Opportunity Declined: The Supreme Court Refuses to Jettison the Lemon Test in Zobrest v. Catalina Foothills School District, 113 S. Ct. 2462 (1993)

Authors

Kirk A. Kennedy, University of Nebraska College of Law

Abstract

Symbolically, Zobrest v. Catalina Foothills School District is a paradigmatic expression of the struggle between the autocracy of public education and parents seeking to expand their children's educational opportunities. This Note first examines the factual background and procedural history of Zobrest and includes a brief summary of Establishment Clause theory. Next, the Note analyzes the legal underpinnings of Zobrest in terms of prior case law developing the parameters of the Establishment Clause as applied to religious and sectarian education. From a First Amendment perspective, this Note determines the Court's decision is exceptionally narrow in scope and leaves intact nearly five decades of secularist Religion Clause doctrine. Nonetheless, the Note concludes that irrespective of Zobrest's de minimis impact on the contours of the Establishment Clause, the ramifications of Zobrest in the domain of educational choice, tuition tax-credits, and education vouchers are substantial.

Recommended Citation

Kirk A. Kennedy, Opportunity Declined: The Supreme Court Refuses to Jettison the Lemon Test in Zobrest v. Catalina Foothills School District, 113 S. Ct. 2462 (1993), 73 Neb. L. Rev. (1994)
Available at: https://digitalcommons.unl.edu/nlr/vol73/iss2/6