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Lemon v. Kurtzman: The Supreme Court's Unlikely Alliance for Religious Freedom

Mar 14, 2024 · 2 mins read

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Lemon v. Kurtzman was a Supreme Court case that managed to unite the most unlikely of allies in a fight for religious freedom. Let's take this complex situation and break it down in simple terms...

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Not your everyday legal drama. It involved taxpayers, parochial schools, and state funding—sounds dry, but it was a potent mix that resulted in a legal explosion of sorts in 1971.

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So, here is where it gets interesting. Pennsylvania and Rhode Island passed laws to fund religious school teachers' salaries. A bold move? Yes. Legal? That's another story.

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Enter Alton Lemon, just an average Joe (not really), who objected to his tax dollars funding religious education. So, he sued David Kurtzman, the state superintendent. Legal fireworks ensued.

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Fly on the wall moment: The Supreme Court ruled 8-1 in Lemon’s favour, citing the First Amendment's Establishment Clause. This stops government from favouring or establishing any religion.

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In the end, it birthed the famous 'Lemon Test'. No, not a taste test for fruit - rather a three-part acid test for laws dealing with religious establishment and practice.

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Part 1: Any law must have a secular legislative purpose. Part 2: The law must not advance nor inhibit religion. Part 3: The law must not create excessive entanglement between government and religion.

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This case shaped American jurisprudence and is cited in almost every Establishment Clause case since. It's basically the legal version of going viral!

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Love it or hate it, the Lemon Test continues to stir debate. Critics say it's too strict; supporters call it necessary for keeping church and state separate.

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In sum, Lemon v. Kurtzman is a timeless legal drama. Not only did it shape religious freedom in American law, but it also gave us one of the most debated legal tests in history. Who knew lemons could be so potent!

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