Case Study: Lemon V. Kurtzman

A cases that demonstrate the controversiality of freedom religion is the Lemon V. Kurtzman case in 1971. This case involved Pennsylvania and their Nonpublic Elementary and Secondary Education Act that allowed for states to fund for Catholic schools for teacher salaries, textbooks and instructional materials. Mr. Lemon a parent of a Pennsylvania student had sued the state stating that the law was unconstitutional. The outcome of the case was that the Supreme Court agreed with Mr. Lemon and stated that the law does advance religion upon school. Mainly because all the schools that were being funded was only Catholic School and this was being influenced to all schools. After this cases the Lemon Test was created and their were three aspects to

them “The government must have a secular legislative purpose”. Meaning that the government’s ruling must have a non-religious reason for pursuing the case. The second aspect was “The government must not have the primary effect of either advancing or inhibiting religion”. When the ruling of the case has been established the outcome must not advance or inhibit religion. Lastly “The government’s action must not result in an “excessive government entanglement” with religion”. The government ruling for the case must not cause more problems to the states where religion is being enforced onto schools and students. The limits of religion is established within the Lemon Test if the government and the state infringe concepts it is ruled as unconstitutional.