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Thursday, March 28, 2013

The Lemon Case

Pennsylvanias law hand overd for paying the salaries of teachers in parochial schools and assisting the purchasing of textbooks or other teaching supplies, as compulsory by Pennsylvanias Non-Public Elementary and Secondary teaching method Act of 1968. In Rhode Island, the 15% of the salaries of private school teachers was remunerative by the government as mandated by the Rhode Island Salary add on Act of 1969. In both cases the teachers were teaching secular, not spiritual, subjects. This was truly three separate cases: Lemon v. Kurzman, Earley v. DiCenso, and Robinson v. DiCenso. These cases from Pennsylvania and Rhode Island were joined in concert because they all involved public assistance to private schools, more or less of which were religious. The final decision has become known by the root case in the list: Lemon v. Kurzman. Arguments were made on March 3rd, 1971. On June 28th, 1971, the Supreme court of justice unanimously (7-0) nominate that direct government assistance to religious schools was unconstitutional. In the legal age opinion written by Chief Justice Burger, the solicit created what has become known as the Lemon Test for decision making if a law is in violation of the Establishment Clause.

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judge the secular purpose attached to both statutes by the legislature, the Court did not pass on the secular effect test, inasmuch as excessive entanglement was found. This entanglement arose because the legislature ...has not, and could not; provide state aid on the basis of a unmixed assumption that secular teachers under religious discipline posterior avoid conflicts.(Cline 33) The State must be certain, given the godliness Clauses, that subsidized teachers do not inculcate religion. Because the schools concerned were religious schools, because they were under the control of the church hierarchy, and because the primary purpose of the schools was the extension phone of the faith, a ...comprehensive, discriminating, and continuing state surveillance will inevitably be required to ensure that...If you want to get a full essay, order it on our website: Orderessay



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