Lemon v. Kurtzman

Lemon v. Kurtzman, 403 U.S. 602 (1971), is a landmark decision of the United States Supreme Court.

Pennsylvania and Rhode Island enacted laws providing state salary supplements to teachers of secular subjects in nonpublic (mostly Catholic) schools. Taxpayers challenged the laws as violating the Establishment Clause by providing direct financial aid to religious institutions.

Significance

Chief Justice Burger’s 7-0 opinion struck down the laws and articulated the ‘Lemon test.’ For a law to survive an Establishment Clause challenge: (1) it must have a secular legislative purpose; (2) its principal or primary effect must neither advance nor inhibit religion; and (3) it must not foster an excessive government entanglement with religion. The Lemon test governed Establishment Clause cases for decades, though it has been criticized and modified by later decisions. The Court found the state aid would lead to excessive entanglement through ongoing monitoring.

Category

US Federal Case Law