Lemon v. Kurtzman - Case Brief PDF

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Justin Virzi Lemon v. Kurtzman ● Facts: ○ Parties: ■ Plaintiff: Alton J. Lemon (Parent of a child in Pennsylvania public school) ■ Defendant: David H. Kurtzman (Superintendent of Public Instruction of the Commonwealth of Pennsylvania) ○ Both Pennsylvania and Rhode Island passed statutes that allowed for the state to pay for aspects of non-secular, non-public education ○ The Pennsylvania statute was passed in 1968 that provided funding for nonpublic elementary elementary and secondary schools, textbooks, and instructional and provided funding for nonpublic elementary and secondary school teachers’ salaries, textbooks, and instructional materials for secular subjects. ○ Rhode Island’s statute was passed in 1969 which provided public subsidies for non-public elementary schools supplementing 15% of teachers’ annual salaries ■ Contigences involved ● Procedural Posture: ○ District Court of Pennsylvania dismissed case. ○ District Court of Rhode Island found in favor of plaintiffs. ● Issue: ○ ● Holding: ○ ● Rule: ○ First, the statute must have a secular legislative purpose; ○ Second, its principal or primary effect must be one that neither advances nor inhibits religion; ○ finally, the statute must not foster an excessive government entanglement with religion. ● Application of Rule: ○ Pennsylvania: ■ a) ■ b) ■ c) ○ Rhode Island ■ a) ■ b) ■ c) ● Rationale: ○...