词条 | Lemon v. Kurtzman |
释义 |
|Litigants=Lemon v. Kurtzman |ArgueDate=March 3 |ArgueYear=1971 |DecideDate=June 28 |DecideYear=1971 |FullName=Alton J. Lemon, et al. v. David H. Kurtzman, Superintendent of Public Instruction of Pennsylvania, et al.; John R. Earley, et al. v. John DiCenso, et al.; William P. Robinson, Jr. v. John DiCenso, et al. |USVol=403 |USPage=602 |ParallelCitations=91 S. Ct. 2105; 29 L. Ed. 2d 745; 1971 U.S. LEXIS 19 |Prior=Lemon v. Kurtzman, 310 F. Supp. [https://law.justia.com/cases/federal/district-courts/FSupp/310/35/1382234/ 35] (E.D. Pa. 1969); DiCenso v. Robinson, 316 F. Supp. [https://law.justia.com/cases/federal/district-courts/FSupp/316/112/1951443/ 112] (D.R.I. 1970) |Subsequent=On remand to 348 F. Supp. [https://law.justia.com/cases/federal/district-courts/FSupp/348/300/2010361/ 300] (E.D. Pa. 1972), aff'd, {{ussc|411|192|1973}} |Holding=For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must (1) have a legitimate secular purpose, (2) not have the primary effect of either advancing or inhibiting religion, and (3) not result in an excessive entanglement of government and religion. |SCOTUS=1970-1971 |Majority=Burger |JoinMajority=Black, Douglas, Harlan, Stewart, Marshall, Blackmun |Concurrence=Douglas |JoinConcurrence=Black, Brennan, Marshall (who filed a separate statement) |Concurrence/Dissent=White |LawsApplied=U.S. Const. amend. I; R.I. Gen. Laws Ann. 16-51-1 et seq. (Supp. 1970); Pa. Stat. Ann. tit. 24, §§ 5601-5609 (Supp. 1971) }} Lemon v. Kurtzman, 403 U.S. 602 (1971),[1] was a case argued before the Supreme Court of the United States. The court ruled in an 8–1[2] decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private schools, from public textbooks and with public instructional materials. The decision also upheld a decision of the United States District Court for the District of Rhode Island, which had struck down the Rhode Island Salary Supplement Act providing state funds to supplement salaries at private elementary schools by 15%.[3] As in Pennsylvania, most of these funds were spent on Catholic schools. Lemon testThe Court's decision in this case established the "Lemon test" (named after the lead plaintiff Alton Lemon),[4] which details legislation concerning religion. It is threefold:
If any of these prongs are 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 private schools, about 95% of those 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.[1] 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.[1] Later use{{Anchor|Recent use}}Conservative Justices, such as Clarence Thomas and Antonin Scalia, have scrutinized the application of the Lemon test.[5] The test was compared to a "ghoul in a late night horror movie" by Justice Scalia in Lamb's Chapel v. Center Moriches Union Free School District (1993).[5] The Supreme Court itself has applied the Lemon test in Santa Fe Independent School Dist. v. Doe (2000),[6] while in McCreary County v. American Civil Liberties Union (2005) the court did not overturn the Lemon test, even though it was urged to do so by the petitioner.[7] The test was also central to Kitzmiller v. Dover, a 2005 intelligent design case before the United States District Court for the Middle District of Pennsylvania.[8] The Fourth Circuit Court of Appeals applied the test in Int'l Refugee Assistance Project v. Trump (2017) upholding a preliminary injunction against President Donald Trump's executive order banning immigration from certain majority-Muslim countries.[9] See also
References1. ^1 2 {{ussc|name=Lemon v. Kurtzman|volume=403|page=602|pin=|year=1971}}. 2. ^{{cite web |url=https://www.oyez.org/cases/1970/89 |title=Lemon v. Kurtzman |author= |date= |website=Oyez |publisher= |access-date=November 1, 2017 |quote=}} 3. ^{{cite court |litigants=DiCenso v. Robinson |vol=316 |reporter=F. Supp. |opinion=112 |pinpoint= |court=D.R.I. |date=1970 |url=https://law.justia.com/cases/federal/district-courts/FSupp/316/112/1951443/ |accessdate= |quote=}} 4. ^{{cite news |last=Liptak |first=Adam |date=2013-05-26 |title=Alton T. Lemon, civil rights activist, dies at 84 |url=https://www.nytimes.com/2013/05/27/us/alton-t-lemon-civil-rights-activist-dies-at-84.html?smid=pl-share |newspaper=New York Times |accessdate=2014-08-15}} 5. ^1 {{ussc|name=Lamb's Chapel v. Center Moriches Union Free School District|volume=508|page=384|pin=398|year=1993|dissent=Scalia}}. 6. ^{{ussc|name=Santa Fe Independent School Dist. v. Doe|volume=530|page=290|pin=|year=2000}}. 7. ^{{ussc|name=McCreary County v. American Civil Liberties Union|link=|volume=545|page=844|pin=|year=2005}}. 8. ^{{cite court |litigants=Kitzmiller v. Dover Area School District |vol=400 |reporter=F. Supp. 2d |opinion=707 |pinpoint= |court=M.D. Pa. |date=2005 |url=https://law.justia.com/cases/federal/district-courts/FSupp2/400/707/2414073/ |accessdate=2017-11-01 |quote=}} 9. ^{{cite court |litigants=Int'l Refugee Assistance Project v. Trump |vol=857 |reporter=F.3d |opinion=554 |pinpoint= |court=4th Cir. |date=2017 |url=http://online.wsj.com/public/resources/documents/fourth_cir_ruling.pdf |accessdate=2017-11-01 |quote=}} Further reading
External links
| case =Lemon v. Kurtzman, {{ussc|403|602|1971|el=no}} | cornell =https://www.law.cornell.edu/supremecourt/text/403/602 | courtlistener =https://www.courtlistener.com/opinion/108380/lemon-v-kurtzman/ | findlaw =https://caselaw.findlaw.com/us-supreme-court/403/602.html | googlescholar = https://scholar.google.com/scholar_case?case=6993086659963510613 | justia =https://supreme.justia.com/cases/federal/us/403/602/ | openjurist =https://openjurist.org/403/us/602 | oyez =https://www.oyez.org/cases/1970/89 | loc =http://cdn.loc.gov/service/ll/usrep/usrep403/usrep403602/usrep403602.pdf{{US1stAmendment|establishment|state=expanded}} 11 : United States Supreme Court cases|Establishment Clause case law|United States education case law|Legal history of Pennsylvania|1971 in United States case law|1971 in religion|1971 in Pennsylvania|1971 in education|Legal tests|Catholic schools in Pennsylvania|United States Supreme Court cases of the Burger Court |
随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识,基本涵盖了大多数领域的百科知识,是一部内容自由、开放的电子版国际百科全书。