One notable case that examines the Establishment Clause is Lemon v. Kurtzman (1971). The facts of the case involved two Pennsylvania statutes that provided state funding for non-public schools, including religious schools. The litigation arose when taxpayers challenged these laws, arguing that they violated the Establishment Clause of the First Amendment by promoting religion through public funding.
The Supreme Court, in its decision, held that the statutes were unconstitutional. The Court established the "Lemon Test," which set out three criteria for determining whether a law violates the Establishment Clause: (1) the government's action must have a secular legislative purpose; (2) its primary effect must neither advance nor inhibit religion; and (3) it must not foster an excessive government entanglement with religion. In this case, the Court found that the Pennsylvania statutes failed the Lemon Test because they primarily benefited religious schools, leading to an impermissible entanglement between church and state.
The result of the case was a reinforcement of the principle of separation of church and state, emphasizing that government funding and support should not promote religious institutions, thereby protecting the rights granted under the Establishment Clause.
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