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Lemon V. Kurtzman (1971)

Lemon V. Kurtzman (1971). By Andrea De Paz, Anna Galan, Jacinta Sanchez, Daniela Perez. Who : Alton Lemon a Pennsylvania instructor and David Kurtzman the superintendent of the Department of public Instruction of Pennsylvania

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Lemon V. Kurtzman (1971)

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  1. Lemon V. Kurtzman (1971) By Andrea De Paz, Anna Galan, Jacinta Sanchez, Daniela Perez.

  2. Who: Alton Lemon a Pennsylvania instructor and David Kurtzman the superintendent of the Department of public Instruction of Pennsylvania What: Government money was used to fund educational programs that taught religious based lessons. When: It started on March 3rd of 1971 and a decision was made the June 28th of 1971. Where: Pennsylvania Why: Lemon saw that the money that was given for religious activities violated the 1stamendment. Case Background

  3. Lower courts The Lower Court decided that Pennsylvania’s law was legal according to the 1st Amendment.

  4. Constitutional Issues Church and State separation because of the problems for the past. Establishment Clause : Cannot make laws “respecting an establishment of religion” Also there can’t be an official religion or support one over another.

  5. Arguments Alton Lemon argue that the state had violated the Constitution when they created the Non – Public Elementary and Secondary Education Act of 1968 which involves religion. David Kurtzman pass the Non-Public Elementary and Secondary Education Act of 1968 which only benefited Catholic Schools.

  6. Supreme Court The Supreme Court rule 8 votes in favor of Lemon and 0 votes in favor of Kurtzman. The Supreme Court declare does actions as unconstitutional.

  7. Landmark Case This is consider a landmark case because it address the separation of Church and State. However, the most significant thing of all of this is the Lemon test which helps determine if the actions committed by the states violates the establishment clause in the first amendment which means that does action are unconstitutional. Lemon Test consist of this 3 prongs Must consist Secular legislative purpose Should not advance or inhibit religion Not result in a “excessive government entanglement” with a certain religion.

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