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Lemon Test

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In 2003, at the 26th annual convention of the Freedom From Religion Foundation in Washington, D.C., the Freedom From Religion Foundation awarded Alton T. Lemon with the “First Amendment Hero” award. This award is for those who have successfully challenged the separation of Church and State within the Supreme Court. Foundation staff member Annie Laurie Gaylor, who presented the plaque to Lemon, said, "The 'Lemon Test' has been invoked in virtually every lawsuit the Foundation has ever taken. It is our best friend” (citation). In June 1986, the Pennsylvania Nonpublic Elementary and Secondary Education Act was put into action. Pennsylvania became the first state that was legally able to give direct public aid to nonpublic schools. The law stated …show more content…
Later on, the Rhode Island Salary Supplement Act provided a 15% salary supplement for teachers to be paid in nonpublic schools. The Catholic historical review said that, “State aid to nonpublic education [occurred] in the late 1960s. The proposed 1968 tuition-grant bill sponsored by the Rhode Island chapter of the citizens for educational freedom was dedicated to achieve state aid to nonpublic education” (nane). With this act, Rhode Island’s number of church affiliated schools increased because of the financial aid that was given to them. Two years laters the court discussed the act and decided that, “[The] court held that the statute violates the First Amendment of the Constitution” (citation). This act was then banned because it was seen as unconstitutional specifically against the first amendment. Due to the Lemon v Kurtzman case, the lemon test was created to determine whether a law could potentially establish religion. Prior to Lemon v. Kurtzman, there was no separation between church and state within the public school system. From this point forward, the lemon test was imposed to keep church and state

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