Lemon v. Kurtzman is a case that is debated before the United States Supreme Court. The Court ruled in Decision 8-1 that the Nonpublic Basic and Secondary Education Law of Pennsylvania (represented by David Kurtzman) of 1968 was unconstitutional, in violation of the First Amendment Clause Clause. This allows the Superintendent of Public Schools to replace private (mostly Catholic) schools for the salaries of teachers teaching in these private schools, from public textbooks and with public materials. The decision also reinforces the decision of the United States District Court for the Rhode Island District, which has dropped the Rhode Island Payroll Supplement Act, which provides state funds to raise salaries in private elementary schools by 15%. As in Pennsylvania, most of these funds are spent on Catholic schools.
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The Court's decision in this case set the " Lemon Test " (named after the main plaintiff of Alton Lemon), detailing the law on religion. That's threefold:
- The law should have a secular legislative purpose. (Also known as Prong Destination)
- The main or principal effects of the law should not promote or obstruct religion. (Also known as the Prong Effect)
- The law should not result in "excessive government winding" with religion. (Also known as The Entanglement Prong)
- Factor.
- Institutional characteristics and goals benefit.
- The state-provided help properties.
- Resulting in relationships between government and religious authorities.
If any of these violations are violated, the government's actions are considered unconstitutional under the Clause of Establishment of the First Amendment of the Constitution of the United States.
The law provides that "qualified teachers should teach only the courses offered in public schools, using only materials used in public schools, and must agree not to teach religious subjects." However, a panel of three judges found that 25% of State Elementary students attend private schools, about 95% of those attending Roman Catholic schools, and the only beneficiaries under the law are 250 teachers at Roman Catholic schools.
The court found that the parochial school system was "an integral part of the religious mission of the Catholic Church," and stated that the Act fosters "excessive winding" between government and religion, thus breaking the Clause of Establishment.
Held: Both laws are unconstitutional under the Religious Clause of the First Amendment, because the cumulative impact of all relationships that arise under the law involves excessive winding between government and religion.
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Conservative Judges, such as Clarence Thomas and Antonin Scalia, have examined the application of Lemon tests. This test is compared to "ghost in the late night horror film" by Justice Scalia at Lamb's Chapel v. Center Moriches Union Free School District (1993).
The Supreme Court has recently applied the Lemon test recently in 2000 at the Santa Fe Independent School Dist. v. Doe , while in McCreary County v. American Civil Liberties Union (2005) the court did not cancel the Lemon test, though it was urgent to do so by the applicant.
This test is also important for Kitzmiller v. Dover , a case of intelligent design 2005 before the United States District Court for the Central District of Pennsylvania.
The Fourth Circuit Court of Appeal implements the test in its decision in 2017 that enforces an initial order against President Donald Trump's executive order that prohibits immigration from certain Muslim-majority countries.
See also
- List of US Supreme Court cases, volume 403
- Sherbert Test
- Support test
- Lee v. Weisman (1992)
- Kitzmiller v. Dover Area School District (M.D. Pa. 2005)
- Summer v. Adams (D.S.C. 2009)
References
Further reading
- Alley, Robert S. (1999). Constitution & amp; Religion: Leading Supreme Court Cases in Church and State . Amherst, NY: Prometheus Books. pp.Ã, 82-96. ISBNÃ, 1-57392-703-1.
- Kritzer, Herbert M.; Richards, Mark J. (2003). "Jurisprudential Regime and Supreme Court Ruling: The Lemon Regime and the Formation of Case Clauses". Legal & amp; Community Review . 37 (4): 827-840. doi: 10.1046/j.0023-9216.2003.03704005.x.
External links
- Works related to Lemon v. Kurtzman on Wikisource
- Text Lemon v. Kurtzman , 403 US 602 (1971) is available from: Ã, Cornell CourtListener Findlaw Google Scholar Justia Ã, Ã, OpenJurist Oyez
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