Lemon v. Kurtzman

Lemon testLemon'' testLemonadvance a particular religious beliefestablishment of a religious practiceLemon vs. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States.wikipedia
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First Amendment to the United States Constitution

First AmendmentFirstU.S. Const. amend. I
The court ruled in an 8–1 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.

Establishment Clause

Establishment Clause of the First Amendmentestablishment of religionestablishment
The court ruled in an 8–1 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.
In Lemon v. Kurtzman (1971), the Supreme Court ruled that government may not "excessively entangle" with religion.

Lamb's Chapel v. Center Moriches Union Free School District

Lamb's Chapel v. Center Moriches Union Free School Dist.
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).
The Court had, in passing, invoked the landmark Lemon v. Kurtzman (1971) case, which remained good law, to the consternation of some of the concurring justices.

McCreary County v. American Civil Liberties Union

McCreary County v. ACLU of KentuckyMcCreary County v. ACLUMcCreary County v. American Civil Liberties Union of Ky.
The Supreme Court itself has applied the Lemon test in Santa Fe Independent School Dist. v. Doe (2000), 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.
The appeal from that decision, argued by Mathew Staver of Liberty Counsel, urged reformulation or abandonment of the "Lemon test" set forth in Lemon v. Kurtzman, which has been applied to religious displays on government property and to other Establishment Clause issues.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
Lemon v. Kurtzman, 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States.

David Kurtzman

David H. KurtzmanKurtzman
The court ruled in an 8–1 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.
He was the respondent in the landmark Supreme Court decision Lemon v. Kurtzman.

Kitzmiller v. Dover Area School District

Kitzmiller v. DoverDover Intelligent Design CaseKitzmiller
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.
It had been an essential part of the ruling to consider whether ID was a legitimate scientific theory as claimed by its proponents, and DeWolf, et al. had implicitly recognised this by citing the Lemon test, which would have been irrelevant if ID were legitimate science.

American Legion v. American Humanist Association

The American Legion v. American Humanist Association
In concurring opinions to The American Legion v. American Humanist Association (2019), some of the Court's more conservative justices heavily criticized the Lemon test.
Chasanow wrote that by the test established in Lemon v. Kurtzman, Van Orden v. Perry and Town of Greece v. Galloway that the purpose of the Peace Cross was secular to honor fallen soldiers, and did not violate the Establishment Clause.

Int'l Refugee Assistance Project v. Trump

International Refugee Assistance Project v. TrumpTrump v. International Refugee Assistance Project
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.
After analyzing these statements under the constitutional test outlined in Lemon v. Kurtzman, a landmark 1971 Supreme Court case, the majority found that Executive Order 13780 "cannot be divorced from the cohesive narrative linking it to the animus that inspired it," and that a "reasonable observer would likely conclude that [the order's] primary purpose is to exclude persons from the United States on the basis of their religious beliefs."

Endorsement test

endorsement or disapproval" testendorsinggovernment endorsement of religion
O’Connor’s endorsement test has, on occasion, been subsumed into the Lemon test.

Lee v. Weisman

coercion testcoerce
The coercion test is now used to determine the constitutionality of certain government actions under the Establishment Clause, along with the Lemon test and Justice O'Connor's "endorsement or disapproval" test.

Pennsylvania

PACommonwealth of PennsylvaniaPa.
The court ruled in an 8–1 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.

Catholic Church

Roman CatholicCatholicRoman Catholic Church
The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials.

Religion

religiousreligionsreligious beliefs
The Court's decision in this case established the "Lemon test" (named after the lead plaintiff Alton Lemon), which details legislation concerning religion.

Clarence Thomas

ThomasJustice ThomasJustice Clarence Thomas
Conservative justices, such as Clarence Thomas and Antonin Scalia, have scrutinized the application of the Lemon test.

Antonin Scalia

Justice ScaliaScaliaJustice Antonin Scalia
Conservative justices, such as Clarence Thomas and Antonin Scalia, have scrutinized the application of the Lemon test.

Santa Fe Independent School District v. Doe

Santa Fe Independent School Dist. v. DoeruledSanta Fe ISD v. Doe
The Supreme Court itself has applied the Lemon test in Santa Fe Independent School Dist. v. Doe (2000), 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.

Intelligent design

intelligent design theoryEvolutionary informaticssupernatural creation
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.

United States District Court for the Middle District of Pennsylvania

M.D. Pa.U.S. District Court for the Middle District of PennsylvaniaMiddle District of Pennsylvania
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.

United States Court of Appeals for the Fourth Circuit

Fourth Circuit Court of AppealsFourth Circuit4th Cir.
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.

Donald Trump

TrumpPresident TrumpPresident Donald Trump
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.

Samuel Alito

AlitoJustice AlitoJustice Samuel Alito
Justice Samuel Alito stated that the Lemon test had "short-comings" and that "as Establishment Clause cases involving a great array of laws and practices came to the Court, it became more and more apparent that the Lemon test could not resolve them."