959)
Marcus v. Search Warrant (1961)
MANual Enterprises v. Day (1962)
Jacobellis v. Ohio (1964)
Quantity of Books v. Kansas (1964)
Freedman v. Maryland (1965)
Ginzburg v. United States (1966)
Memoirs v. Massachusetts (1966)
Redrup v. New York (1967)
Ginsberg v. New York (1968)
Stanley v. Georgia (1969)
Cohen v. California (1971)
United States v. Thirty-seven Photographs (1971)
Kois v. Wisconsin (1972)
Miller v. California (1973)
Paris Adult Theatre I v. Slaton (1973)
United States v. 12 200-ft. Reels of Film (1973)
Jenkins v. Georgia (1974)
Erznoznik v. City of Jacksonville (1975)
Young v. American Mini Theatres (1976)
New York v. Ferber (1982)
American Booksellers v. Hudnut (7th Cir., 1985)
Renton v. Playtime Theatres, Inc. (1986)
People v. Freeman (Cal. 1988)
Osborne v. Ohio (1990)
United States v. X-Citement Video (1994)
Reno v. American Civil Liberties Union (1997)
United States v. Playboy Entertainment Group (2000)
Ashcroft v. Free Speech Coalition (2002)
Ashcroft v. American Civil Liberties Union (2002)
Nitke v. Gonzales (S.D.N.Y., 2005)
United States v. Williams (2008)
Federal Communications Commission v. Fox Television Stations (2012)
American Booksellers Foundation for Free Expression v. Strickland (6th Cir., 2009)
United States v. Kilbride (9th Cir., 2009)
United States v. Stevens (2010)
Brown v. Entertainment Merchants Association (2011)
Public employees
Pickering v. Board of Education (1968)
Perry v. Sindermann (1972)
Board of Regents of State Colleges v. Roth (1972)
Mt. Healthy City School District Board of Education v. Doyle (1977)
Givhan v. Western Line Consolidated School District (1979)
Connick v. Myers (1983)
Rankin v. McPherson (1987)
Waters v. Churchill (1994)
Garcetti v. Ceballos (2006)
Borough of Duryea v. Guarnieri (2011)
Heffernan v. City of Paterson (2016)
Hatch Act and similar laws
Ex parte Curtis (1882)
United Public Workers v. Mitchell (1947)
United States Civil Service Commission v. National Association of Letter Carriers (1973)
Broadrick v. Oklahoma (1973)
Licensing and restriction of speech
Mutual Film Corporation v. Industrial Commission of Ohio (1915)
Joseph Burstyn, Inc. v. Wilson (1952)
NAACP v. Button (1963)
Freedman v. Maryland (1965)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982)
Walker v. Texas Division, Sons of Confederate Veterans (2015)
Matal v. Tam (2017)
Commercial speech
Valentine v. Chrestensen (1942)
Rowan v. U.S. Post Office Dept. (1970)
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)
Bigelow v. Commonwealth of Virginia (1974)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Bates v. State Bar of Arizona (1977)
Linmark Associates, Inc. v. Willingboro (1977)
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
Consol. Edison Co. v. Public Serv. Comm'n (1980)
Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio (1985)
Pacific Gas & Electric Co. v. Public Utilities Commission of California (1986)
Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)
San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987)
44 Liquormart, Inc. v. Rhode Island (1996)
Sorrell v. IMS Health Inc. (2011)
Campaign finance and political speech
Buckley v. Valeo (1976)
First National Bank of Boston v. Bellotti (1978)
Citizens Against Rent Control v. City of Berkeley (1981)
Brown v. Socialist Workers '74 Campaign Committee (1982)
Regan v. Taxation with Representation of Washington (1983)
FEC v. Massachusetts Citizens for Life (1986)
Austin v. Michigan Chamber of Commerce (1990)
McIntyre v. Ohio Elections Commission (1995)
Colorado Republican Federal Campaign Committee v. FEC (1996)
Nixon v. Shrink Missouri Government PAC (2000)
Republican Party of Minnesota v. White (2002)
McConnell v. FEC (2003)
Randall v. Sorrell (2006)
FEC v. Wisconsin Right to Life, Inc. (2007)
Davis v. FEC (2008)
Citizens United v. FEC (2010)
McComish v. Bennett (2011)
American Tradition Partnership v. Bullock (2012)
McCutcheon v. Federal Election Commission (2014)
Williams-Yulee v. The Florida Bar (2015)
Freedom of the press
Prior restraints and censorship
Near v. Minnesota (1931)
Lovell v. City of Griffin (1938)
Hannegan v. Esquire, Inc. (1946)
New York Times Co. v. United States (1971)
Miami Herald Publishing Co. v. Tornillo (1974)
Nebraska Press Ass'n v. Stuart (1976)
Landmark Communications, Inc. v. Virginia (1978)
Tory v. Cochran (2005)
Privacy
Time, Inc. v. Hill (1967)
Cox Broadcasting Corp. v. Cohn (1975)
Florida Star v. B. J. F. (1989)
Taxation and privileges
Grosjean v. American Press Co. (1936)
Branzburg v. Hayes (1972)
Minneapolis Star Tribune Co. v. Commissioner (1983)
Defamation
Beauharnais v. Illinois (1952)
New York Times Co. v. Sullivan (1964)
Curtis Publishing Co. v. Butts (1967)
Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler (1970)
Gertz v. Robert Welch, Inc. (1974)
Time, Inc. v. Firestone (1976)
Bose Corp. v. Consumers Union of United States, Inc. (1984)
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)
McDonald v. Smith (1985)
Hustler Magazine v. Falwell (1988)
Harte-Hanks Communications, Inc. v. Connaughton (1989)
Milkovich v. Lorain Journal Co. (1990)
Obsidian Finance Group, LLC v. Cox (9th Cir., 2014)
Broadcast media
Red Lion Broadcasting Co. v. FCC (1969)
FCC v. Pacifica Foundation (1978)
Turner Broadcasting System, Inc. v. FCC (1994)
Bartnicki v. Vopper (2001)
Copyrighted materials
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Harper & Row v. Nation Enterprises (1985)
Freedom of association
Joint Anti-Fascist Refugee Committee v. McGrath (1951)
Watkins v. United States (1957)
NAACP v. Alabama (1958)
NAACP v. Button (1963)
Baggett v. Bullitt (1964)
In re Primus (1978)
Roberts v. United States Jaycees (1984)
Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995)
Boy Scouts of America v. Dale (2000)
Categories:
United States Supreme Court cases
Establishment Clause case law
United States education case law
Legal history of Pennsylvania
1971 in United States case law
1971 in religion
1971 in Pennsylvania
1971 in education
Legal tests
Catholic schools in Pennsylvania
United States Supreme Court cases of the Burger Court
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