Lemon v. Kurtzman The Facts. Argued March 3, 1971 Decided June 28, 1971 Pennsylvania and Rhode Island provided church-related elementary and secondary schools with funds. A group of taxpayers and religious liberty organizations filed a law suit. Claimed that these funds violated the Establishment Clause The Questions. Did Pennsylvania and Rhode Island violate the First Amendment’s Establishment Clause? Can states provided non-public schools with aid or financial support in the form of: Reimbursements? Paying salary supplements? The Decision. The decision was unanimous (8-0): The court ruled that both state’s programs violated the Establishment Clause. Both state’s programs caused there to be an excess of involvement between the state and a religious entity. The Effects. Chief Justice Burger, speaking for the court as a whole, established a 3 part test, called the Lemon Test, for laws dealing with religious establishments: 1. The government’s action must possess a secular legislative purpose. 2. The government’s action must not have the primary purpose of advancing or inhibiting religion. 3. The government’s action must not result in “excessive government entanglement” with religion.