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Constitutional Law Keyed to Choper
Lemon v. Kurtzman
Citation:
403 U.S. 602 (1971)Facts
The Pennsylvania statute provided financial support to nonpublic elementary and secondary schools through reimbursement for teachers’ salaries, textbooks, and instructional materials in specified secular subjects. The statute restricted reimbursement to secular subjects taught in public schools and prohibited reimbursement for any course containing religious teaching. About 96% of the participating schools were church-affiliated, with most being Roman Catholic. The Rhode Island statute authorized the state to supplement the salaries of teachers in nonpublic elementary schools by up to 15% if they taught only secular subjects. Teachers had to use only materials used in public schools and agree not to teach religion while receiving the supplement. About 95% of the beneficiary schools were Roman Catholic. Both statutes were challenged as violating the Establishment Clause of the First Amendment.
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