Premium Essay

Lemon V. Kurtzman Case Summary

Submitted By
Words 551
Pages 3
Lemon v. Kurtzman, 403 U.S. 602 (1971)
The named plaintiff of this case was Alton Lemon, however, the case involved multiple appellants against David Kurtzman, the Superintendent of Public Instruction of Pennsylvania—first heard and dismissed by the Eastern District Court of Pennsylvania. When appealed to the United States Supreme Court in 1971, Lemon v. Kurtzman (1971) was heard as three separate cases. The cases were filed in effort to contest the constitutionality of the Pennsylvania Nonpublic Elementary and Secondary Education Act (1968) and Rhode Island’s Salary Supplementation Act (1969), which allowed these states to provide financial aid to non-public, religiously affiliated schools.
Summary
This case was presented on the basis that the aforementioned Acts supported the advancement of religious ideology and established unconstitutional relationships between church and state in violation of the Establishment Clause of the First …show more content…
His ruling was supported by Walz v. Tax Comm'n of City of New York, 397 U.S. 664 (1970), which affirmed the constitutional necessity for minimal involvement between the two entities. In concurrence with this ruling, Chief Justice Burger asserted that by offering funding to support non-public religious schools, constitutionally impermissible entanglement between government and religion would occur. Additionally, this relationship would create potential for political divisiveness within the government, posing a constitutionally avoided threat. It is out of consideration for the minimization of governmental burden and protection against government involvement in religion, as supported in Everson v. Board of Education, 330 U.S. 1 (1947), that these two Acts be ruled

Similar Documents

Premium Essay

Edwards Vs Aguillard Case Study

...Summary: Majority Opinion Throughout the Supreme Court case Edwards v. Aguillard (1987) the court debated the constitutionality of the teaching of creationism in Louisiana. This case is debated after a law in Louisiana was passed, the Balanced Treatment Act, that wherever evolutionary science was taught so must creationism science be taught. The court ruled this law unconstitutional on the primary basis that it violated the establishment clause under the first amendment of the constitution, and it failed the lemon test formed after a precedent case. The court's decision was seven to two, where Justice William J. Brennan wrote the majority opinion and the dissent was formed by Justice Antonin Scalia joined by Justice William Rehnquist. The first argument made by the majority was that it violated the establishment clause of the...

Words: 1113 - Pages: 5

Premium Essay

Religion in the Public Schools: Public Prayer or Private Action?

...Religion in the Public Schools: Public Prayer or Private Action? The differences between private and government sponsored religious speech can be difficult, but necessary to determine when dealing with religion in the public school system. In Kountze Texas, a group of cheerleaders are suing the school district because a ban was placed on their usage of religious banners before the local public school’s football games. The cheerleaders created banners, like many high school cheerleaders do, but the message painted on their signs were statements such as, “And let us run with endurance the race God has set before us” The messages on the banners are religious speech and a violation of the First Amendment of the Constitution. Yes, the United States Constitution does allow for the freedom of religion, but it also separates Church and State. The cheerleaders painted these signs for a school organized football game; the educational institution is a public one and must abide by the United States Constitution and the separation of church and state. If the school were private, religious connotations would be permissible, but being that the school is public, the signs created by the cheerleaders would be considered government sanctioned. The Establishment Clause in the First Amendment states, “congress shall make no law respecting an establishment of religion.” Throughout our nations history there has been much debate of what the framers of the Constitution meant by establishment...

Words: 5004 - Pages: 21

Premium Essay

Tax Paper

...tax-avoidance schemes, e.g., mail order ministries, family churches, vows of poverty, etc. Congress has been investigating Reverend Moon's Unification Church and related organizations for illegal activities. The recent mass suicide at the People's Temple in Jonestown, Guyana, drew international comment and much Congressional interest. And, the press is filled with reports of "brainwashed" disciples and parents "re-kidnapping" their children. The 1978 EOATRI textbook topic on Churches is a good summary of the major problems we encounter in administering the IRC 501(c)(3) "religious purposes" exemption. This discussion is meant to supplement that topic. We intend only to highlight new developments and the increased interest in the area. 1. Inurement and Tax Avoidance Schemes IRC 501(c)(3) clearly precludes exemption for all organizations (churches and religious organizations too) whose net earnings inure to the benefit of a private shareholder or individual. The Founding Church of Scientology v. U.S., 412 F.2d 1197 (Ct. Cl. 1969). Equally as clear is the Federal income tax principle that a taxpayer's assignment or...

Words: 8716 - Pages: 35

Premium Essay

Government

...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...

Words: 10611 - Pages: 43

Premium Essay

Business Notes

...Principles of Measurement Mosso member of the FASB FASB’s Conceptual Framework project over the period 1973-1985 Define measurement Measurement is the assignment of numerals and other symbols to represent the magnitude of an attribute of a phenomenon Phenomenon A thing or event of interest E.g. a table, a performance, an exam Attribute A characteristic or quality of the phenomenon to be measured Magnitude The extent to which the phenomenon has the attribute Often we can’t directly observe a phenomenon of interest We need to find a substitute Direct observation- the only time we can accurately observe the attribute and phenomenon How happy is the baby? Phenomenon-baby Attribute-happiness Can you measure this attribute directly? NO Smiles per hour Laughter per day Financial Statements: When investors focus on a company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing many things well and integrating among them Operational Effectiveness versus Strategic Positioning Operational effectiveness Performing similar activities...

Words: 21330 - Pages: 86