grand rapids school district ball argued december decided july petitioner school district adopted two programs shared time community education provide classes nonpublic school students public expense classrooms located leased nonpublic schools shared time program offers classes regular schoolday intended supplement core curriculum courses required state shared time teachers employees public schools significant portion previously taught nonpublic schools community education program offers classes conclusion regular schoolday voluntary courses offered public schools others community education teachers public school employees part otherwise employed full time nonpublic school community education classes held private schools involved programs identifiably religious schools students attending programs students otherwise attend particular school classes held respondent taxpayers filed suit federal district school district certain state officials alleging programs violated establishment clause first amendment made applicable fourteenth amendment agreed entered judgment respondents enjoined operation programs appeals affirmed held shared time community education programs primary principal effect advancing religion therefore violate dictates establishment clause pp even praiseworthy secular purpose providing education schoolchildren validate government aid parochial schools aid effect promoting single religion religion generally aid unduly entangles government matters religious pp challenged programs effect impermissibly promoting religion three ways first teachers influenced pervasively sectarian nature religious schools work may subtly overtly indoctrinate students particular religious tenets public expense second symbolic union church state inherent provision secular public instruction religious school buildings threatens convey message state support religion students general public third programs effect subsidize religious functions parochial schools taking substantial portion responsibility teaching secular subjects pp brennan delivered opinion marshall blackmun powell stevens joined burger post post filed opinions concurring judgment part dissenting part white post rehnquist post filed dissenting opinions kenneth ripple special assistant attorney general michigan argued cause petitioners briefs william farr john oostema stuart hubbell frank kelley attorney general louis caruso solicitor general gerald young assistant attorney general michael mcconnell argued cause pro hac vice amicus curiae urging reversal brief solicitor general lee acting assistant attorney general willard deputy solicitor general bator deputy assistant attorney general kuhl anthony steinmeyer michael jay singer dick howard argued cause respondents brief albert dilley briefs amici curiae urging reversal filed national jewish commission law public affairs colpa nathan lewin dennis rapps daniel chazin catholic conference wilfred caron john liekweg briefs amici curiae urging affirmance filed american jewish congress et al marc stern ronald krauss jack novik burt neuborne charles sims justin finger jeffrey sinensky americans separation church state lee boothby baptist joint committee public affairs et al john baker justice brennan delivered opinion school district grand rapids michigan adopted two programs classes nonpublic school students financed public school system taught teachers hired public school system conducted leased classrooms nonpublic schools nonpublic schools involved programs sectarian religious schools case raises question whether programs impermissibly involve government support sectarian religious activities thus violate establishment clause first amendment issue case community education shared time programs offered nonpublic schools grand rapids michigan programs first instituted school year provide classes nonpublic school students public expense classrooms located leased local nonpublic schools shared time program offers classes regular schoolday intended supplementary core curriculum courses state michigan requires part accredited school program among subjects offered remedial enrichment mathematics remedial enrichment reading art music physical education typical nonpublic school student attends classes one two class periods per week approximately ten percent given nonpublic school student time academic year consist shared time instruction americans separation church state school dist grand rapids supp wd although shared time program offered nonpublic schools testimony courses included program offered albeit perhaps somewhat different form public schools well classes subject case taught elementary schools exception math topics remedial mathematics course taught secondary schools shared time teachers employees public schools often move classroom classroom course schoolday significant portion teachers approximately previously taught nonpublic schools many assigned nonpublic school previously employed school district grand rapids hires shared time teachers accordance ordinary hiring procedures ibid public school system apparently provides supplies materials equipment used connection shared time instruction see app community education program offered throughout grand rapids community schools sites children well adults classes issue taught nonpublic elementary schools commence conclusion regular schoolday among courses offered arts crafts home economics spanish gymnastics yearbook production christmas arts crafts drama newspaper humanities chess model building nature appreciation district found lthough certain community education courses offered nonpublic school sites offered public schools community education basis community education programs otherwise available public schools usually part extensive regular curriculum community education teachers public school employees community education courses completely voluntary offered students enroll teacher necessary attract requisite number students school district accords preference hiring instructors already teaching within school thus virtually every community education course conducted facilities leased nonpublic schools instructor otherwise employed full time nonpublic school ibid programs administered similarly director program public school employee sends packets course listings participating nonpublic schools school year begins nonpublic school administrators decide courses want offer director works academic schedule school taking account inter alia varying religious holidays celebrated schools different denominations nonpublic school administrators decide classrooms used programs director inspects facilities consults shared time teachers make sure facilities satisfactory public school system pays nonpublic schools use necessary classroom space entering leases rate per classroom per week leases however contain mention particular room space facility leased teachers rooms libraries lavatories similar facilities made available additional charge room used programs free crucifix religious symbol artifact although religious symbols present adjoining hallways corridors facilities used connection program time given classroom used programs teacher required post sign stating public school classroom however signs posted outside school buildings indicating public school courses conducted inside facilities used public school annex although petitioners label shared time community education students public school students students attending shared time community education courses facilities leased nonpublic school students attend particular school otherwise evidence public school student ever attended shared time community education class nonpublic school district found hough defendants claim shared time program available students record abundantly clear nonpublic school students wearing cloak public school student enroll ibid district noted hereas public school students assembled public facility nearest residence students religious schools assembled basis religion without consideration residence school district boundaries thus beneficiaries wholly designated basis religion public school classes contrast ordinary public school classes largely neighborhood based segregated religion schools offered forty schools programs operate sectarian character schools course vary one another substantial evidence suggests share deep religious purposes instance parent handbook one catholic school goals catholic education god oriented environment permeates total educational program christian atmosphere guides encourages participation church commitment social justice continuous development knowledge catholic faith traditions teachings theology policy statement christian schools similarly proclaims sufficient teachings christianity separate subject curriculum word god must force educational program christian schools require parents seeking enroll children either subscribe particular doctrinal statement agree children taught according doctrinal statement district found schools pervasively sectarian concluded without hesitation purposes schools advance particular religions substantial portion functions subsumed religious mission respondents six taxpayers filed suit school district grand rapids number state officials charged shared time community education programs violated establishment clause first amendment constitution made applicable fourteenth amendment everson board education bench trial district entered judgment merits behalf respondents enjoined operation programs applying familiar purpose effect entanglement test set lemon kurtzman held although purpose programs secular effect distinctly impermissible relied particular fact programs issue involved publicly provided instructional services served nonpublic school students segregated largely religion nonpublic school premises also noted programs conferred direct benefits financial otherwise sectarian institutions finally found programs necessarily entailed unacceptable level entanglement political administrative public school systems sectarian schools petitioners appealed judgment district appeals sixth circuit divided panel appeals affirmed americans separation church state school dist grand rapids granted certiorari affirm ii first amendment guarantee congress shall make law respecting establishment religion cases demonstrate pledge single religion designated state religion committee public education religious liberty nyquist lemon kurtzman supra mcgowan maryland also mere injunction governmental programs discriminating among religions unconstitutional see abington school district schempp mccollum board education establishment clause instead primarily proscribes sponsorship financial support active involvement sovereign religious activity nyquist supra see also walz tax justice black writing everson board education supra stated neither state federal government pass laws aid one religion aid religions prefer one religion another tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion since everson made clear guarantees establishment clause apply often grappled problem state aid nonpublic religious schools cases goal give meaning sparse language broad purposes clause unduly infringing ability provide welfare people accordance particular circumstances providing education schoolchildren surely praiseworthy purpose cases consistently recognized even praiseworthy secular purpose validate government aid parochial schools aid effect promoting single religion religion generally aid unduly entangles government matters religious religion throughout history provided spiritual comfort guidance inspiration many also serve powerfully divide societies exclude whose beliefs accord particular religions sects time time achieved dominance solution problem adopted framers consistently recognized jealously guard right every individual worship according dictates conscience requiring government maintain course neutrality among religions religion way make room wide variety beliefs creeds spiritual needs man deem necessary sponsor attitude part government shows partiality one group lets flourish according zeal adherents appeal dogma zorach clauson noted test first articulated lemon kurtzman supra guides general nature inquiry area mueller allen every analysis area must begin consideration cumulative criteria developed many years three tests may gleaned cases first statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion board education allen finally statute must foster excessive government entanglement religion walz tax lemon kurtzman often true school aid cases dispute first test district appeals found purpose community education shared time programs manifestly secular see also find reason disagree holding therefore go consider whether primary principal effect challenged programs advance inhibit religion inquiry must begin consideration nature institutions programs operate private schools public schools operated identifiably religious schools true school may share characteristics religious schools articulated example complaint meek pittenger supra see also lemon kurtzman supra district found however ased upon massive testimony exhibits conclusion inescapable religious institutions receiving instructional services public schools sectarian sense substantial portion functions subsumed religious mission see hunt mcnair meek pittenger supra purpose many schools provide integrated secular religious education walz tax assure future adherents particular faith affirmative dominant policy church schools religious schools sectarian schools subject past cases secular education schools provide goes hand hand religious mission reason schools existence within institution two inextricably intertwined lemon kurtzman supra opinion brennan see also meek pittenger supra board education allen given schools case thus pervasively sectarian challenged public school programs operating religious schools may impermissibly advance religion three different ways first teachers participating programs may become involved intentionally inadvertently inculcating particular religious tenets beliefs second programs may provide crucial symbolic link government religion thereby enlisting least eyes impressionable youngsters powers government support religious denomination operating school third programs may effect directly promoting religion impermissibly providing subsidy primary religious mission institutions affected although establishment clause jurisprudence characterized absolutes clause absolutely prohibit indoctrination beliefs particular religious faith see stone graham per curiam meek pittenger supra lemon kurtzman supra state must certain given religion clauses subsidized teachers inculcate religion levitt committee public education religious liberty state constitutionally compelled assure activity used religious indoctrination engel vitale zorach clauson government may finance religious groups undertake religious instruction blend secular sectarian education indoctrination permitted occur devastating effects right individual voluntarily determine believe believe free coercive pressures state time tainting resulting religious beliefs corrosive secularism meek pittenger invalidated statute providing loan professional staff including teachers nonpublic schools provide remedial accelerated instruction guidance counseling testing services premises nonpublic schools program subjected comprehensive discriminating continuing state surveillance lemon kurtzman quoted meek supra entail unacceptable risk instructional personnel advance religious mission schools serve meek even though teachers paid state potential impermissible fostering religion circumstances although somewhat reduced nonetheless present program meek sufficiently monitored simply entailed great risk indoctrination programs us today share defect identified meek respect community education program district found virtually every community education course conducted facilities leased nonpublic schools instructor otherwise employed full time nonpublic school instructors many doubt teach religious schools precisely adherents controlling denomination want serve religious community zealously expected regular schoolday inculcate students tenets beliefs particular religious faiths yet premise program instructors put aside religious convictions engage entirely secular community education instruction soon schoolday moreover expected religious school students religious school classrooms employed advance religious purposes official schoolday nonetheless petitioners asserted community education classes specifically monitored religious content app question dedicated professional religious school teachers employed community education program attempt good faith perform secular mission conscientiously cf lemon supra nonetheless substantial risk overtly subtly religious message expected convey regular schoolday infuse supposedly secular classes teach school danger arises public employee likely deliberately subvert task service religion rather pressures environment might alter behavior normal course wolman walter conflict functions inheres situation lemon kurtzman supra shared time program though structured somewhat differently nonetheless also poses substantial risk indoctrination important difference programs instructors shared time program teachers hired public schools moreover although virtually every community education instructor religious school teacher significant portion shared time instructors previously worked religious schools nonetheless community education program attempt made monitor shared time courses religious content app thus despite differences two programs holding meek controls inquiry respect shared time well community education shared time instructors teaching academic subjects religious schools courses virtually indistinguishable courses offered regular religious schoolday teachers program even community education colleagues performing important educational services schools education integral part dominant sectarian mission atmosphere dedicated advancement religious belief constantly maintained meek pittenger teachers atmosphere may well subtly overtly conform instruction environment teach students perceive instruction provided context dominantly religious message institution thus reinforcing indoctrinating effect stated meek hether subject remedial reading advanced reading simply reading teacher remains teacher danger religious doctrine become intertwined secular instruction persists unlike types aid upheld standardized tests committee public education religious liberty regan diagnostic services wolman walter supra substantial risk programs operating environment used religious educational purposes committee public education religious liberty regan supra appeals course recognized respondents adduced evidence specific incidents religious indoctrination case absence proof specific incidents dispositive conducting supposedly secular class pervasively sectarian environment religious school teacher may knowingly unwillingly tailor content course fit school announced goals reason believe kind ideological influence detected reported students parents school system students presumably attending religious schools precisely order receive religious instruction spending balance schoolday classes heavily influenced religious perspective little motivation ability discern improper ideological content may creep shared time community education course neither parents parochial schools cause complain effect publicly supported instruction advance schools sectarian mission public school system incentive detect report specific incidents improper indoctrination thus lack evidence specific incidents indoctrination little significance cases recognized establishment clause guards direct efforts indoctrinate youngsters specific religious beliefs government promotes religion effectively fosters close identification powers responsibilities religious denominations attempts inculcate specific religious doctrines identification conveys message government endorsement disapproval religion core purpose establishment clause violated see lynch donnelly concurring cf abington school district schempp history teaches powerful sects groups might bring fusion governmental religious functions concert dependency one upon end official support state federal government placed behind tenets one orthodoxies stated larkin grendel den mere appearance joint exercise legislative authority church state provides significant symbolic benefit religion minds reason power conferred see also widmar vincent finding effect incidental primary confer imprimatur state approval religious sects practices follows important concern effects test whether symbolic union church state effected challenged governmental action sufficiently likely perceived adherents controlling denominations endorsement nonadherents disapproval individual religious choices inquiry kind effect must conducted particular care many citizens perceiving governmental message children formative years cf widmar vincent supra tilton richardson symbolism union church state likely influence children tender years whose experience limited whose beliefs consequently function environment much free voluntary choice cases recognized sensitivity symbolic impact union church state grappling problems many ways parallel face today mccollum board education held public school may permit religious instruction premises part school program even participation instruction entirely voluntary even instruction conducted nonpublic school personnel yet zorach clauson held similar program conducted premises public school passed constitutional muster difference symbolic impact helps explain difference cases symbolic connection church state mccollum program presented students graphic symbol concert union dependency church state see zorach supra symbolic union conspicuously absent zorach program programs challenged case religious school students spend typical schoolday moving religious school public school classes types classes take place religious school building largely composed students adherents denomination environment students unlikely discern crucial difference religious school classes public school classes even latter successfully kept free religious indoctrination one commentator written pervasive religious atmosphere makes young student mind lasting imprint holy transcendental central facets life increases respect church institution guide one total life adjustments undoubtedly helps stimulate interest religious vocations short parochial school total operation serves fulfill secular religious functions concurrently two completely separated support part activity entails support disqualifying religious function molding religious personality young student giannella religious liberty nonestablishment doctrinal development part ii nonestablishment principle harv rev judge friendly writing second circuit companion case case bar stated city plan public school teachers far appearance concerned regular adjunct religious school pace halls use classrooms building teach students confer teachers hired religious schools many members religious orders religious school appears public joint enterprise staffed teachers paid religious sponsor others public felton secretary dept everson board education stated tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion one exception subsequent cases struck attempts make payments public tax dollars directly primary secondary religious educational institutions see committee public education religious liberty nyquist reimbursement maintenance repair expenses levitt committee public education religious liberty reimbursement tests lemon kurtzman salary supplements nonpublic school teachers see committee public education religious liberty regan permitting public subsidy certain routinized recordkeeping testing services performed nonpublic schools required state law aside cash payments distinguished two categories programs public funds used finance secular activities religious schools otherwise fund resources first category noted well established every law confers indirect remote incidental benefit upon religious institutions reason alone constitutionally invalid committee public education religious liberty nyquist supra roemer maryland public works board hunt mcnair indirect aid cases government used primarily secular means accomplish primarily secular end primary effect advancing religion thus found rationale upheld programs providing loans secular textbooks nonpublic school students board education allen see also wolman walter meek pittenger programs providing bus transportation nonpublic school children everson board education supra second category cases relied establishment clause prohibition forms aid provide direct substantial advancement sectarian enterprise wolman walter supra direct aid cases government although acting secular purpose done directly supporting religious institution rationale struck state schemes providing tuition grants tax benefits parents whose children attend religious school see sloan lemon committee public education religious liberty nyquist supra programs providing loan instructional materials used religious schools see wolman walter supra meek pittenger supra sloan nyquist aid formally given parents directly religious schools wolman meek aid assistance rather direct contribution public funds nonetheless differences form insufficient save programs whose effect indistinguishable direct subsidy religious school thus never accepted mere possibility subsidization cases demonstrate sufficient invalidate aid program hand effect wholly unimportant establishment clause purposes public schools gradually take entire responsibility teaching secular subjects religious school premises question case must whether effect proffered aid direct substantial committee public education religious liberty nyquist supra indirect incidental problem like many problems constitutional law one degree zorach clauson noted past religious school dual functions providing students secular education promotes particular religious perspective see mueller allen board education allen supra meek wolman held unconstitutional state programs providing loans instructional equipment materials religious schools ground programs advanced primary educational function sectarian school meek supra wolman supra cf wolman supra upholding provision diagnostic services general welfare services children may provided state regardless incidental benefit accrues schools quoting meek supra programs challenged provide teachers addition instructional equipment materials similar forbidden effect advancing religion kind direct aid educational function religious school indistinguishable provision direct cash subsidy religious school clearly prohibited establishment clause petitioners claim aid like textbooks allen flows primarily students religious schools course aid religious schools ultimately flows students petitioners argument accepted validate forms nonideological aid religious schools including explicitly rejected prior cases yet meek held unconstitutional loan instructional materials religious schools wolman rejected fiction similar program saved masking aid individual students wolman page follows fortiori aid includes instructional materials also provision instructional services teachers parochial school building inescapably primary effect providing direct substantial advancement sectarian enterprise meaningful distinction made aid student aid school concept loan individuals transparent fiction wolman walter supra opinion powell petitioners also argue subsidy effect significant case community education shared time programs supplemented curriculum courses previously offered religious schools required school rule state regulation course fails distinguish programs found unconstitutional meek see meek find feature program controlling first way knowing whether religious schools offered courses public school system offered first distinction courses supplement supplant regular curriculum therefore nearly clear petitioners allege second although precise courses offered programs may new participating religious schools general subject matter reading mathematics etc surely part curriculum past concerns establishment clause may thus triggered despite supplemental nature courses cf meek pittenger third important petitioners argument permit public schools gradually take entire secular curriculum religious school latter surely discontinue existing courses might replaced year two later community education shared time course content average religious school student instance spends schoolday shared time classes principled basis impose limit percentage religious schoolday subsidized public school let genie bottle case permit ever larger segments religious school curriculum turned public school system thus violating cardinal principle state may effect become prime supporter religious school system see lemon kurtzman iii conclude challenged programs effect promoting religion three ways instructors influenced pervasively sectarian nature religious schools work may subtly overtly indoctrinate students particular religious tenets public expense symbolic union church state inherent provision secular instruction religious school buildings threatens convey message state support religion students general public finally programs effect subsidize religious functions parochial schools taking substantial portion responsibility teaching secular subjects reasons conclusion inescapable community education shared time programs primary principal effect advancing religion therefore violate dictates establishment clause first amendment nonpublic schools played important role development american education long recognized parents children right choose public schools available sectarian alternatives chief justice noted lemon kurtzman supra othing said construed disparage role elementary secondary schools national life contribution enormous establishment clause rest belief union government religion tends destroy government degrade religion engel vitale therefore constitution decrees religion must private matter individual family institutions private choice involvement entanglement inevitable lines must drawn lemon kurtzman supra controlling constitutional standards become firmly rooted broad contours inquiry well defined committee public education religious liberty nyquist position lines become quite clear requires affirmance appeals ordered footnotes signs read follows grand rapids public schools room room leased grand rapids public school district purpose conducting public school educational programs activity room controlled solely grand rapids public school district app expected large majority students attending religious schools belong denomination controls school district found instance approximately students catholic schools catholic schools roman catholic seven christian reformed three lutheran one seventh day adventist one baptist petitioners alleged respondents lacked taxpayer standing flast cohen valley forge christian college americans separation church state district appeals rejected standing challenge affirm finding relying numerous cases adjudicated establishment clause challenges state taxpayers programs aiding nonpublic schools see wolman walter roemer maryland public works board meek pittenger sloan lemon committee public education religious liberty nyquist hunt mcnair levitt committee public education religious liberty lemon kurtzman everson board education elementary secondary schools case differ substantially colleges refused characterize pervasively sectarian roemer maryland public works board see also hunt mcnair tilton richardson many schools case include prayer attendance religious services part curriculum run churches organizations whose members must subscribe particular religious tenets faculties student bodies composed largely adherents particular denomination give preference attendance children belonging denomination approximately shared time instructors previously employed religious schools many reassigned back school previously taught public school system include shared time teachers ordinary teacher evaluation program subjects evaluation year first year teaching every three years app instance held prayers conducted commencement legislative session violate establishment clause part long historical usage lack particular sectarian content marsh chambers never indulged similar assumption respect prayers conducted opening schoolday abington school district schempp engel vitale compare meek pittenger invalidating program providing remedial services religious school premises wolman walter upholding program providing similar services neutral sites premises religious school see supra indirect subsidy effect evokes establishment clause concerns public funds flow institution religion pervasive substantial portion functions subsumed religious mission hunt mcnair case district explicitly found participating nonpublic schools pervasively religious sense reason inquiry whether aid direct substantial necessary petitioners also cite mueller allen upheld general tax deduction available parents schoolchildren school expenses including tuition religious schools mueller however quite unlike instant case unlike mueller aid provided unmediated tax code numerous private choices individual parents children conclusion need determine whether aspects challenged programs impermissibly entangle government religious matters violation third prong lemon test see aguilar felton post chief justice burger concurring judgment part dissenting part agree decisions lemon kurtzman earley dicenso decided together lemon grand rapids community education program violates establishment clause shared time program dissent reasons stated dissenting opinion aguilar felton post justice concurring judgment part dissenting part reasons stated dissenting opinion aguilar felton post dissent holding grand rapids shared time program impermissibly advances religion like new york title program grand rapids shared time program employs public school teachers offer supplemental instruction parochial school children premises religious schools nothing record indicates shared time instructors attempted proselytize students see reason public school teachers grand rapids likely counterparts new york disobey instructions relies district finding significant portion shared time instructors previously taught nonpublic schools many assigned nonpublic school previously employed americans separation church state school dist grand rapids supp wd see ante fact shared time instructors ever employed parochial school fraction work parochial school previously employed app experience teachers significantly increase risk perceived actual effect shared time program inculcate religion public expense uphold shared time program agree however community education program violates establishment clause record indicates community education courses parochial schools overwhelmingly taught instructors current employees parochial school teachers offer secular subjects parochial school students attend regular parochial school classes addition supervisors community education program parochial schools large principals schools classes offered parochial school teachers receive public funds teach secular courses parochial school students parochial school supervision agree program perceived actual effect advancing religious aims schools particularly case religion pervades curriculum teachers accustomed bring religion play everything teach concur judgment community education program violates establishment clause justice white dissenting evidenced dissenting opinions lemon kurtzman committee public education religious liberty nyquist long disagreed interpretation application establishment clause context state aid private schools reasons stated dissents firmly belief decisions cases like decisions lemon nyquist required first amendment contrary interests country reasons satisfied sought cases well within authority forbidden establishment clause hence dissent reverse judgment cases opinion applies also aguilar et al felton et secretary department education felton et chancellor board education city new york felton et post justice rehnquist dissenting dissent reasons stated dissenting opinion wallace jaffree relies heavily principles everson board education mccollum board education ante declines discuss faulty wall premise upon cases rest blinds first years history establishment clause today attempts give content effects prong lemon test holding symbolic link government religion creates impermissible effect ante one wonders teaching math topics spanish gymnastics struck today creates greater symbolic link municipal creche upheld lynch donnelly legislative chaplain upheld marsh chambers unfortunate result case support holding despite disclaimers impugns integrity public school teachers contrary law teachers promises assumed eager inculcators religious dogma see ante requiring words ongoing inspection aguilar felton post see ante one instance attempted religious inculcation exists records cases decided today even though grand rapids new york programs operation number years reverse