Lemon v. Kurtzman
by Jake Olsen
The Facts
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Two separate laws were at issue in this case
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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
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The Rhode Island Salary Supplement Act of 1969
Pennsylvania Non-Public Elementary and Secondary Education Act of 1968
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
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The First Amendment was at conflict because the state was giving preferential
treatment to private school teachers who taught secular subjects
The Supreme Court’s Ruling
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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:
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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
How Did This Change Our
Interpretation of the Constitution?
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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