Religious Freedoms
The Lemon Test
Lemon v. Kurtzman (1971)
403 U.S. 602 (1971)
Vote: 8-1
Decision: Reversed
Majority: Burger joined by Stewart, Marshall, Blackmun, Black, Douglas, Harlan
Concurrence: Douglas joined by Black
Concurrence: Brennan
Concurrence: Marshall
Dissent: White
MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.
…
These two appeals raise questions as to Pennsylvania and Rhode Island statutes providing state aid to church related elementary and secondary schools. Both statutes are challenged as violative of the Establishment and Free Exercise Clauses of the First Amendment and the Due Process Clause of the Fourteenth Amendment. Pennsylvania has adopted a statutory program that provides financial support to nonpublic elementary and secondary schools by way of reimbursement for the cost of teachers’ salaries, textbooks, and instructional materials in specified secular subjects. Rhode Island has adopted a statute under which the State pays directly to teachers in nonpublic elementary schools a supplement of 15% of their annual salary. Under each statute state aid has been given to church-related educational institutions. We hold that both statutes are unconstitutional …
In the absence of precisely stated constitutional prohibitions, we must draw lines with reference to the three main evils against which the Establishment Clause was intended to afford protection: “sponsorship, financial support, and active involvement of the sovereign in religious activity.” Walz v. Tax Commission (1970). Every analysis in this area must begin with consideration of the cumulative criteria developed by the Court over many years. Three such tests may be gleaned from our cases. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion, Board of Education v. Allen (1968); finally, the statute must not foster “an excessive government entanglement with religion.” Walz, supra, at 397 U. S. 674.
The language of the Religion Clauses of the First Amendment is at best opaque, particularly when compared with other portions of the Amendment. Its authors did not simply prohibit the establishment of a state church or a state religion, an area history shows they regarded as very important and fraught with great dangers. Instead, they commanded that there should be “no law respecting an establishment of religion.” A law may be one “respecting” the forbidden objective while falling short of its total realization. A law “respecting” the proscribed result, that is, the establishment of religion, is not always easily identifiable as one violative of the Clause. A given law might not establish a state religion but nevertheless be one “respecting” that end in the sense of being a step that could lead to such establishment and hence offend the First Amendment …
The two legislatures, however, have also recognized that church-related elementary and secondary schools ha