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From Majority Opinion

- The Lemon Test came out of this case

Justice Samuel Alito state that the Lemon test had "shortcomings" and that "as Establishment Clause cases involving a great array of laws and practices came to Court, it became more and more apparent that the Lemon test could not resolve them."

"The Court identified three primary criteria for determining whether a government action has a primary effect of advancing religion: 1) government indoctrination, 2) defining the recipients of government benefits based on religion, and 3) excessive entanglement between government and religion."

The Supreme Court ruled in an 8-1 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act was unconstitutional and violated the Establishment Clause of the First Amendment. Because of this, they established the “Lemon Test”.

Justice Bret Kavanaugh

My name is David Kurtzman… I believe that public tax should be used to pay religious schools, represented in the Nonpublic Elementary and Secondary Education Act. 

Signed into law in June 1968, made Pennsylvania the first State legally powered to give direct public aid to nonpublic schools. Such schools contain about one-fourth of the State's elementary and secondary school enrollment. Aid is restricted to teachers' salaries and to textbooks and instructional materials in the fields of mathematics, modern foreign languages, physical education, and physical science. Teacher certification must be approved by the State and standardized tests are required of students to insure quality.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

I argue that the Pennsylvania law allowing public tax funds to be paid to religious schools violates the Establishment Clause of the first Amendment to the United States Constitution.

Chief Justice Warren E. Burger