This case, often called Lemon II, occurred after the fist decision in 1971. After Lemon I, the court decided that the government could not give money to non- public schools for secular subjects. This case, through the creation of the Lemon test, determined that Act 109 violated the Establishment Clause. When this decision was made, the district court gave permission for Pennsylvania to reimburse the schools prior to 1971. Lemon challenged this act claiming that this violated the constitution and was clearly against reason and evidence. Lemon claimed that the court was wrong to refuse the payment of around 24 million dollars that the state set aside to give to nonpublic religious schools. He stated that since the Supreme Court found the state
