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Lemon v. Kurtzman (docket #: 89) (1971)  [Findlaw]

Secondary Link Lemon v. Kurtzman  [Legal Information Institute]
Argument Date 03/03/1971
Decided 6/28/1971
Supreme Court Vote 8-1
Note Concurring in Lamb's Chapel v. Center Moriches School District (1993), Justice Scalia described the Lemon precedent as "some ghoul in a late-night horror movie" which "stalks our Establishment Clause jurisprudence."
Supreme Court Ruling Establishment Clause claim sustained
 
IssueWhether two state statutes -- a Pennsylvania one and a Rhode Island one -- providing state aid to church-related elementary and secondary schools violate the Establishment Clause of the First Amendment.
 
Case Summary & Additional Resources
Majority Opinion Burger, C.J. (joined by Black, Douglas, Harlan, Stewart & Marshall as to Nos. 569 and 570) (Marshall, J. took no part in the consideration of No. 89)
Concurring Opinion Blackman, J., & Douglas, J. (joined by Black, J.), & Brennan, J., & White, J. (concurring in judgment in No. 89)
Dissenting Opinion White, J. (dissenting as to Nos. 569 and 570)
Lower Court United States District Court for the Eastern District of Pennsylvania
Lower Court Ruling Establishment Clause claim denied
News
"Limiting Parochial School Aid," Los Angeles Times, July 4, 1971, sect. B, p. 5
Deedy, John, "Trouble for the Catholic Schools," New York Times, July 4, 1971, sect E, p. 7
Deedy, John, "Trouble For the Catholic Schools; Parochial," New York Times, July 4, 1971, sect. E, p. 7
Graham, Fred P., "High Court, 8-1, Forbids States to Reimburse Parochial Schools," New York Times, June 29, 1971, p. 1
Robinson, Douglas, "School Aid Suits Set for 6 States," New York Times, July 2, 1971, p. 14
Rosenbaum, David E., "Church Schools Expect Aid Rule by Court Today," New York Times, June 28, 1971, p. 1
Stevens, William, K., "Education Voucher Plan Is Making Slow Progress," New York Times, July 2, 1971, p. 14
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.3
David L. Hudson, Jr., "African-American First Amendment heroes" (re Alton Lemon)

Dickson, Del, editor, THE SUPREME COURT IN CONFERENCE (1940-1985), pp. 410-412 (re conference notes in Lemon)
Esbeck, Carl H., "The Lemon Test: Should it be Retained, Reformulated, or Rejected?," 4 Notre Dame Journal of Law, Ethics & Public Policy 513 1990)
Sekulow, Jay Allan, WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS (2006), pp. 275-300
Simpson, Gary, J., "The Establishment Clause in the Supreme Court: Rethinking the Court's Approach," 72 Cornell Law Review 905 (1987)
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 817, 822, 1186, 1187, 1191, 1193, 1197, 1199, 1205, 1206, 1214, 1219, 1220, 1227, 1228, 1230, 1277, 1278, 1279, 1280, 1281, 1282, 1289, 1290
Witte, Jr., John, RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 152, 154, 156, 157-159, 163, 169-170, 171-172, 175, 176-177, 178, 188-189, 321
Commentary
Editorial, "Separating Church From State," New York Times, June 29, 1971, p. 36
Editorial, "State Aid to Church Schools," Los Angeles Times, July 5, 1971, sect. B, p. 6
Moulton, C., "The Supreme Court rules out state-aid to parochial schools," Chicago Daily Defender, July 3, 1971, p. 23
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