hunt
mcnair
argued
february
decided
june
action
injunctive
declaratory
relief
appellant
challenges
south
carolina
educational
facilities
authority
act
violative
establishment
clause
first
amendment
insofar
authorizes
proposed
financing
transaction
involving
issuance
revenue
bonds
benefiting
college
act
establishes
educational
facilities
authority
assist
issuance
revenue
bonds
higher
educational
institutions
constructing
financing
projects
buildings
facilities
site
preparation
including
facility
sectarian
instruction
religious
worship
neither
state
authority
obligated
directly
indirectly
pay
principal
interest
bonds
state
taxing
power
pledged
implicated
expenses
authority
also
must
paid
solely
revenues
projects
authority
gave
preliminary
approval
application
submitted
college
whose
students
baptists
subsequently
modified
application
requests
issuance
revenue
bonds
used
refinancing
capital
improvements
completing
dining
hall
statutory
scheme
project
conveyed
authority
lease
back
college
reconveyance
college
full
payment
bonds
lease
agreement
contain
clause
obligating
institution
observe
act
restrictions
sectarian
use
enabling
authority
conduct
inspections
provision
reconveyance
restrict
project
nonsectarian
use
trial
denied
appellant
relief
state
affirmed
vacated
judgment
remanded
case
reconsideration
light
lemon
kurtzman
intervening
decisions
state
adhered
earlier
decision
held
act
construed
south
carolina
guidelines
lemon
kurtzman
supra
violate
establishment
clause
pp
purpose
act
secular
benefits
statute
available
institutions
higher
education
state
whether
religious
affiliation
pp
statute
primary
effect
advancing
inhibiting
religion
college
involved
significant
sectarian
orientation
project
must
confined
secular
purpose
lease
agreement
enforced
inspection
provisions
forbidding
religious
use
pp
statute
foster
excessive
entanglement
religion
record
show
religion
permeates
college
inspection
authority
insure
project
used
religious
purposes
necessarily
lead
entanglement
authority
statutory
power
participate
certain
management
decisions
also
effect
view
narrow
construction
state
limiting
power
insuring
college
fees
suffice
meet
bond
payments
absent
default
lease
agreement
leave
full
responsibility
college
regarding
fees
general
operations
pp
powell
delivered
opinion
burger
stewart
white
blackmun
rehnquist
joined
brennan
filed
dissenting
opinion
douglas
marshall
joined
post
robert
mcc
figg
argued
cause
appellant
brief
thomas
bryant
huger
sinkler
argued
cause
appellees
brief
daniel
mcleod
attorney
general
south
carolina
theodore
guerard
george
kugler
attorney
general
stephen
skillman
assistant
attorney
general
charles
parker
lewis
popper
deputy
attorneys
general
filed
brief
state
new
jersey
amicus
curiae
urging
affirmance
justice
powell
delivered
opinion
appellant
south
carolina
taxpayer
brought
action
challenge
south
carolina
educational
facilities
authority
act
act
code
ann
et
seq
supp
violative
establishment
clause
first
amendment
insofar
authorizes
proposed
financing
transaction
involving
issuance
revenue
bonds
benefit
baptist
college
charleston
college
trial
denial
relief
affirmed
south
carolina
vacated
judgment
remanded
case
reconsideration
light
intervening
decisions
lemon
kurtzman
earley
dicenso
robinson
dicenso
tilton
richardson
remand
south
carolina
adhered
earlier
position
affirm
begin
setting
general
structure
act
act
established
educational
facilities
authority
authority
purpose
assist
institutions
higher
education
construction
financing
refinancing
projects
code
ann
supp
primarily
issuance
revenue
bonds
terms
act
project
may
encompass
buildings
facilities
site
preparation
related
items
may
include
facility
used
used
sectarian
instruction
place
religious
worship
facility
used
used
primarily
connection
part
program
school
department
divinity
religious
denomination
code
ann
supp
revenue
bonds
used
connection
project
issued
authority
act
quite
explicit
bonds
shall
obligations
state
directly
indirectly
revenue
bonds
issued
provisions
chapter
shall
deemed
constitute
debt
liability
state
political
subdivision
thereof
pledge
faith
credit
state
political
subdivision
shall
payable
solely
funds
herein
provided
therefor
revenues
revenue
bonds
shall
contain
face
thereof
statement
effect
neither
state
south
carolina
authority
shall
obligated
pay
interest
thereon
except
revenues
project
portion
thereof
issued
neither
faith
credit
taxing
power
state
south
carolina
political
subdivision
thereof
pledged
payment
principal
interest
bonds
issuance
revenue
bonds
provisions
chapter
shall
directly
indirectly
contingently
obligate
state
political
subdivision
thereof
levy
pledge
form
taxation
whatever
therefor
make
appropriation
payment
code
ann
supp
january
college
submitted
authority
preliminary
approval
application
issuance
revenue
bonds
proposal
authority
issue
bonds
make
proceeds
available
college
use
connection
portion
campus
designated
project
project
within
meaning
act
return
college
convey
project
without
cost
authority
lease
property
conveyed
back
college
payment
full
bonds
project
reconveyed
college
authority
granted
preliminary
approval
january
present
form
application
requests
issuance
revenue
bonds
totaling
applied
refund
financing
capital
improvements
applied
completion
dining
hall
facilities
advantage
financing
educational
institutions
authority
derives
relevant
provisions
federal
south
carolina
state
income
tax
laws
provide
effect
interest
bonds
subject
income
taxation
status
interest
enables
authority
instrumentality
state
market
bonds
significantly
lower
rate
interest
educational
institution
forced
pay
borrowed
money
conventional
private
financing
college
application
authority
preliminary
one
details
financing
arrangement
yet
fully
worked
rules
regulations
adopted
authority
govern
certain
aspects
see
jurisdictional
statement
appendix
pp
every
lease
agreement
authority
institution
must
contain
clause
obligating
institution
neither
leased
land
facility
located
thereon
shall
used
sectarian
instruction
place
religious
worship
connection
part
program
school
department
divinity
religious
denomination
consideration
appellant
establishment
clause
claim
extends
proposal
approved
preliminarily
additions
contemplated
act
rules
decisions
courts
reaffirm
today
committee
public
education
religious
liberty
nyquist
post
principles
govern
consideration
challenges
statutes
violative
establishment
clause
three
first
statute
must
secular
legislative
purpose
second
principal
primary
effect
must
one
neither
advances
inhibits
religion
finally
statute
must
foster
excessive
government
entanglement
religion
lemon
kurtzman
purpose
statute
manifestly
secular
one
benefits
act
available
institutions
higher
education
south
carolina
whether
religious
affiliation
legislature
declaration
purpose
may
always
fair
guide
true
intent
appellant
makes
suggestion
introductory
paragraph
act
represents
anything
statement
purpose
hereby
declared
benefit
people
state
increase
commerce
welfare
prosperity
improvement
health
living
conditions
essential
future
generations
youth
given
fullest
opportunity
learn
develop
intellectual
mental
capacities
essential
institutions
higher
education
within
state
provided
appropriate
additional
means
assist
youth
achieving
required
levels
learning
development
intellectual
mental
capacities
purpose
chapter
provide
measure
assistance
alternative
method
enable
institutions
higher
education
state
provide
facilities
structures
sorely
needed
accomplish
purposes
chapter
public
benefit
good
extent
manner
provided
herein
code
ann
supp
identify
primary
effect
narrow
focus
statute
whole
transaction
presently
us
whatever
may
initial
appeal
proposition
establishment
clause
prohibits
program
manner
aids
institution
religious
affiliation
consistently
rejected
bradfield
roberts
walz
tax
tilton
richardson
stated
another
way
accepted
recurrent
argument
aid
forbidden
aid
one
aspect
institution
frees
spend
resources
religious
ends
aid
normally
may
thought
primary
effect
advancing
religion
flows
institution
religion
pervasive
substantial
portion
functions
subsumed
religious
mission
funds
specifically
religious
activity
otherwise
substantially
secular
setting
tilton
richardson
supra
refused
strike
direct
federal
grant
four
colleges
universities
connecticut
chief
justice
burger
plurality
concluded
despite
institutional
rhetoric
none
four
colleges
pervasively
sectarian
held
open
possibility
future
cases
individual
projects
properly
evaluated
challenges
arise
respect
particular
recipients
evidence
presented
show
institution
fact
possess
characteristics
conclude
proposed
transaction
place
authority
position
providing
aid
religious
opposed
secular
activities
college
scope
authority
power
assist
institutions
higher
education
extends
projects
act
specifically
project
shall
include
buildings
facilities
used
religious
purposes
absence
evidence
contrary
must
assume
proposed
financing
refinancing
relates
buildings
facilities
within
properly
delimited
project
clear
record
portion
campus
conveyed
college
authority
leased
back
financed
event
must
part
project
subject
prohibition
use
religious
purposes
addition
indicated
every
lease
agreement
must
contain
clause
forbidding
religious
use
another
allowing
inspections
enforce
agreement
reasons
satisfied
implementation
proposal
primary
effect
advancing
inhibiting
religion
final
question
posed
case
whether
arrangement
unconstitutional
degree
entanglement
state
college
appellant
argues
authority
become
involved
operation
college
inspecting
project
insure
used
religious
purposes
participating
management
decisions
college
opinion
lemon
plurality
opinion
tilton
grounded
proposition
degree
entanglement
arising
inspection
facilities
use
varies
large
measure
extent
religion
permeates
institution
finding
excessive
entanglement
lemon
relied
substantial
religious
character
elementary
schools
chief
justice
burger
opinion
plurality
tilton
placed
considerable
emphasis
fact
federal
aid
approved
spent
college
setting
since
religious
indoctrination
substantial
purpose
activity
colleges
universities
less
likelihood
primary
secondary
schools
religion
permeate
area
secular
education
enough
federal
government
financing
separable
secular
function
overriding
importance
order
sustain
legislation
challenged
closer
issue
precedents
presented
contention
authority
become
deeply
involved
financial
policy
decisions
college
authority
empowered
act
enerally
fix
revise
time
time
charge
collect
rates
rents
fees
charges
use
services
furnished
furnished
project
portion
thereof
contract
person
partnership
association
corporation
body
public
private
respect
thereof
establish
rules
regulations
use
project
portion
thereof
designate
participating
institution
higher
education
agent
establish
rules
regulations
use
project
undertaken
participating
institution
higher
education
code
ann
supp
south
carolina
pointed
act
patterned
closely
south
carolina
industrial
revenue
bond
act
perhaps
reason
appears
confer
unnecessarily
broad
power
responsibility
authority
opinion
however
reflects
narrow
interpretation
practical
operation
powers
counsel
plaintiff
argues
broad
language
act
causes
state
necessity
become
excessively
involved
operation
management
administration
college
construe
act
basic
function
authority
see
fees
charged
sufficient
meet
bond
payments
unconditionally
obligate
college
pay
sufficient
rentals
meet
principal
interest
requirements
become
due
bonds
impose
adequate
schedule
charges
fees
order
provide
adequate
revenues
operate
maintain
said
facilities
make
rental
payments
app
iii
case
comes
us
action
injunctive
declaratory
relief
test
constitutionality
act
applied
proposed
rather
actual
issuance
revenue
bonds
specific
provisions
act
bonds
issued
rules
regulations
authority
college
proposal
interpreted
south
carolina
confine
scope
assistance
secular
aspects
liberal
arts
college
foreshadow
excessive
entanglement
state
religion
accordingly
affirm
holding
act
constitutional
interpreted
applied
case
affirmed
footnotes
originally
submitted
college
approved
authority
proposal
called
issuance
exceeding
revenue
bonds
indicated
stipulation
counsel
college
subsequently
secured
bank
loan
amount
proposes
issuance
revenue
bonds
act
proceeds
used
repay
full
college
current
fund
balance
approximately
advanced
college
plant
fund
aforesaid
ii
refund
outstanding
loans
amount
whose
proceeds
pay
indebtedness
incurred
capital
improvements
iii
finance
completion
dining
hall
facilities
cost
approximately
app
emphasis
original
gross
income
federal
income
tax
purposes
include
interest
obligations
state
territory
possession
political
subdivision
foregoing
state
income
tax
purposes
gross
income
include
interest
upon
obligations
possessions
state
political
subdivision
thereof
code
ann
supp
rule
relating
lease
agreement
provides
part
lease
agreement
contains
provision
permitting
institution
repurchase
project
upon
payment
bonds
instance
lease
agreement
shall
provide
deed
reconveyance
authority
institution
shall
made
subject
condition
long
institution
voluntary
grantee
institution
shall
leased
premises
part
thereof
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thereon
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whole
part
proceeds
bonds
shall
used
sectarian
instruction
place
religious
worship
used
connection
part
program
school
department
divinity
religious
denomination
rule
goes
allow
institution
remove
option
case
involuntary
sales
condition
may
provide
option
institution
leased
premises
shall
become
subject
involuntary
judicial
sale
result
foreclosure
mortgage
sale
pursuant
order
title
vested
purchaser
judicial
sale
institution
shall
fee
simple
shall
free
condition
applicable
institution
voluntary
grantee
thereof
see
infra
board
education
allen
commented
importance
role
private
education
country
underlying
cases
underlying
also
legislative
judgments
preceded
decisions
recognition
private
education
played
playing
significant
valuable
role
raising
national
levels
knowledge
competence
experience
appellant
also
takes
issue
authority
rule
allowing
purchaser
involuntary
sale
take
title
free
restrictions
religious
use
see
supra
appellant
reliance
tilton
richardson
respect
misplaced
struck
provision
colleges
unrestricted
use
federally
financed
project
years
present
case
contrast
restriction
religious
use
lifted
institution
seeking
assistance
authority
voluntary
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purchaser
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sale
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institution
bidding
property
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property
outbidding
prospective
purchasers
speculative
possibility
absence
use
limitation
ever
afford
aid
religion
even
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acquiring
religious
institution
presumably
pay
fair
value
property
state
aid
involved
case
special
sort
expenditure
public
funds
either
grant
loan
reimbursement
state
expenditures
made
parochial
school
college
extending
committing
state
credit
rather
state
aid
consists
financial
assistance
directly
indirectly
implicate
public
funds
credit
creation
instrumentality
authority
educational
institutions
may
borrow
funds
basis
credit
security
property
upon
favorable
interest
terms
otherwise
available
new
jersey
characterized
assistance
rendered
educational
institution
act
generally
similar
south
carolina
act
merely
governmental
service
clayton
kervick
south
carolina
opinion
described
role
state
mere
conduit
conclude
primary
effect
assistance
afforded
neither
advance
inhibit
religion
lemon
tilton
need
decide
whether
appellees
argue
brief
appellees
importance
tax
exemption
south
carolina
scheme
brings
present
case
walz
tax
upheld
local
property
tax
exemption
included
religious
institutions
although
record
case
abbreviated
free
ambiguity
burden
rests
appellant
show
extent
college
church
related
cf
board
education
allen
failed
show
formalistic
church
relationship
tilton
established
formal
denominational
control
liberal
arts
college
render
aid
institution
violation
establishment
clause
far
record
concerned
showing
college
places
special
emphasis
baptist
denominational
sectarian
type
education
noted
faculty
student
body
open
persons
religious
affiliation
justice
brennan
justice
douglas
justice
marshall
join
dissenting
question
presented
case
whether
south
carolina
assistance
baptist
college
charleston
south
carolina
educational
facilities
authority
act
constitutes
constitutionally
impermissible
aid
state
sectarian
institution
test
adhere
determining
questions
whether
arrangement
state
baptist
college
foreclosed
establishment
clause
first
amendment
among
involvements
religious
secular
institutions
serve
essentially
religious
activities
religious
institutions
employ
organs
government
essentially
religious
purposes
use
essentially
religious
means
serve
governmental
ends
secular
means
suffice
abington
school
district
schempp
brennan
concurring
walz
tax
brennan
concurring
lemon
kurtzman
lemon
separate
opinion
brennan
act
authorizes
financing
arrangement
authority
baptist
college
charleston
south
carolina
educational
corporation
operated
south
carolina
baptist
convention
arrangement
college
convey
substantial
portion
campus
authority
authority
lease
back
property
college
agreed
rental
authority
issue
revenue
bonds
state
south
carolina
amount
bonds
payable
principal
interest
rents
paid
college
authority
lease
proceeds
sale
bonds
used
pay
outstanding
indebtedness
college
construct
additional
buildings
facilities
use
higher
education
operations
upon
payment
full
principal
interest
bonds
arrangement
requires
authority
reconvey
title
campus
properties
college
free
clear
liens
encumbrances
arrangement
however
amount
merely
mortgage
campus
property
authority
also
empowered
inter
alia
determine
location
character
project
financed
act
construct
maintain
manage
operate
lease
lessor
lessee
regulate
enter
contracts
management
operation
project
establish
rules
regulations
use
project
portion
thereof
fix
revise
time
time
rates
rents
fees
charges
use
project
services
furnished
furnished
project
portion
thereof
words
college
turns
state
authority
control
substantial
parts
fiscal
operation
school
life
blood
true
act
expressly
provides
state
financing
provided
facility
used
used
sectarian
instruction
place
religious
worship
facility
used
used
primarily
connection
part
program
school
department
divinity
religious
denomination
code
ann
supp
obligating
institution
neither
leased
land
facility
located
thereon
shall
used
sectarian
instruction
place
religious
worship
connection
part
program
school
department
divinity
religious
denomination
thus
crystal
clear
think
scheme
involves
state
degree
policing
affairs
college
far
exceeding
called
statutes
struck
lemon
supra
see
also
johnson
sanders
supp
aff
indeed
scheme
policing
state
become
extensive
state
may
well
end
complete
control
operation
college
least
life
bonds
college
freedom
engage
religious
activities
offer
religious
instruction
necessarily
circumscribed
pervasive
state
involvement
forced
upon
college
lose
benefits
act
seems
inescapable
content
courses
taught
facilities
financed
agreement
must
closely
monitored
state
authority
discharge
duty
ensure
facilities
used
sectarian
instruction
authority
must
also
involve
deeply
fiscal
affairs
college
even
point
fixing
tuition
rates
part
duty
assure
sufficient
revenues
meet
bond
interest
obligations
college
find
unable
meet
obligations
continued
existence
viable
sectarian
institution
almost
completely
hands
state
authority
thus
agreement
consequent
state
surveillance
ongoing
administrative
relationships
inescapably
entails
mutually
damaging
involvements
abington
school
district
schempp
brennan
concurring
lemon
separate
opinion
brennan
support
contrary
argument
adopts
much
reasoning
plurality
opinion
tilton
richardson
disagreed
reasoning
tilton
case
reasoning
utterly
failed
explain
programs
surveillance
inspection
kind
common
cases
differ
pennsylvania
rhode
island
programs
invalidated
lemon
said
tilton
equally
applicable
present
case
see
significant
difference
telling
sectarian
university
teach
nonsecular
subjects
certain
building
rhode
island
telling
catholic
school
teacher
lemon
teach
religion
vice
creation
subsidy
relationship
government
polices
teaching
practices
religious
school
university
separate
opinion
brennan
nlike
direct
continuing
payments
pennsylvania
program
lemon
incidents
regulation
surveillance
government
aid
construction
grant
continuing
financial
relationships
dependencies
annual
audits
government
analysis
institution
expenditures
secular
distinguished
religious
activities
south
carolina
arrangement
state
college
less
offensive
constitution
involves
asserts
direct
financial
support
college
state
establishment
clause
forbids
far
payment
public
funds
directly
support
sectarian
institutions
forbids
official
involvement
religion
whatever
form
tends
foster
discourage
religious
worship
belief
cases
many
struck
establishment
grounds
state
laws
provided
direct
financial
support
religious
institutions
various
forms
assistance
mccollum
board
education
release
time
program
engel
vitale
prayer
reading
public
schools
abington
school
district
schempp
bible
reading
public
schools
moreover
suggestion
constitutionality
statutory
program
aid
sectarian
institutions
dependent
whether
aid
characterized
direct
indirect
flatly
refuted
decisions
today
committee
public
education
religious
liberty
nyquist
post
sloan
lemon
post
cases
went
behind
mere
assertion
tuition
reimbursement
tax
exemption
programs
provided
direct
aid
sectarian
schools
concluded
substantive
impact
programs
essentially
direct
subsidy
state
south
carolina
arrangement
identical
constitutional
infirmities
state
forthrightly
aids
college
permitting
college
avail
state
unique
ability
borrow
money
low
interest
rates
college
turn
surrenders
state
comprehensive
continuing
surveillance
educational
religious
fiscal
affairs
college
conclusion
compelled
involves
state
essentially
religious
activities
religious
institutions
employ
organs
government
essentially
religious
purposes
therefore
dissent
reverse
judgment
south
carolina
one
denies
baptist
college
charleston
sectarian
institution
one
propagation
advancement
particular
religion
function
purpose
institution
lemon
kurtzman
separate
opinion
brennan
south
carolina
educational
facilities
authority
composed
members
state
budget
control
board
governor
state
treasurer
state
comptroller
general
chairman
finance
committee
state
senate
chairman
ways
means
committee
state
house
representatives
act
functions
powers
authority
hereby
granted
state
budget
control
board
incident
functions
connection
public
finances
state
code
ann
supp
outstanding
indebtedness
pertains
certain
unspecified
capital
improvements
app
thus
may
indebtedness
incurred
improvements
facilities
used
religious
purposes