Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)

Citation: Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)
Parent Document: Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)
Jurisdiction: United States (federal)
Effective Date: 1977-02-15
Original Source: https://www.courtlistener.com/opinion/7891432/thompson-v-washington/ ↗

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Lemon I (Lemon v. Kartzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971)) had held unconstitutional, as a violation of the First Amendment’s Establishment Clause, a state statute which provided for reimbursement of nonpublic sectarian schools for certain secular educational services. Upon remand, the District Court enjoined payment under this statute for any services performed after the date of the decision in Lemon I, but permitted reimbursement for services provided prior to that date. In Lemon II, the Court upheld the District Court’s decree, emphasizing that the schools had incurred expenses in reliance on the statute and would suffer financial hardship if reimbursement were denied. 411 U.S. at 203-04, 93 S.Ct. 1463. The Court further noted that the schools’ reliance was reasonable and in good faith, inasmuch as “Lemon I ‘decid[ed] an issue of first impression whose resolution was not clearly foreshadowed,’ ”4 and was reinforced by the fact that plaintiffs had not pressed for an injunction suspending payments during the pendency of Lemon I. Id. at 204-07, 93 S.Ct. 1463.

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