Lemon v. Kurtzman

403 U.S. 602 · Decided June 28, 1971 · Supreme Court of the United States

At a glance

Lemon v. Kurtzman was decided on June 28, 1971 unanimously (8–0). The Court reversed the lower court's decision and remanded the case. Chief Justice Warren E. Burger wrote the opinion of the Court. SCDB classifies its main issue as “Parochiaid (aid to religious schools)” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

• CourtListener (Free Law Project) — opinion text
• Library of Congress — official U.S. Reports scan

Case details

How the Justices voted

Did not participate: Thurgood Marshall.

Full case caption

Lemon et al. v. Kurtzman, Superintendent of Public Instruction of Pennsylvania, et al.

SCDB identifiers: case 1970-141, docket 1970-141-01.

Related decisions

Other cases on “Parochiaid (aid to religious schools)”

• Tilton v. RichardsonLaw held unconstitutional
  403 U.S. 672Decided June 28, 19715–4Warren E. Burger
• Lemon v. Kurtzman
  411 U.S. 192Decided April 2, 19735–3Warren E. Burger
• Levitt v. Committee for Public Education & Religious LibertyLaw held unconstitutional
  413 U.S. 472Decided June 25, 19738–1Warren E. Burger
• Hunt v. McNair
  413 U.S. 734Decided June 25, 19736–3Lewis F. Powell Jr.
• Sloan v. LemonLaw held unconstitutional
  413 U.S. 825Decided June 25, 19736–3Lewis F. Powell Jr.
• Committee for Public Education & Religious Liberty v. NyquistLaw held unconstitutional
  413 U.S. 756Decided June 25, 19736–3Lewis F. Powell Jr.

See all

Cases on the same legal provision: First Amendment (establishment of religion)

• Walz v. Tax Commission of the City of New York
  397 U.S. 664Decided May 4, 19707–1Warren E. Burger
• Epperson v. ArkansasLaw held unconstitutional
  393 U.S. 97Decided November 17, 19689–0Abe Fortas
• Chamberlin v. Dade County Board of Public InstructionLaw held unconstitutional
  377 U.S. 402Decided June 1, 19648–1Per curiam
• School District of Abington Township v. SchemppLaw held unconstitutional
  374 U.S. 203Decided June 17, 19638–1Tom C. Clark
• Engel v. Vitale
  370 U.S. 421Decided June 25, 19626–1Hugo L. Black
• Stone v. GrahamLaw held unconstitutional
  449 U.S. 39Decided November 17, 19805–4Per curiam

Same Term, same area (First Amendment)

• Blount v. RizziLaw held unconstitutional
  400 U.S. 410Decided January 14, 19719–0William J. Brennan Jr.
• Baird v. State Bar of Arizona
  401 U.S. 1Decided February 23, 19715–4Hugo L. Black
• In re Stolar
  401 U.S. 23Decided February 23, 19715–4Hugo L. Black
• Law Students Civil Rights Research Council, Inc. v. Wadmond
  401 U.S. 154Decided February 23, 19715–4Potter Stewart
• United States v. Weller
  401 U.S. 254Decided February 24, 19718–1Potter Stewart
• Monitor Patriot Co. v. Roy
  401 U.S. 265Decided February 24, 19717–2Potter Stewart

See all

Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error