bowen
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march
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group
federal
taxpayers
clergymen
american
jewish
congress
hereinafter
appellees
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action
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district
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marshall
stevens
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bowen
secretary
health
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services
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et
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al
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secretary
health
human
services
et
families
america
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solicitor
general
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appellee
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assistant
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general
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acting
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general
spears
deputy
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general
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deputy
assistant
attorney
general
cynkar
lawrence
robbins
michael
jay
singer
jay
bybee
theodore
hirt
michael
mcconnell
argued
cause
appellant
briefs
edward
grant
clarke
forsythe
paul
arneson
michael
woodruff
janet
benshoof
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cause
appellees
nos
appellants
briefs
lynn
paltrow
nan
hunter
rachael
pine
bruce
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fn
briefs
amici
curiae
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reversal
filed
attorney
general
arizona
et
al
gary
born
james
campbell
catholic
league
religious
civil
rights
et
al
steven
frederick
mcdowell
institute
youth
advocacy
gregory
loken
national
jewish
commission
law
public
affairs
nathan
lewin
dennis
rapps
national
right
life
committee
james
bopp
rutherford
institute
et
al
john
whitehead
david
morris
alfred
lindh
ira
still
iii
william
hollberg
randall
pentiuk
thomas
strahan
william
bonner
john
southworth
charles
bundren
catholic
conference
mark
chopko
philip
harris
briefs
amici
curiae
urging
affirmance
filed
american
public
health
association
et
al
john
hall
nadine
taub
judith
levin
baptist
joint
committee
public
affairs
et
al
oliver
thomas
committee
public
education
religious
liberty
leo
pfeffer
council
religious
freedom
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boothby
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nixon
rolland
truman
national
coalition
public
education
religious
liberty
et
al
david
isbell
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remes
herman
schwartz
legal
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education
fund
et
al
sarah
burns
marsha
levick
briefs
amici
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league
et
al
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teitel
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finger
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meyer
eisenberg
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freeman
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charities
et
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patrick
francis
geary
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association
et
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patricia
hennessey
chief
justice
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state
aid
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roemer
maryland
public
works
board
never
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finding
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institution
pervasively
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us
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aid
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cases
proxy
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institution
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aid
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schools
iii
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schools
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use
public
funds
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school
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secular
textbooks
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approved
use
public
schools
see
wolman
walter
meek
pittenger
grading
administering
tests
committee
public
education
religious
liberty
regan
books
teaching
materials
examinations
selected
designed
private
schools
however
consistently
held
government
aid
risked
advancing
religion
impermissibly
see
wolman
walter
levitt
committee
public
education
religious
liberty
lemon
kurtzman
teaching
materials
may
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afla
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way
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already
selected
approved
use
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contexts
notwithstanding
fact
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funds
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organizations
teach
counsel
impressionable
adolescents
highly
sensitive
subject
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religious
significance
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school
without
effort
remove
religious
symbols
sites
majority
concludes
afla
facially
invalid
majority
acknowledges
constitutional
proscription
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indoctrination
basis
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indefensible
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recipients
pervasively
sectarian
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presumed
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comply
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constitutional
mandates
dismisses
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counseling
ante
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majority
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subject
matter
renders
risk
indoctrination
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says
likelihood
religious
institutions
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afla
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agree
message
congress
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deliver
adolescents
afla
amount
advancement
religion
ante
think
statute
easily
conveniently
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district
concluded
asking
religious
organizations
teach
counsel
youngsters
matters
deep
religious
significance
yet
expect
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reference
religion
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majority
rejection
view
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doctrinal
misstep
relying
heavily
cases
district
reasoned
presume
afla
counselors
religious
organizations
put
beliefs
aside
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adolescent
matters
part
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doctrine
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even
possible
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tread
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liberty
merely
suggesting
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organizations
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matters
without
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doctrine
moreover
statutory
scheme
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possibility
religious
beliefs
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infuse
instruction
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detected
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instruction
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emphasis
original
find
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less
remarkable
majority
relies
statements
expressing
confidence
administrators
religiously
affiliated
liberal
arts
colleges
breach
statutory
proscriptions
use
government
funds
earmarked
secular
purposes
finance
theological
instruction
religious
worship
see
ante
citing
roemer
tilton
order
reject
challenge
based
risk
indoctrination
inherent
educational
services
relating
family
life
problems
associated
adolescent
premarital
sexual
relations
outreach
services
families
adolescents
discourage
sexual
relations
among
unemancipated
minors
two
situations
simply
comparable
afla
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pays
teachers
counselors
employed
subject
direction
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authorities
educate
impressionable
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minds
issues
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moment
time
recognized
difficulties
inherent
asking
even
individuals
positions
make
total
separation
secular
teaching
religious
doctrine
lemon
kurtzman
accord
levitt
committee
public
education
religious
liberty
meek
pittenger
roemer
maryland
public
works
board
plurality
opinion
wolman
walter
grand
rapids
school
district
ball
targeted
audience
composed
children
course
insistence
adequate
safeguards
always
greatest
see
grand
rapids
school
district
ball
committee
public
education
religious
liberty
nyquist
lemon
kurtzman
cases
funding
colleges
religious
affiliations
upheld
relied
assumption
college
students
less
impressionable
less
susceptible
religious
indoctrination
skepticism
college
student
inconsiderable
barrier
attempt
tendency
subvert
congressional
objectives
limitations
omitted
tilton
richardson
plurality
opinion
see
also
widmar
vincent
university
students
course
young
adults
less
impressionable
younger
students
able
appreciate
university
policy
one
neutrality
toward
religion
observing
alignment
statute
religious
views
grantees
render
afla
statute
funds
specifically
religious
activity
majority
makes
light
religious
significance
counseling
provided
grantees
yet
dimension
congress
specifically
sought
capture
enlisting
aid
religious
organizations
battling
problems
associated
teenage
pregnancy
see
pp
pp
whereas
may
secular
values
promoted
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encouragement
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promoted
theological
terms
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figures
values
take
religious
nature
surprisingly
record
replete
observations
effect
undeniable
religious
dogma
may
employed
government
even
accomplish
laudable
secular
purposes
promotion
moral
values
contradiction
materialistic
trends
times
perpetuation
institutions
teaching
literature
abington
school
district
schempp
holding
unconstitutional
daily
reading
bible
verses
recitation
lord
prayer
public
schools
stone
graham
holding
unconstitutional
posting
ten
commandments
despite
notation
explaining
secular
application
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true
course
recognized
constitution
prohibit
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supporting
secular
services
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religiously
affiliated
organization
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ante
recognition
closely
tied
nature
subsidized
social
service
state
may
send
cleric
indeed
even
clerical
order
perform
wholly
secular
task
emphasis
added
roemer
maryland
public
works
board
plurality
opinion
real
important
difference
running
soup
kitchen
hospital
counseling
pregnant
teenagers
make
difficult
decisions
facing
risk
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religion
public
expense
creating
appearance
government
endorsing
medium
message
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religious
organization
directly
engaged
pedagogy
express
intent
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belief
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behavior
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dispensing
medication
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shelter
also
course
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religion
unique
appeal
higher
authority
transcendental
nature
message
government
enlisting
aid
religiously
committed
individuals
organizations
without
regard
sectarian
motivation
latter
circumstance
religion
plays
little
role
merely
explains
individual
organization
chosen
get
involved
publicly
funded
program
former
religion
core
subsidized
activity
affects
manner
service
dispensed
religious
organizations
answer
teenager
question
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use
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contraceptives
undoubtedly
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based
solely
secular
considerations
public
funds
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religious
message
problems
inherent
statutory
scheme
specifically
designed
involve
religious
organizations
pedagogical
program
compounded
lack
statutory
restrictions
use
federal
tax
dollars
promote
religion
conscious
remarkable
omission
afla
restriction
whatsoever
use
public
funds
sectarian
purposes
disingenuously
argues
never
stated
statutory
restriction
constitutionally
required
ante
tilton
richardson
upheld
statute
providing
grants
loans
colleges
construction
academic
facilities
expressly
prohibit
ed
use
religious
instruction
training
worship
record
show
ed
institutions
ha
required
disgorge
benefits
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obey
restriction
severed
struck
provision
statute
permitted
restriction
lapse
years
tilton
noted
statute
required
applicants
provide
assurances
use
funded
facility
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purposes
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period
limitation
obviously
opens
facility
use
purpose
end
period
expired
years
statute
enforcement
provisions
inadequate
ensure
impact
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aid
advance
religion
majority
interprets
tilton
indicate
constitutional
limitations
use
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funds
embodied
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restriction
simply
expire
years
concludes
absence
statutory
restriction
afla
troubling
also
intimation
statute
point
grantees
religious
uses
permitted
ante
although
something
notion
lifting
restriction
may
likely
perceived
affirmative
authorization
absence
restriction
tilton
provision
stated
years
facilities
built
aid
program
converted
chapels
tilton
express
statutory
provision
lapsed
leaving
restrictions
vacuum
found
constitutionally
impermissible
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way
contrast
vacuum
right
start
tilton
indeed
indication
programs
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use
public
funds
advance
endorse
religion
one
might
argue
plausibly
ordinary
reporting
requirements
conjunction
presumption
government
agencies
administer
federal
programs
constitutional
fashion
might
suffice
protect
statute
facial
challenge
however
simply
case
committee
public
education
religious
liberty
regan
example
upheld
state
program
whereby
private
schools
reimbursed
actual
cost
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tests
statute
specifically
required
payments
made
religious
instruction
incorporated
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auditing
system
warned
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outcome
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cash
reimbursements
cover
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services
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regan
merely
echoed
reaffirmed
already
well
established
committee
public
education
religious
liberty
nyquist
explained
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instance
bars
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school
paying
state
funds
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employees
maintain
school
chapel
cost
renovating
classrooms
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lighting
facilities
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restrictions
expenditures
similar
purposes
simply
denied
section
primary
effect
advances
religion
subsidizes
directly
religious
activities
sectarian
elementary
secondary
schools
emphasis
added
despite
glaring
omission
restriction
use
funds
religious
purposes
attempts
resurrect
afla
noting
legislative
intent
promote
religion
observing
various
reporting
provisions
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create
mechanism
whereby
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police
grants
ante
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might
prove
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clear
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directives
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restrictions
found
face
statute
secretary
promulgated
regulation
indeed
restriction
use
afla
funds
religious
purposes
found
secretary
notice
grant
award
sent
grantees
specifies
public
funds
may
used
teach
promote
religion
apparently
even
clause
inserted
litigation
underway
furthermore
enforcement
limitation
sectarian
use
afla
funds
lacks
bite
procedure
pursuant
funds
used
promote
religion
must
refunded
government
example
tilton
richardson
indeed
nothing
afla
precludes
funding
even
pervasively
sectarian
organizations
whose
work
definition
segregated
religious
secular
categories
unlike
challenge
record
review
limited
challenge
specific
grant
reluctant
invalidate
statute
anticipation
particular
applications
may
result
unconstitutional
use
funds
roemer
maryland
public
works
board
litigation
district
expressly
found
funds
gone
pervasively
sectarian
institutions
tax
dollars
used
teaching
religion
moreover
appellees
specifically
called
question
manner
grant
program
administered
grantees
selected
see
supra
objections
responsibly
answered
reliance
secretary
enforcement
mechanism
see
levitt
committee
public
education
religious
liberty
state
constitutionally
compelled
assure
activity
used
religious
indoctrination
lemon
kurtzman
state
must
certain
given
religion
clauses
subsidized
teachers
inculcate
religion
placing
unsupportable
weight
pervasively
sectarian
label
recharacterizing
appellees
objections
statute
attempts
create
illusion
consistency
prior
cases
present
ruling
afla
facially
invalid
ignores
unwavering
vigilance
constitution
requires
law
respecting
establishment
religion
amdt
recognized
time
calls
fundamentally
conservative
decisionmaking
cases
require
plaintiff
demonstrate
government
action
necessarily
promotes
religion
simply
creates
substantial
risk
see
grand
rapids
school
district
ball
observing
substantial
risk
overtly
subtly
religious
message
infuse
supposedly
secular
classes
committee
public
education
religious
liberty
regan
describing
minimal
chance
religious
bias
enter
process
grading
tests
secular
subjects
given
complete
state
safeguards
wolman
walter
noting
unacceptable
risk
fostering
religion
inevitable
byproduct
field
trips
meek
pittenger
finding
potential
impermissible
fostering
religion
levitt
committee
public
education
religious
liberty
finding
dispositive
substantial
risk
examinations
prepared
teachers
authority
religious
institutions
drafted
eye
unconsciously
otherwise
inculcate
students
religious
precepts
sponsoring
church
lemon
kurtzman
finding
potential
impermissible
fostering
religion
given
nature
subsidized
activity
lack
adequate
safeguards
chronicle
past
experience
statute
room
doubt
afla
creates
substantial
risk
impermissible
fostering
religion
iv
evident
afla
pass
muster
lemon
effects
prong
unconstitutionality
statute
becomes
even
apparent
consider
unprecedented
degree
entanglement
church
state
required
prevent
subsidizing
advancement
religion
afla
funds
majority
brief
discussion
lemon
entanglement
prong
limited
criticizing
concluding
reason
assume
religious
organizations
may
receive
grants
pervasively
sectarian
sense
held
parochial
schools
need
concerned
degree
monitoring
necessary
ensure
compliance
afla
establishment
clause
ante
former
although
majority
certainly
correct
entanglement
analysis
criticized
separate
writings
members
question
whether
government
program
leads
excessive
government
entanglement
religion
nevertheless
remains
part
applicable
constitutional
inquiry
lemon
kurtzman
quoting
walz
tax
accept
majority
conclusion
doubt
monitoring
afla
grants
necessary
ensure
public
money
spent
way
comports
establishment
clause
ante
disagree
easy
characterization
entanglement
analysis
extent
metaphor
helpful
inclined
characterize
excessive
entanglement
decisions
concluding
implement
required
monitoring
kill
patient
cure
ailed
see
lemon
kurtzman
meek
pittenger
aguilar
felton
conclusion
precedents
indicate
secretary
monitoring
exceedingly
intensive
entangling
grant
recipients
sufficiently
like
parochial
schools
must
disagree
discussed
majority
excessive
reliance
distinction
cases
cases
unwarranted
lemon
meek
aguilar
conveniently
dismissed
solely
majority
declines
assume
pervasively
sectarian
label
applied
determine
whether
statute
fosters
excessive
entanglement
must
look
three
factors
character
purpose
institutions
benefited
nature
aid
nature
relationship
government
religious
organization
see
lemon
kurtzman
thus
lemon
solely
fact
teachers
performed
duties
within
four
walls
parochial
school
rendered
monitoring
difficult
end
unconstitutional
seems
inherent
pedagogical
function
disagreements
religious
require
intolerable
degree
government
intrusion
censorship
appear
essential
good
citizenship
might
well
others
border
constitute
instruction
religion
unlike
book
teacher
inspected
determine
extent
intent
personal
beliefs
subjective
acceptance
limitations
imposed
first
amendment
roemer
tilton
hunt
relied
ability
state
identify
subsidize
separate
secular
functions
carried
school
without
inspections
necessary
prevent
diversion
funds
sectarian
purposes
roemer
maryland
public
works
board
emphasis
added
fact
grants
require
continuing
financial
relationships
dependencies
annual
audits
government
analysis
institution
expenditures
secular
distinguished
religious
activities
tilton
richardson
afla
grants
course
simply
construction
grants
majority
readily
acknowledges
secretary
review
programs
set
run
afla
grantees
including
review
example
educational
materials
grantee
proposes
use
ante
majority
intimates
monitoring
use
afla
funds
undoubtedly
require
minimal
inspection
necessary
ascertain
facilities
devoted
secular
education
tilton
since
teachers
counselors
unlike
buildings
necessarily
religiously
neutral
greater
governmental
surveillance
required
guarantee
state
salary
aid
fact
subsidize
religious
instruction
afla
without
doubt
endorses
religion
expressed
solicitude
participation
religious
organizations
afla
programs
one
form
another
statute
creates
symbolic
real
partnership
clergy
fisc
addressing
problem
substantial
religious
overtones
given
delicate
subject
matter
impressionable
audience
risk
afla
convey
message
government
endorsement
religion
overwhelming
statutory
language
extensive
record
established
district
make
clear
problem
lies
statute
systematically
unconstitutional
operation
merely
isolated
instances
misapplication
therefore
find
statute
unconstitutional
without
remanding
district
trust
however
labors
thus
far
district
grow
weary
prematurely
read
decision
suggestion
afla
constitutionally
implemented
government
majority
deliberately
eschews
review
facts
proceedings
deemed
appropriate
district
enters
findings
fact
basis
testimony
documents
entered
evidence
may
well
decide
today
afla
whole
indeed
unconstitutionally
applied
related
point
agree
majority
worth
acknowledging
explicitly
appeal
secretary
health
human
services
vigorously
criticized
district
analysis
afla
face
asserting
squared
explanation
salerno
mounting
facial
challenge
legislative
act
challenger
must
establish
set
circumstances
exists
act
valid
brief
federal
appellant
however
rejects
application
rigid
analysis
establishment
clause
cases
explaining
previous
cases
involving
facial
challenges
establishment
clause
grounds
assess
constitutionality
enactment
reference
three
factors
first
articulated
lemon
kurtzman
ante
indeed
secretary
proposed
test
wholly
incongruous
analysis
establishment
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appendix
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