Lemon v. Kurtzman, 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act from 1968 was unconstitutional and in an 8–1 decision that Rhode Island's 1969 Salary Supplement Act was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials.
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions that have a religious affiliation. Most state constitutions already had such provisions, and thirty-eight of the fifty states have clauses that prohibit taxpayer funding of religious entities in their state constitutions.
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Before this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", restricted only the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Zelman v. Simmons-Harris, 536 U.S. 639 (2002), was a 5–4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the First Amendment, as long as parents using the program were allowed to choose among a range of secular and religious schools.
Marsh v. Chambers, 463 U.S. 783 (1983), was a landmark court case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States. Three days before the ratification of the First Amendment in 1791, containing the Establishment clause, the federal legislature authorized hiring a chaplain for opening sessions with prayer.
County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday display in question was an 18-foot (5.5 m) public Hanukkah menorah, which was placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.
Locke v. Davey, 540 U.S. 712 (2004), is a United States Supreme Court decision upholding the constitutionality of a Washington publicly funded scholarship program which excluded students pursuing a "degree in devotional theology". This case examined the "room ... between the two Religion Clauses", the Free Exercise Clause and the Establishment Clause.
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
National Collegiate Athletic Association v. Smith, 525 U.S. 459 (1999), was a case in which the Supreme Court of the United States ruled that the NCAA's receipt of dues payments from colleges and universities which received federal funds, was not sufficient to subject the NCAA to a lawsuit under Title IX.
Agostini v. Felton, 521 U.S. 203 (1997), is a landmark decision of the Supreme Court of the United States. In this case, the Court overruled its decision in Aguilar v. Felton (1985), now finding that it was not a violation of the Establishment Clause of the First Amendment for a state-sponsored education initiative to allow public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no "excessive entanglement" between government and religion was apparent. This case is noteworthy in a broader sense as a sign of evolving judicial standards surrounding the First Amendment, and the changes that have occurred in modern Establishment Clause jurisprudence.
Texas Monthly v. Bullock, 489 U.S. 1 (1989), was a case brought before the US Supreme Court in November 1988. The case was to test the legality of a Texas statute that exempted religious publications from paying state sales tax.
United States v. Locke, 529 U.S. 89 (2000), was a United States Supreme Court case in which the Court unanimously held that certain state regulations regarding oil tankers and oil barges are preempted under the Supremacy Clause of the United States Constitution in deference to the extensive body of federal regulations affecting these classes of vessels.
Mitchell v. Helms, 530 U.S. 793 (2000), is a United States Supreme Court case in which the Court ruled that it was permissible for loans to be made to religious schools under Chapter 2 of the Education Consolidation and Improvement Act of 1981.
Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995), is a United States Supreme Court case that focused on First Amendment rights and the Establishment Clause. Vincent Pinette, an active member of the Ku Klux Klan in Columbus, Ohio, wanted to place an unattended cross on the lawn of the Capitol Square during the 1993 Christmas season. Pinette and his fellow members of the KKK submitted their request. The advisory board originally denied this request. However, Pinette and the other members of the Ohio Chapter of the Klan fought this decision in the United States District Court for the Southern District of Ohio. The court found in favor of the Klan and the advisory board issued the permit. The Board appealed to the United States Court of Appeals, which affirmed the decision of the district court. The board made one last petition to the Supreme Court where the decision was made, by a vote of seven to two, that the Klan was permitted to display the cross at the public forum.
Mueller v. Allen, 463 U.S. 388 (1983), was a United States Supreme Court case examining the constitutionality of a state tax deduction granted to taxpaying parents for school-related expenses, including expenses incurred from private secular and religious schools. The plaintiffs claimed that a Minnesota statute, allowing tax deductions for both public and private school expenses, had the effect of subsidizing religious instruction since parents who paid tuition to religious schools received a larger deduction than parents of public school students, who incurred no tuition expenses.
Board of Trustees of Scarsdale v. McCreary, 471 U.S. 83 (1985), was a United States Supreme Court case in which an evenly split Court upheld per curiam a lower court's decision that the display of a privately sponsored nativity scene on public property does not violate the Establishment Clause of the First Amendment.
Espinoza v. Montana Department of Revenue, 591 U.S. 464 (2020), was a landmark United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution.
Carson v. Makin, 596 U.S. 767 (2022), was a landmark United States Supreme Court case related to the First Amendment to the United States Constitution and the Free Exercise Clause. It was a follow-up to Espinoza v. Montana Department of Revenue.
