Lemon v. Kurtzman
In Lemon v. Kurtzman (403 US 602; 1971), the US Supreme Court upheld a Federal panel that found that Rhode Island's 1969 Salary Supplement Act providing for a 15% teacher salary supplement was unconstitutional because, in practice, only Catholic schools received any benefit.
The Court's decision established the Lemon test, which details the requirements for United States legislation concerning religion. It consists of three prongs:
- The government's action must have a legitimate secular purpose;
- The government's action must not have the primary effect of either advancing or inhibiting religion; and
- The government's action must not result in an "excessive entanglement" of the government and religion.
If any of these three prongs is violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
The act stipulated that "eligible teachers must teach only courses offered in the public schools, using only materials used in the public schools, and must agree not to teach courses in religion." Still, a three-judge panel found 25% of the State's elementary students attended nonpublic schools, about 95% of the these attended Roman Catholic schools, and the sole beneficiaries under the act were 250 teachers at Roman Catholic schools.
- "The court found that the parochial school system was "an integral part of the religious mission of the Catholic Church," and held that the Act fostered "excessive entanglement" between government and religion, thus violating the Establishment Clause."
- "Held: 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."