The Pennsylvania legislature passed Act 109, which reimbursed nonpublic religious schools for certain secular educational services. On June 28, 1971, the Supreme Court held that Act 109 violated the Establishment Clause of the First Amendment. The case was remanded, and on remand the district court entered an order which permitted the State to reimburse nonpublic religious schools for services provided before Act 109 was declared constitution. Lemon and others challenged the district court's opinion, asserting that the district court erred in refusing to enjoin payment of around $24 million set aside by the State to compensate nonpublic religious schools for educational services rendered during the 1970-1971 school year.
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