Alton T. Lemon; case on state aid set U.S. precedent

Alton Toussaint Lemon, 84, whose 1971 landmark court case challenging state aid to religious schools gave rise to the famous "Lemon test," died Saturday, May 4, of Alzheimer's disease at Rydal Park in Jenkintown.

Mr. Lemon filed a lawsuit questioning the legality of a 1968 Pennsylvania law that allowed religious schools to collect reimbursement for some costs as long as those expenses - like books and salaries - were linked to secular subjects also taught in public schools.

On June 28, 1971, Chief Justice Warren E. Burger ruled that the law violated the First Amendment, which prohibits government establishment of religion.

In his opinion in Lemon v. Kurtzman, Burger created the Lemon test, "which requires courts to consider whether the challenged government practice has a secular purpose, whether its primary effect is to advance or inhibit religion, and whether it fosters excessive government entanglement with religion," the New York Times wrote.

Burger threw out the Pennsylvania law because it failed the Lemon test's entanglement provision.

The Lemon test has been criticized, but remains in wide use by lower courts in deciding First Amendment cases, the Times wrote.

A longtime West Mount Airy resident, Mr. Lemon was hailed in the Philadelphia press at the time as a "First Amendment hero" for volunteering to be named as a plaintiff in the lawsuit.

Born in McDonough, Ga., to a tailor and his wife, Mr. Lemon was the second of three children.

He grew up in Atlanta and attended public schools through the 10th grade, then graduated from a private high school in Lawrenceville, Va. In 1950, he earned a bachelor's degree in mathematics from Morehouse College in Atlanta.

Mr. Lemon married Augusta Ramsey in 1951 in Birmingham, Ala. The two moved to Philadelphia, where she had already landed a nursing position.

He served in the Army for two years, then worked as a civilian for the Department of Defense at Aberdeen (Md.) Proving Grounds.

Mr. Lemon decided to become a social worker. He graduated with a master's degree in social work from the University of Pennsylvania in 1965 and began a long career of public service and community organizing.

He worked for Bristol Township Community Action, North City Congress, Germantown Settlement, the Department of Housing and Urban Development, and the Department of Energy, where he was the equal opportunity and training officer. He retired in December 1987.

In retirement, he served as president of the Greater Philadelphia Chapter of the Morehouse College Alumni Association and head of the Philadelphia Ethical Society. He was a lifetime member of the ACLU, the NAACP, and the West Mount Airy Neighbors Community Association.

He enjoyed traveling, listening to jazz, and caring for his grandchildren. His son, Anthony George, described Mr. Lemon as "a people person" who stood up for what he believed.

Surviving, besides his son and wife of 63 years, are two grandchildren and a nephew.

A memorial service will be at 11 a.m. Saturday, June 8, at Rydal Park, 1515 The Fairway, Jenkintown. Mr. Lemon donated his body to science.

Donations may be made to the Alzheimer's Association Delaware Valley Chapter, Box 96011, Washington, D.C. 20090.

at 610-313-8102 or bcook@phillynews.com.