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Published byMerilyn Strickland Modified over 9 years ago
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Lemon v. Kurtzman by Jake Olsen
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The Facts Two separate laws were at issue in this case – The Rhode Island Salary Supplement Act of 1969 – Pennsylvania Non-Public Elementary and Secondary Education Act of 1968 Both of these laws allowed for teachers who taught secular subjects (not involving religion) to have a supplemented salary paid by the state government Alton J. Lemon was a resident and taxpayer who challenged the laws in federal court – After his case was dismissed by the federal district court, he appealed to the US Supreme Court Lemon claimed that they violated the First Amendment’s prohibition of a state establishing a religion – The First Amendment was at conflict because the state was giving preferential treatment to private school teachers who taught secular subjects
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The Supreme Court’s Ruling Decision: 8 votes for Lemon, 0 votes against Chief Justice William Burger, writing for the majority, decided that there should be a three-part test (“Lemon Test”) for laws dealing with religious establishment To be constitutional a law must: – Have a secular legislative purpose – Its effects must not help or hinder religion – Must not involve the government too heavily in religion Supreme Court ruled this way to prevent any future laws that violated the establishment clause
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How Did This Change Our Interpretation of the Constitution? States must use the “Lemon Test” before implementing a law that could possibly violate the First Amendment Any law that a state makes must only benefit schools for secular reason There were no dissenting opinions
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