Legal Opinion

Com., Dept. of Ed. v. First School

Supreme Court of Pennsylvania

Decided February 28, 1977No. 17PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

ROBERTS, Justice.

This is an appeal 1 from a decision of the Commonwealth Court which held that the Nonpublic Elementary and Secondary Education Act (“Act 109”) 2 is constitutional and enforceable as applied to nonsectarian nonpublic schools. 3 Appellant, the Commonwealth Department of Education (“Department”), contends that Act 109 was declared unconstitutional in its entirety in Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971), and thus cannot be enforced even as to nonsectarian schools. The Department also argues that even if Act 109 was not held…

Also in this document: Dissent.

2Cases cited40 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Eisenstadt v. BairdSupreme Court of the United States · 1972
  3. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
  4. Lemon v. KurtzmanSupreme Court of the United States · 1973
  5. Staub v. City of BaxleySupreme Court of the United States · 1958

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3Cited by45 opinions

  1. Contractors Ass'n of Eastern Pennsylvania v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1993
  2. Pap's A.M. v. City of ErieSupreme Court of Pennsylvania · 1998
  3. Annenberg v. CommonwealthSupreme Court of Pennsylvania · 2000
  4. Commonwealth v. BidnerSuperior Court of Pennsylvania · 1980
  5. Phantom Fireworks Showrooms, LLC v. Tom Wolf, Governor of the Comwlth of PACommonwealth Court of Pennsylvania · 2018

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