Notable Items:

Venue: Supreme Court of the United States
Opinion of the Court: Lemon v. Kurtzman (1971)

Issue(s) Before the Court:

Petitioner's Claim(s):

Do the Rhode Island's 1969 Salary Supplement Act and Pennsylvania's Nonpublic Elementary and Secondary Education Act offend the Establishment and Free Exercise Clauses of the First Amendment and the Due Process Clause of the Fourteenth Amendment?
Is state funding of exclusively secular instruction with compliance controls an issue?

Respondent's Claim(s):

Holding(s) and Disposition:

Held: Yes. Both statutes are unconstitutional under the Religion Clauses of the First Amendment, as the cumulative impact of the entire relationship arising under the statutes involves excessive entanglement between government and religion.

Material Facts:

Procedural History:


Burger Majority Opinion (Black, Douglas, Harlan, Stewart, Marshall, Blackmun)

Douglas Concurrance (Black, Marshall)

Brennan Concurrance (null)

Full Recounting of Facts

Majority Full Argument