Religious Establishment - Religious Establishment Lemon v...

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Religious Establishment Lemon v. Kurtzman Facts of the Case This case was heard concurrently with two others, Earley v. DiCenso (1971) and Robinson v. DiCenso (1971). The cases involved controversies over laws in Pennsylvania and Rhode Island. In Pennsylvania, a statute provided financial support for teacher salaries, textbooks, and instructional materials for secular subjects to non-public schools. The Rhode Island statute provided direct supplemental salary payments to teachers in non-public elementary schools. Each statute made aid available to "church-related educational institutions." Question Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"? Decision: 8 votes for Lemon, 0 vote(s) against Burger—majority opinion Black- agreed with majority but joined Douglas’ concurrence Douglas- wrote regular concurrence Harlan- agreed with majority Brennan- wrote special concurrence Stewart- voted with majority White- wrote a special concurrence Blackmun- voted with majority Marshall- did not participate SIDE NOTE: Regular concurrence & Special Concurrence: agrees with the majority but on a different basis Majority Two Types of Concurrence in Criminal Law : 1. Temporal Concurrence - the actus reus (guilty action) and mens rea (guilty mind) occur at the same time. 2. Motivational Concurrence - the mens rea motivates the actus reus. Legal provision: Establishment of Religion Yes. Writing for the majority, Chief Justice Burger articulated a three-part test for laws dealing with religious establishment. To be constitutional, a statute must have "a secular legislative
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  • Fall '10
  • Johnbrigham
  • Supreme Court of the United States, First Amendment to the United States Constitution, Pledge of Allegiance, school district, establishment clause, special concurrence

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