Lemon v. Kurtzman
- Decided
- October 12, 1971
- Docket
- 89
- Status
- Published
- Jurisdiction
- Federal
Cited 3,142 timesAbrogated (verified)Abrogated (verified: Groff v. DeJoy (2023)) · Virden v. Crawford County, Arkansas
What later courts said
- holding that the statutory programs of Rhode Island and Pennsylvania that provide state aid to church-related elementary and secondary schools are unconstitutional — (untitled) (1991)
- holding that a practice's "principal or primary effect must be one that neither advances nor inhibits religion" — Joseph M. Destefano v. Emergency Housing Group, Inc. (2001)
- holding that, to comport with the Establishment Clause, "[f]irst, the statute must have a secular legislative purpose" — (untitled) (2001)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Me. Chief Justice Burger delivered the opinion of the Court.
These two appeals raise questions as to Pennsylvania and Rhode Island statutes providing state aid to church-related elementary and secondary schools. Both statutes are challenged as violative of the Establishment and Free Exercise Clauses of the First Amendment and the Due Process Clause of the Fourteenth Amendment.
Pennsylvania has adopted a statutory program that provides financial support to nonpublic elementary and [*607] secondary schools by way of reimbursement for the cost of teachers’ salaries, textbooks, and instructional materials in specified secular subjects. Rhode Island has adopted a statute under which the State pays directly to teachers in nonpublic elementary schools a supplement of 15% of their annual salary. Under each statute state aid has been given to church-related educational institutions. We hold that both statutes are unconstitutional.
Statutes cited
- 28 U.S.C. § 2281
Cite this
Lemon v. Kurtzman, 403 U.S. 602 (1971)Read the full opinion
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