mitchell et al helms et argued december decided june chapter education consolidation improvement act channels federal funds via state educational agencies sea local educational agencies lea turn lend educational materials equipment library media materials computer software hardware public private elementary secondary schools implement secular neutral nonideological programs enrollment participating school determines amount chapter aid receives average year chapter funds spent jefferson parish louisiana allocated private schools catholic otherwise religiously affiliated respondents filed suit alleging among things chapter applied parish violated first amendment establishment clause agreeing chief judge district held lemon kurtzman chapter primary effect advancing religion materials equipment loaned catholic schools direct aid schools pervasively sectarian relied primarily meek pittenger wolman walter programs providing many sorts materials equipment chapter struck even though programs providing loan public school textbooks religious schools upheld judge issued order permanently excluding pervasively sectarian schools parish receiving chapter materials equipment retired another judge reversed order upholding chapter inter alia zobrest catalina foothills school public school district allowed provide interpreter deaf student catholic high school part federal program disabled respondents appeal pending decided agostini felton approving program title elementary secondary education act provided public employees teach remedial classes religious private schools concluding agostini neither directly overruled meek wolman rejected distinction textbooks aid fifth circuit relied two cases invalidate chapter held judgment reversed reversed justice thomas joined chief justice justice scalia justice kennedy concluded chapter applied jefferson parish law respecting establishment religion simply many private schools receiving chapter aid parish religiously affiliated pp modifying lemon test asked whether statute secular purpose primary effect advancing inhibiting religion creates excessive entanglement government religion see agostini examined first second factors see recasting entanglement inquiry simply one criterion relevant determining statute effect also acknowledged cases pared somewhat factors justify finding excessive entanglement set three primary criteria determining statute effect government aid effect advancing religion results governmental indoctrination defines recipients reference religion creates excessive entanglement case inquiry agostini purpose effect test narrow one district holding chapter secular purpose challenged chapter effect need considered determining effect first two agostini criteria need considered district holding chapter create excessive entanglement challenged pp whether governmental aid religious schools results religious indoctrination ultimately depends whether indoctrination occurs reasonably attributed governmental action see agostini moreover answer indoctrination question resolve question whether educational aid program subsidizes religion see distinguishing indoctrination attributable state indoctrination consistently turned neutrality principle upholding aid offered broad range groups persons without regard religion way assuring neutrality repeatedly considered whether governmental aid religious institution results genuinely independent private choices individual parents agostini second primary criterion whether aid program defines recipients reference religion closely related first looks facts neutrality inquiry see uses facts answer somewhat different question whether criteria allocating aid create financial incentive undertake religious indoctrination incentive present aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis ibid pp two rules offered respondents govern determination whether chapter effect advancing religion rejected pp respondents chief argument direct nonincidental aid religious schools always impermissible inconsistent recent cases purpose distinction present subsidization religion recent cases address concern principle private choice incorporated first agostini criterion whether indoctrination attributed government aid schools even direct aid neutrally available reaching benefiting religious school first passes hands literally figuratively numerous private citizens free direct aid elsewhere government provided support religion witters washington dept servs blind although presence private choice easier see aid literally passes individuals hands reason establishment clause requires form indeed agostini expressly rejected respondents absolute line direct payments issue pp ii respondents second argument provision religious schools aid divertible religious use always impermissible also inconsistent recent cases particularly zobrest supra witters also unworkable meek wolman respondents appear rely divertibility rule offer little support rule issue divertibility whether aid impermissible content aid suitable use public school also suitable use private school similarly prohibition government providing impermissible content resolves establishment clause concerns exist aid actually diverted religious uses see agostini supra concern divertibility opposed improper content also misplaced boundless enveloping aid matter trivial thus attenuated link realistic concern preventing establishment religion finally aid without content divertible sense allows schools divert resources yet accepted recurrent argument aid forbidden aid one aspect institution frees spend resources religious ends committee public ed religious liberty regan pp additional factors cited dissent including concern political divisiveness cases disregarded see agostini supra rejected particular whether recipient school pervasively sectarian factor disregarded recent cases witters supra relevant constitutionality program pp applying two relevant agostini criteria reveals basis concluding jefferson parish chapter program effect advancing religion first chapter define recipients reference religion since aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis improper incentive statute aid allocated based school enrollment second chapter result governmental indoctrination religion determines eligibility aid neutrally making broad array schools eligible without regard religious affiliations lack thereof see also allocates aid based private choices students parents schools attend see thus problematic chapter fairly described providing direct aid finally chapter aid provided religious schools impermissible content statute explicitly requires aid secular neutral nonideological record indicates louisiana sea jefferson parish lea faithfully enforced requirement insofar relevant case although evidence equipment least easily diverted use relgious classes evidence relevant constitutional analysis scattered de minimis statutory violations restrictions content discovered remedied relevant authorities litigation began almost years ago elevated level convert otherwise unobjectionable parishwide program law effect advancing religion pp extent meek wolman conflict foregoing analysis overruled pp justice joined justice breyer concluded agostini felton controls constitutional inquiry presented requires reversal fifth circuit judgment chapter program unconstitutional applied jefferson parish extent meek pittenger wolman walter inconsistent judgment today overruled pp plurality announces rule unprecedented breadth evaluation establishment clause challenges government programs rule particularly troubling first treatment neutrality comes close assigning factor singular importance future adjudication establishment clause challenges programs although neutrality important see agostini treat program like chapter true private choice programs approved witters washington dept servs blind zobrest catalina foothills school agostini represents recent attempt devise general framework approaching questions concerning neutral programs involved establishment clause challenge program closely related instant program agostini criteria control pp agostini asks whether government acted purpose advancing inhibiting religion whether aid effect specific criteria used determine impermissible effect changed recent cases see disclose three primary criteria guide determination whether aid results governmental indoctrination whether program defines recipients reference religion whether aid creates excessive entanglement government religion finally criteria reviewed determine whether program constitutes endorsement religion respondents neither question chapter program secular purpose contend creates excessive entanglement accordingly need ask whether chapter applied jefferson parish results governmental indoctrination defines recipients reference religion clear chapter define aid recipients rather uses wholly neutral secular criteria allocate aid students enrolled religious secular schools alike indoctrination inquiry chapter program bears hallmarks program upheld agostini aid allocated basis neutral secular criteria supplementary supplant funds chapter funds reach coffers religious schools aid secular evidence actual diversion de minimis program includes adequate safeguards regardless whether factors constitutional requirements sufficient find program issue impermissible effect advancing religion reasons chapter program reasonably viewed endorsement religion pp respondents contentions agostini distinguishable meek wolman controlling must rejected meek wolman created inexplicable rift within establishment clause jurisprudence decisions adhered prior holding board ed central school dist allen statutes authorizing lending textbooks religious school students violate establishment clause see meek respondents assertion materials equipment unlike textbooks reasonably divertible religious uses rejected provide logical distinction educator use virtually instructional tool even textbook teach religious message pp follow rule applied context textbook lending programs establish first amendment violation plaintiffs must prove aid actually used religious purposes see allen supra agostini cases relied undermined assumptions underlying meek wolman agostini definitive rejection presumption employees teaching religious schools inevitably inculcate religion also stood least strongly pointed broader proposition presumptions religious indoctrination normally inappropriate evaluating neutral programs establishment clause respondents contentions agostini limited facts presumption religious inculcation instructional materials equipment retained must rejected assumption instructors abide restrictions use textbooks see meek supra extend instructional materials equipment school dist grand rapids ball concurring judgment part dissenting part distinguished pp respondents contention actual administration chapter jefferson parish violated establishment clause rejected limited evidence amassed respondents years discovery began approximately years ago best de minimis therefore insufficient affect constitutional inquiry assertion government must failsafe mechanism capable detecting instance diversion rejected agostini supra presumption adopted meek wolman respecting use instructional materials equipment teachers abandoned constitutional need pervasive monitoring chapter program moreover review specific safeguards employed chapter federal state local levels demonstrates constitutionally sufficient respondents evidence demonstrate actual diversion proves possibility diversion two isolated instances evidence violations chapter supplantation restrictions equally insignificant therefore treated never declared entire aid program unconstitutional establishment clause grounds solely violations miniscule scale issue presence examples tends show rules failed worked pp thomas announced judgment delivered opinion rehnquist scalia kennedy joined filed opinion concurring judgment breyer joined souter filed dissenting opinion stevens ginsburg joined guy mitchell et petitioners mary helms et al writ certiorari appeals fifth circuit june justice thomas announced judgment delivered opinion chief justice justice scalia justice kennedy join part longstanding school aid program known chapter federal government distributes funds state local governmental agencies turn lend educational materials equipment public private schools enrollment participating school determining amount aid receives question whether chapter applied jefferson parish louisiana law respecting establishment religion many private schools receiving chapter aid parish religiously affiliated hold chapter law chapter education consolidation improvement act pub stat amended origins elementary secondary education act esea pub stat close cousin provision esea recently considered agostini felton like provision issue agostini chapter channels federal funds local educational agencies lea usually public school districts via state educational agencies sea implement programs assist children elementary secondary schools among things chapter provides aid acquisition use instructional educational materials including library services materials including media materials assessments reference materials computer software hardware instructional use curricular materials lea sea must offer assistance public private schools although private school must nonprofit participating private schools receive chapter aid based number children enrolled school see allocations chapter funds schools must generally equal consistent number children served expenditures programs children enrolled public schools lea lea must cases assure equitable participation children private schools purposes benefits chapter see chapter funds may supplement extent practical increase level funds made available sources lea sea may operate programs supplant funds sources ibid several restrictions apply aid private schools significantly services materials equipment provided private schools must secular neutral nonideological addition private schools may acquire control chapter funds title chapter materials equipment property private school receives materials equipment listed submitting lea application detailing items school seeks use lea approves application purchases items school allocation funds lends school jefferson parish louisiana governmental unit issue case louisiana whole private schools primarily used allocations nonrecurring expenses usually materials equipment fiscal year example money budgeted private schools jefferson parish spent lea acquiring library media materials instructional equipment among materials equipment provided library books computers computer software also slide movie projectors overhead projectors television sets tape recorders vcr projection screens laboratory equipment maps globes filmstrips slides cassette appears average year chapter funds spent jefferson parish allocated private schools fiscal year private schools participated chapter following year participated participation level remained relatively constant since see app roman catholic otherwise religiously affiliated religiously affiliated respondents filed suit december alleging among things chapter applied jefferson parish violated establishment clause first amendment federal constitution case tortuous history next years indicates well degree establishment clause jurisprudence shifted recent times nevertheless retaining anomalies lower courts struggle extended discovery chief judge heebe district eastern district louisiana granted summary judgment favor respondents helms cody civ wl mar app pet cert held chapter violated establishment clause second part test lemon kurtzman program primary effect advancing religion chapter effect view materials equipment loaned catholic schools direct aid schools catholic schools concluded detailed inquiry doctrine curriculum pervasively sectarian app pet cert chief judge heebe relied primarily meek pittenger wolman walter held unconstitutional programs provided many sorts materials equipment chapter resolved numerous issues case issued order permanently excluding pervasively sectarian schools jefferson parish receiving chapter materials equipment two years later chief judge heebe retired judge livaudais received case ruling early postjudgment motions reversed decision former chief judge heebe upheld chapter pointing several significant changes legal landscape previous seven years helms cody wl app pet cert particular judge livaudais cited decision zobrest catalina foothills school held state part federal program disabled provide interpreter deaf student catholic high school judge livaudais also relied heavily decision appeals ninth circuit walker san francisco unified school upholding chapter facts found virtually indistinguishable ninth circuit acknowledged walker judge heebe summary judgment ruling meek wolman appeared erect constitutional distinction providing textbooks permissible providing aid impermissible see board ed central school dist allen upholding textbook program appeals viewed distinction however thin unmoored establishment clause principles importantly rendered untenable subsequent cases particularly zobrest cases ninth circuit view revived principle allen everson board ed state benefits provided citizens without regard religion constitutional ninth circuit also relied observation board ed kiryas joel village school dist grumet frequently relied explicitly general availability benefit provided religious groups individuals turning aside establishment clause challenges ninth circuit purported distinguish meek wolman based percentage schools receiving aid parochial large percentage cases moderate percentage walker undermined distinction observed meek also upheld massive provision textbooks parochial schools thus although ninth circuit explicitly hold meek wolman longer good law reasoning seemed require conclusion finally addition relying decision zobrest ninth circuit decision walker judge livaudais invoked rosenberger rector visitors univ months walker held establishment clause require public university exclude religious publication assistance available numerous publications following judge livaudais ruling respondents appealed appeals fifth circuit appeal pending decided agostini approved program title esea provided public employees teach remedial classes private schools including religious schools holding overruled aguilar felton partially overruled school dist grand rapids ball involved program fifth circuit thus faced dilemma one hand ninth circuit holding analysis walker subsequent decisions rosenberger agostini hand holdings meek wolman resolve dilemma fifth circuit abandoned effort find coherence case law divine future course decisions instead focused particular holdings helms picard thought approach required lack coherence also agostini admonition lower courts abide applicable holding even though holding might seem inconsistent subsequent decisions see agostini ii establishment clause first amendment dictates congress shall make law respecting establishment religion years since everson consistently struggled apply simple words context governmental aid religious admitted tilton richardson candor compels acknowledgment dimly perceive boundaries permissible government activity sensitive area ality opinion see white concurring judgment agostini however brought clarity case law overruling two anomalous precedents one whole part consolidating previously disparate considerations revised test whereas lemon considered whether statute secular purpose primary effect advancing inhibiting religion creates excessive entanglement government religion see agostini modified lemon purposes evaluating aid schools examined first second factors see acknowledged cases discussing excessive entanglement applied many considerations cases discussing primary effect therefore recast lemon entanglement inquiry simply one criterion relevant determining statute effect agostini supra also acknowledged cases pared somewhat factors justify finding excessive entanglement set revised criteria determining effect statute summarize new york city title program run afoul three primary criteria currently use evaluate whether government aid effect advancing religion result governmental indoctrination define recipients reference religion create excessive entanglement case inquiry agostini purpose effect test narrow one respondents challenge district holding chapter secular purpose fifth circuit also question holding cf consider chapter effect determining effect consider first two agostini criteria since neither respondents fifth circuit questioned district holding app pet cert chapter create excessive entanglement considering chapter light recent case law conclude neither results religious indoctrination government defines recipients reference religion therefore hold chapter law respecting establishment religion holding acknowledge ninth fifth circuits saw inescapable meek wolman anomalies case law therefore conclude longer good law indicated agostini indicated elsewhere question whether governmental aid religious schools results governmental indoctrination ultimately question whether religious indoctrination occurs schools reasonably attributed governmental action see agostini supra quoting zobrest mueller allen cf corporation presiding bishop church jesus christ saints amos law forbidden effects lemon must fair say government advanced religion activities influence also indicated answer question indoctrination resolve question whether program educational aid subsidizes religion religion cases use term see agostini see also distinguishing indoctrination attributable state indoctrination consistently turned principle neutrality upholding aid offered broad range groups persons without regard religion religious irreligious areligious alike eligible governmental aid one conclude indoctrination particular recipient conducts done behest government attribution indoctrination relative question government offering assistance recipients provide speak broad range indoctrination government thought responsible particular indoctrination put point differently government seeking legitimate secular purpose offers aid terms without regard religion adequately purpose see allen discussing dual secular religious purposes religious schools fair say aid going religious recipient effect furthering secular purpose government crafting aid program conclude given level aid necessary purpose among secular recipients provided level religious recipients way assuring neutrality repeatedly considered whether governmental aid goes religious institution result genuinely independent private choices individuals agostini supra internal quotation marks omitted viewed significant whether private choices individual parents opposed unmediated government ball internal quotation marks omitted determine schools ultimately benefit governmental aid much numerous private choices rather single choice government determine distribution aid pursuant neutral eligibility criteria government least easily grant special favors might lead religious establishment private choice also helps guarantee neutrality mitigating preference recipients arguably inherent governmental aid program see gilder revitalization everything law microcosm harv bus rev lead program inadvertently favoring one religion favoring religious private schools general nonreligious ones principles neutrality private choice relationship prominent agostini supra also zobrest witters heart reasoning zobrest upholding governmental provision interpreter deaf student catholic high school follows service issue case part general government program distributes benefits neutrally child qualifying disabled statute without regard nature school child attends according parents freedom select school choice statute ensures interpreter present sectarian school result private decision individual parents words statute creates financial incentive parents choose sectarian school interpreter presence attributed state decisionmaking passage indicates private choices helped ensure neutrality neutrality private choices together eliminated possible attribution government even interpreter translated classes catholic doctrine witters mueller employed similar reasoning witters held establishment clause bar state including within neutral program providing tuition payments vocational rehabilitation blind person studying christian college become pastor missionary youth director explained aid ultimately flows religious institutions result genuinely independent private choices aid recipients washington program made available generally without regard nature institution benefited creates financial incentive students undertake sectarian education fact aid goes individuals means decision support religious education made individual state seem appropriate view aid ultimately flowing inland empire school bible resulting state action sponsoring subsidizing religion citations internal quotation marks omitted five members separate opinions emphasized importance neutrality private choices relationship two see powell joined burger rehnquist concurring concurring part concurring judgment see also white concurring tax deduction educational expenses upheld mueller respects tuition grant witters upheld chiefly neutrally provides state assistance broad spectrum citizens numerous private choices individual parents children determined schools benefit deductions explained aid parochial schools available result decisions individual parents imprimatur state approval deemed conferred particular religion religion generally ibid citation omitted see neutrality indicates lack state imprimatur agostini second primary criterion determining effect governmental aid closely related first second criterion requires consider whether aid program define recipients reference religion briefly explained agostini second criterion looks set facts focus first criterion neutrality see second criterion uses facts answer somewhat different question whether criteria allocating aid creat financial incentive undertake religious indoctrination agostini set following rule answering question incentive present however aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis circumstances aid less likely effect advancing religion ibid cases agostini relied rule agostini make clear close relationship rule incentives private choice say program create incentive choose religious schools say private choice truly independent witters see agostini supra holding title create impermissible incentive services available children meet act eligibility requirements matter religious beliefs go school zobrest discussing successive sentences neutrality private choice financial incentives respectively witters supra similar incentive exist greater risk one attribute government indoctrination religious schools see zobrest supra hasten add obvious rule simply aid program offers private schools thus religious schools benefit previously receive mean program reducing cost securing religious education creates agostini second criterion incentive parents choose education children aid effect see allen everson see also mueller respondents inexplicably make effort address chapter agostini test instead dismissing agostini factually distinguishable offer two rules contend govern determination whether chapter effect advancing religion argue first chiefly direct nonincidental aid primary educational mission religious schools always impermissible second argue provision religious schools aid divertible religious use similarly respondents arguments inconsistent recent case law particular agostini zobrest therefore reject although earlier cases particularly ball emphasize distinction direct indirect aid purpose distinction merely prevent subsidization religion see even dissent admits see post opinion souter recent cases address purpose distinction rather principle private choice incorporated first agostini criterion whether indoctrination attributed government aid schools even direct aid neutrally available reaching benefiting religious school first passes hands literally figuratively numerous private citizens free direct aid elsewhere government provided support religion witters supra see supra although presence private choice easier see aid literally passes hands individuals mentioned directness breath private choice see agostini supra witters supra mueller supra reason establishment clause requires form indeed agostini expressly rejected absolute line respondents us draw explained departed rule relied ball government aid directly assists educational function religious schools invalid agostini relied primarily witters conclusion made clear private choice neutrality resolve concerns formerly addressed rule ball undeniable witters aid tuition ultimately go inland empire school bible support religious education viewed arrangement however different government issuing paycheck one employees knowing employee direct funds religious institution arrangements valid reason ny money ultimately went religious institutions result genuinely independent private choices individuals agostini supra quoting witters addition program witters neutral quoting witters supra agostini explained reasoning work zobrest allowed interpreter provide assistance catholic school even though mouthpiece religious instruction interpreter provided according neutral eligibility criteria private choice therefore religious messages interpreted interpreter attributed government see ibid saw difference zobrest government hiring interpreter directly government providing funds parents hire interpreter rejected dissent objection never allowed public employee participate directly religious indoctrination see blackmun dissenting finally agostini used reasoning witters zobrest conclude remedial classes provided title esea public employees impermissibly finance religious indoctrination see found insignificant students directly apply title services title instruction provided students groups rather individually instruction provided facilities private schools extent respondents intend distinction require aid literally placed hands schoolchildren rather given directly school teaching children cases respondents rely meek wolman demonstrate irrelevance formalism meek justified rejection program loaned instructional materials equipment among things pointing aid loaned schools thus direct aid program wolman essentially identical except state effort comply meek see wolman loaned aid students revised program operated much like one upheld allen compare wolman supra allen yet dismissed technical difference two programs exalt form substance distinction found justify result different meek wolman thus although purporting reaffirm meek actually undermined decision evident similarity reasoning wolman meek dissent compare wolman supra technical change legal bailee irrelevant meek supra rehnquist concurring judgment part dissenting part fact school bailee regarded constitutionally determinative meek wolman reached result programs indistinguishable distinction shows distinction played part meek respondents formalistic line breaks application programs allen example although recognize students received owned textbooks also noted books provided private schools required courses schools collect students requests books submit board education schools store textbooks textbooks essential schools teaching secular subjects see whether one chooses label program direct indirect rather arbitrary choice one constitutional analysis course seen special establishment clause dangers rosenberger compare committee public ed religious liberty regan levitt committee public ed religious liberty direct payments money issue case refuse allow special case create rule cases respondents also contend establishment clause requires aid religious schools impermissibly religious nature divertible religious use agree first part argument second respondents divertibility rule inconsistent recent case law unworkable long governmental aid unsuitable use public schools religious content allen supra eligibility aid determined constitutionally permissible manner use aid indoctrinate attributed government thus constitutional concern course use aid put affect criteria governing aid allocation thus create impermissible incentive agostini second criterion recent precedents particularly zobrest require us reject respondents argument zobrest gave consideration divertibility even actual diversion things mattered zobrest found case quite easy striking rather upholding program dissent saw case see blackmun dissenting never authorized public employee participate directly religious indoctrination overnment crosses boundary furnishes medium communication religious message interpreter serve conduit james religious education thereby assisting salpointe high school mission religious indoctrination interpreter likely place imprimatur governmental approval upon favored religion see generally quite clearly respondents think use governmental aid religious indoctrination synonymous religious indoctrination government use aid created improper incentives similarly witters concerned divertibility diversion unhesitatingly perhaps summarily struck program certain witters sought participate acquire education religious career sectarian institution diversion guaranteed mueller took view zobrest witters mueller require state show tax deductions costs education secular subjects declined impose segregation requirement either deductions deductions items strikingly similar issue meek wolman see mueller see also marshall dissenting instructional materials subsidized minnesota tax deduction plainly may used inculcate religious values belief justice acknowledges zobrest witters approved programs involved actual diversion see post opinion concurring judgment dissent likewise deny witters involved actual diversion see post dissent claim aid zobrest considered divertible post dissent zobrest author today dissent joined understood case otherwise see supra dissent made clear diversion use government aid religious message see zobrest supra blackmun dissenting see also post concurring judgment definition interpreter zobrest divertible actually diverted respondents appear rely meek wolman establish rule divertible aid cases offer little support respondents meek mentioned divertibility briefly concluding see mention peripheral reasoning striking lending instructional materials equipment aid program wolman explicitly barred divertible aid concern divertibility part reason finding program invalid issue divertibility aid rather whether aid impermissible content aid suitable use public school also suitable use private school similarly prohibition government providing impermissible content resolves establishment clause concerns exist aid actually diverted religious agostini explained zobrest making distinction content aid use aid government aid zobrest interpreter inculcating religious messages government indoctrination took place second emphasis added agostini also acknowledged dissenters zobrest charged essentially true zobrest effect shift establishment clause law interpreter assuming fulfilled assigned duties see inherent religious significance allen discussing bus rides everson matter given neutrality private choice involved program mouthpiece religious instruction agostini supra discussing zobrest government interpreter inculcate religious message even conveying one also government computer overhead projector inculcate religious message even conveying one agostini approved provision public employees teach secular remedial classes private schools partly concluded reason suspect indoctrinating content part governmental aid see relying zobrest refused presume public teachers inject religious classes especially given certain safeguards existed also saw evidence done allen similarly focused content emphasizing textbooks preapproved public school authorities unsuitable use public schools religious content see lemon note dissenters allen seemed chiefly concerned pragmatic difficulties involved ensuring truly secular content textbooks emphasis added although might appear book content divertible thus lack divertibility motivated holding allen hard imagine book even moderately skilled hands serve illustrate religious post concurring judgment agreeing point indeed plaintiffs walker essentially conceded much teacher example easily use shakespeare king lear even though set pagan times illustrate fourth commandment see exodus honor father mother thus dissent contend textbooks allen readily divertible religious teaching purposes known fixed secular content post concern divertibility opposed improper content misplaced fails explain sort aid allowed permissible also boundless enveloping aid matter trivial thus attenuated link realistic concern preventing establishment religion presumably example lecterns chalk crayons pens paper paintbrushes excluded religious schools respondents proposed rule fail see indoctrination means diversion aid attributed government fact risk improper attribution less aid lacks content risk books government inadvertently providing improper content see allen supra douglas dissenting finally aid without content divertible sense allows schools divert resources yet accepted recurrent argument aid forbidden aid one aspect institution frees spend resources religious ends regan perhaps conceivable courts take upon task distinguishing among myriad kinds possible aid based ease diverting kind escapes us might coherently draw line far workable also actually related real concerns preventing advancement religion government simply require zobrest agostini allen program aid schools provide improper content determine eligibility allocate aid permissible dissent serves smorgasbord factors depending facts case particularity post relevant constitutionality program bare minimum reassured likely see post presumably revealed future cases needed least one additional factor evident dissent dissent resurrects concern political divisiveness occupied cases rightly disregarded compare post agostini supra bowen amos justice explained dissent aguilar curious indeed base interpretation constitution speculation likelihood phenomenon parties may create merely prosecuting lawsuit dissent delights perverse chaos factors produce post see also post constitution becomes unnecessarily clouded legislators litigants lower courts groan history case amply demonstrates see part supra one dissent factors deserves special mention whether school receives aid whose students receive aid pervasively sectarian dissent correct period factor mattered particularly pervasively sectarian school primary secondary school post period one regret thankfully long past numerous reasons formally dispense factor first relevance precedents sharp decline although case law consistently mentioned even recent years struck aid program reliance factor since aguilar ball agostini course overruled aguilar full ball part today justice distances part ball previously agreed rejecting distinction public private employees prominent agostini compare post opinion concurring judgment agostini supra witters year aguilar ball ask whether inland empire school bible pervasively sectarian bowen decision refused find facially invalid aid program although one involving schools whose recipients district found included pervasively sectarian institutions see blackmun dissenting although left open remand district reaffirm prior finding took pains emphasize narrowness pervasively sectarian category see opinion two members majority questioned whether category kennedy joined scalia concurring zobrest agostini upheld aid programs children attended schools pervasively sectarian also primary secondary zobrest turning away challenge based pervasively sectarian nature salpointe catholic high school emphasized presence private choice absence sectarian content agostini explaining aid program constitutional bother mention pervasively sectarian schools see fact lost dissent see opinion souter disregarding nature school zobrest agostini merely returning approach everson allen upheld aid programs students pervasively sectarian schools see post souter dissenting noting fact regarding everson allen black dissenting douglas dissenting second religious nature recipient matter constitutional analysis long recipient adequately furthers government secular purpose see supra program offers permissible aid religious including pervasively sectarian areligious irreligious mystery view religion government established thus mystery constitutional violation pervasively sectarian recipient received special favor bizarre dissent seemingly reserve special hostility take religion seriously think religion affect whole lives make mistake effective transmitting views children third inquiry recipient religious views required focus whether school pervasively sectarian unnecessary also offensive well established numerous contexts courts refrain trolling person institution religious beliefs see employment dept human resources smith collecting cases yet factor requires evident district although dissent welcomes probing see post find profoundly troubling addition related application pervasively sectarian factor collides decisions prohibited governments discriminating distribution public benefits based upon religious status sincerity see rosenberger rector visitors univ lamb chapel center moriches union free school widmar vincent finally hostility aid pervasively sectarian schools shameful pedigree hesitate disavow cf chicago morales plurality opinion although dissent professes concern implied exclusion less favored post exclusion pervasively sectarian schools programs particularly given history exclusion opposition aid sectarian schools acquired prominence congress consideration near passage blaine amendment amended constitution bar aid sectarian institutions consideration amendment arose time pervasive hostility catholic church catholics general open secret sectarian code catholic see generally green blaine amendment reconsidered legal hist notwithstanding history course sectarian face describe school religious sect eliminated possibility confusion hunt mcnair coined term pervasively sectarian term time applied almost exclusively catholic parochial schools even today dissent exemplifies chiefly reference schools see post souter dissenting short nothing establishment clause requires exclusion pervasively sectarian schools otherwise permissible aid programs doctrines bar doctrine born bigotry buried iii applying two relevant agostini criteria see basis concluding jefferson parish chapter program effect advancing religion agostini supra chapter result governmental indoctrination determines eligibility aid neutrally allocates aid based private choices parents schoolchildren provide aid impermissible content chapter define recipients reference religion taking second criterion first clear chapter aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis agostini supra aid allocated based enrollment private schools receive chapter materials equipment based per capita number students school walker allocations private schools must equal consistent number children served expenditures programs subchapter children enrolled public schools lea lea must provide chapter materials equipment benefit children private schools extent consistent number children school district lea enrolled private nonprofit elementary secondary schools see app pet cert district recounting testimony head louisiana chapter program lea told every dollar spend public school student spend dollar school children private schools must receive equitable participation allocation criteria therefore create improper incentive chapter statute deviate pure per capita basis allocating aid lea increasing allocation based number children within lea poor families reside poor areas reside rural areas respondents contended reason think deviation allocation lea leads deviation allocation among schools within lea see even presume deviation created incentive one way regard religion chapter also satisfies first agostini criterion program makes broad array schools eligible aid without regard religious affiliations lack thereof see therefore difficulty concluding chapter neutral regard religion see agostini supra chapter aid also like aid agostini zobrest witters reaches participating schools consequence private decisionmaking agostini supra private decisionmaking controls per capita allocation scheme decisions independent program neutrality see students parents government choice school determine receives chapter funds aid follows child chapter aid provided pursuant private choices problematic one fairly describe chapter providing direct aid materials equipment provided chapter presumably used time time entire classes rather individual students although individual students likely chief consumers library books perhaps computers computer software students need apply chapter aid order schools receive explained agostini traits constitutionally significant meaningful see reasons already explained constitutional significance schools rather students bailees chapter aid ultimate beneficiaries chapter aid students attend schools receive aid regardless whether individual students lug computers school day jefferson parish sensibly provided schools receive computers like ninth circuit unlike dissent post see little difference loaning science kits students bring kits school opposed loaning science kits school directly walker supra see allen finally chapter satisfies first agostini criterion provide religious schools aid impermissible content statute explicitly bars anything sort providing chapter aid benefit children private schools shall secular neutral nonideological record indicates louisiana sea jefferson parish lea faithfully enforced requirement insofar relevant case chief aid issue computers computer software library books computers presumably content least none impermissible use public schools respondents contend otherwise respondents also offer evidence religious schools received software government impermissible content evidence equipment least easily diverted use religious classes see app justice however finds safeguards diversion adequate prevent detect actual diversion post opinion concurring judgment safeguards relies reduce three signed assurances chapter aid used secular neutral nonideological purposes monitoring visits requirement equipment labeled belonging chapter first justice rightly places little reliance post second monitoring sea lea officials highly unlikely prevent catch third compliance labeling requirement haphazard see app even requirement followed fail see label prevents addition agree dissent evidence actual diversion safeguards anything anemic almost certainly evidence see post event reasons discussed part supra evidence actual diversion weakness safeguards actual diversion relevant constitutional inquiry whatever relevance may statute regulations respondents however point religious books lea improperly allowed loaned several religious schools contend monitoring programs sea jefferson parish lea insufficient prevent errors evidence however establishes opposite improper lending library books occurred discovered remedied litigation began almost years words monitoring system worked see post concurring judgment violation lea private schools minor view sea coordinator inadvertent see app approximately improper book requests three years school years requests came fewer half private schools participating cost books amounted less one percent total allocation years district found prescreening lea coordinator requested library books sufficient prevent statutory violations see app pet cert fifth circuit disagree noted monitoring system appears adequate catch errors occur unwilling elevate scattered de minimis statutory violations discovered remedied relevant authorities prior litigation level convert otherwise unobjectionable parishwide program law effect advancing religion iv short chapter satisfies first second primary criteria agostini therefore effect advancing religion reason chapter also reasonably viewed endorsement religion agostini supra accordingly hold chapter law respecting establishment religion jefferson parish need exclude religious schools chapter extent meek wolman conflict holding overrule conclusion regarding meek wolman come surprise early wolman left doubt meek allen irreconcilable see repeatedly reaffirmed allen since see agostini supra fact meek discussing program even cite allen see meek less three years wolman explained meek despite appearances hold loans secular instructional material equipment inescapably effect direct advancement religion regan internal quotation marks omitted mueller conceded aid issue meek wolman resembl many respects aid upheld everson allen see see also marshall dissenting viewing allen incompatible meek wolman distinction textbooks instructional materials simply untenable recently agostini rejecting ball assumption government aid directly assists educational function religious schools invalid agostini supra necessarily rejected large portion perhaps see ball reasoning meek wolman invalidating lending materials equipment ball borrowed assumption cases see shared time program issue ball surely invalid iven holdings meek wolman regarding instructional materials equipment today simply acknowledge long evident evident ninth fifth circuits district judgment fifth circuit reversed ordered guy mitchell et petitioners mary helms et al writ certiorari appeals fifth circuit june justice justice breyer joins concurring judgment congress passed elementary secondary education act stat act title congress provided monetary grants address needs educationally deprived children families title ii congress provided monetary grants acquisition library resources textbooks instructional materials use children teachers public private elementary secondary schools since congress reauthorized title title ii programs several times three terms ago held agostini felton title applied new york city violate establishment clause believe agostini likewise controls constitutional inquiry respecting title ii presented requires reversal appeals judgment program unconstitutional applied jefferson parish louisiana extent decisions meek pittenger wolman walter inconsistent judgment today agree decisions overruled therefore concur judgment write separately view plurality announces rule unprecedented breadth evaluation establishment clause challenges government programs reduced essentials plurality rule government aid religious schools effect advancing religion long aid offered neutral basis aid secular content plurality also rejects distinction direct indirect aid holds actual diversion secular aid religious school advancement religious mission permissible although expansive scope plurality rule troubling two specific aspects opinion compel write separately first plurality treatment neutrality comes close assigning factor singular importance future adjudication establishment clause challenges government programs second plurality approval actual diversion government aid religious indoctrination tension precedents event unnecessary decide instant case clearest example plurality position respect neutrality found following statement religious irreligious areligious alike eligible governmental aid one conclude indoctrination particular recipient conducts done behest government attribution indoctrination relative question government offering assistance recipients provide speak broad range indoctrination government thought responsible particular indoctrination put point differently government seeking legitimate secular purpose offers aid terms without regard religion adequately purpose fair say aid going religious recipient effect furthering secular purpose ante citation omitted agree justice souter plurality taking stance appears take evenhandedness neutrality practical terms promote single sufficient test establishment constitutionality school aid post quarrel plurality recognition neutrality important reason upholding programs establishment clause challenges cases described neutrality precisely manner emphasized program neutrality repeatedly decisions approving various forms school aid see agostini supra zobrest catalina foothills school witters washington dept servs blind concurring part concurring judgment mueller allen nevertheless never held program passes constitutional muster solely neutral criteria employs basis distributing aid example agostini neutrality one several factors considered determining new york city title program impermissible effect advancing religion see noting lack evidence inculcation religion title instructors legal requirement title services supplemental regular curricula title funds reached religious schools coffers indeed given aid agostini secular content distributed basis wholly neutral criteria consideration additional factors demonstrates plurality rule accurately describe recent establishment clause jurisprudence see also zobrest supra noting government funds reached religious school coffers aid relieve school expense otherwise assumed aid distributed school child justice souter provides comprehensive review establishment clause cases government aid religious institutions useful explanation various ways used term neutrality decisions see post even one time used term neutrality descriptive sense refer aid programs characterized requisite equipoise support religion antagonism religion justice souter discussion convincingly demonstrates evolution meaning term jurisprudence cause hesitate equating neutrality recent decisions neutrality old previously explained neutrality important means axiom history precedent establishment clause rosenberger rector visitors univ concurring opinion thus agree justice souter conclusion recent use neutrality refer generality evenhandedness distribution relevant judging whether benefit scheme characterized seen aiding sectarian school religious mission neutrality alone sufficient qualify aid constitutional post also disagree plurality conclusion actual diversion government aid religious indoctrination consistent establishment clause see ante although ur cases permitted government funding secular functions performed sectarian organizations decisions provide precedent use public funds finance religious activities rosenberger supra concurring least two decisions heart today case demonstrate long concerned secular government aid diverted advancement religion agostini recent case board ed central school dist allen rested approval relevant programs part fact aid used advance religious missions recipient schools see agostini supra evidence ever shown new york city title instructor teaching parochial school premises attempted inculcate religion students allen supra nothing record supports proposition textbooks whether deal mathematics physics foreign languages history literature used parochial schools teach religion course focus lack evidence entirely unnecessary believed establishment clause permits actual diversion secular government aid religious indoctrination decision bowen kendrick also demonstrates actual diversion constitutionally impermissible concluding program question constitutional face remanded case district determine factual development whether aid recipients used government aid support religious objectives see kennedy concurring purpose inquiring whether particular grantee institution pervasively sectarian preliminary step demonstrating funds fact used religion remand unnecessary plurality contends actual diversion irrelevant establishment clause plurality bases holding actual diversion permissible witters zobrest ante decisions however rested significant factual premise missing case well majority cases thus far considered involving establishment clause challenges programs specifically decided witters zobrest understanding aid provided directly individual student turn made choice put aid use see witters zobrest accordingly approval aid cases relied significant extent fact ny aid ultimately flows religious institutions result genuinely independent private choices aid recipients witters supra see zobrest supra interpreter present sectarian school result private decision individual parents characteristic programs made less like direct subsidy impermissible establishment clause akin government issuing paycheck employee turn donates portion check religious institution see witters supra see also rosenberger supra concurring discussing witters recognizing distinction plurality nevertheless finds witters zobrest extent decisions might permit use government aid religious purposes relevant case involving neutral program see ante like justice souter believe treat program true programs considered witters zobrest see post first government provides aid directly student beneficiary student attend religious school yet retain control whether secular government aid applied toward religious education fact aid flows religious school used advancement religion therefore wholly dependent student private decision see rosenberger concurring discussing importance private choice witters witters fact aid goes individuals means decision support religious education made individual state concurring part concurring judgment aid religion issue result petitioner private choice reason agostini relied witters zobrest reject rule government aid directly assists educational function religious schools invalid yet also rested approval new york city title program part lack evidence actual diversion second believe distinction program true program significant purposes endorsement see lynch donnelly concurring terms public perception government program direct aid religious schools based number students attending school differs meaningfully government distributing aid directly individual students turn decide use aid religious schools former example religious school uses aid inculcate religion students reasonable say government communicated message endorsement religious indoctrination supported government assistance reasonable observer naturally perceive aid program government support advancement religion amount aid received school based school enrollment separate government endorsement religious message aid formula indicate reasonable observer inculcation religion endorsed individuals attending religious school affirmatively choose direct secular government aid school religious mission choices made contrast government aid supports school religious mission independent decisions made numerous individuals guide secular aid school reasonable observer likely draw facts inference state endorsing religious practice belief witters supra concurring part concurring judgment rather endorsement religious message reasonably attributed individuals select path aid finally distinction program true program important considering aid consists direct monetary subsidies recognized special establishment clause dangers government makes direct money payments sectarian institutions rosenberger see also ibid collecting cases plurality contends program identical relevant constitutional respects true program reason plurality reasoning government precluded providing direct money payments religious organizations including churches based number persons belonging organization actual diversion permissible plurality holding participating religious organizations including churches use aid support religious indoctrination sure plurality actually hold theory extends direct money payments see ante omission however little comfort logic well specific advisory language see ante plurality opinion foreshadows approval direct monetary subsidies religious organizations even use money advance religious objectives cases often pose difficult questions intersection neutrality principles therefore defy simple categorization either rule explained rosenberger esolution instead depends hard task judging sifting details determining whether challenged program offends establishment clause judgment requires courts draw lines sometimes quite fine based particular facts case concurring opinion agostini represents recent attempt devise general framework approaching questions concerning neutral programs agostini also concerned establishment clause challenge program closely related one issue reasons well disagreement plurality approach decide today case applying criteria set forth agostini ii agostini reexamining jurisprudence since school dist grand rapids ball explained general principles used determine whether government aid violates establishment clause remained largely unchanged thus still ask whether government acted purpose advancing inhibiting religion whether aid effect advancing inhibiting religion also concluded agostini however specific criteria used determine whether government aid impermissible effect changed looking recently decided cases articulated three primary criteria guide determination whether program impermissibly advances religion whether aid results governmental indoctrination whether aid program defines recipients reference religion whether aid creates excessive entanglement government religion finally noted criteria reviewed determine whether program constitutes endorsement religion respondents neither question secular purpose chapter title ii program contend creates excessive entanglement due denomination chapter education consolidation improvement act stat parties refer act title ii program modified subsequent legislation chapter ease reference accordingly purposes deciding whether chapter applied jefferson parish louisiana violates establishment clause need ask whether program results governmental indoctrination defines recipients reference religion taking second inquiry first clear chapter define aid recipients reference religion agostini explained scrutiny manner program identifies recipients important criteria might effect advancing religion creating financial incentive undertake religious indoctrination clarified financial incentive present aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis ibid chapter secretary education allocates funds based state share nation population state educational agency sea recipient state turn must distribute state chapter funds local educational agencies lea according relative enrollments public private nonprofit schools within school districts agencies adjusted take account lea greatest numbers percentages children whose education imposes higher average cost per child lea must expend funds innovative assistance programs designed improve student achievement statute generally requires lea ensure equitable participation children enrolled private nonprofit elementary secondary schools specifically mandates lea expenditures behalf children enrolled private schools equal consistent number children served expenditures programs children enrolled public schools lea statutory provisions make clear chapter uses wholly neutral secular criteria allocate aid students enrolled religious secular schools alike result creates financial incentive undertake religious indoctrination agostini next requires us ask whether chapter result governmental indoctrination held new york city program unconstitutional ball companion case aguilar also held similar program grand rapids michigan violated constitution decisions aguilar ball based presumption drawn large part meek see instructors teach secular classes campuses religious schools inevitably inculcate religion students agostini recognized ur recent cases undermined assumptions upon ball aguilar relied first explained since abandoned presumption erected meek ball placement public employees parochial school grounds inevitably results impermissible effect indoctrination constitutes symbolic union government religion rather relying zobrest explained absence evidence showing teachers actually using title aid inculcate religion presume instructors comply program secular restrictions see agostini title services required statute secular neutral nonideological quoting second noted departed rule relied ball government aid directly assists educational function religious schools invalid agostini supra relying witters zobrest noted cases taken forgiving view neutral government programs make aid available generally without regard religious nonreligious character recipient school see agostini respect specific title program issue noted several factors precluded us finding impermissible financing religious indoctrination aid provided students whatever school choose attend services law supplemental regular curricula benefited schools title funds ever reach coffers religious schools evidence title instructors attempted inculcate religion students relying factors also concluded new york city program reasonably viewed endorsement religion although found relevant title services provided basis also explained fact likely sufficient rather necessary condition program constitutionality willing conclude constitutionality aid program depends number sectarian school students happen receive otherwise neutral aid chapter program issue bears hallmarks new york city title program found important agostini first explained chapter aid distributed basis neutral secular criteria aid available assist students regardless whether attend public private nonprofit religious schools second statute requires participating sea lea use allocate chapter funds supplement funds otherwise available religious school chapter funds must case used supplant funds sources ibid third chapter funds ever reach coffers religious school like title program considered agostini chapter funds controlled public agencies sea lea lea purchase instructional educational materials lend materials public private schools see respect lending private schools chapter statute specifically provides relevant public agency must retain title materials equipment together supplantation restriction provision ensures religious schools reap financial benefit virtue receiving loans materials equipment finally statute provides chapter materials equipment must secular neutral nonideological restriction reinforced statutory prohibition making payment religious worship instruction although respondents claim chapter aid diverted religious instruction evidence de minimis explain greater length see infra iii respondents contend agostini distinguishable pointing distinct character aid program considered see brief respondents agostini federal funds paid teachers provide secular instruction eligible children premises religious schools contrast federal funds pay instructional materials equipment lea lend religious schools use schools teachers classes held similar programs unconstitutional meek wolman respondents contend decisions agostini controlling see brief respondents like respondents justice souter also relies meek wolman finding character chapter aid constitutionally problematic see post time decided meek wolman created inexplicable rift within establishment clause jurisprudence concerning government aid schools seven years decision meek held allen new york statute authorized lending textbooks students attending religious schools violate establishment clause explained statute merely made available children benefits general program lend school books free charge state retained ownership textbooks religious schools received financial benefit program specifically rejected contrary argument statute violated establishment clause textbooks critical teaching process religious school employed inculcate religion meek wolman adhered allen holding textbook lending programs issue case violate establishment clause see meek plurality opinion wolman plurality opinion time however held cases lending instructional materials equipment religious schools unconstitutional see meek supra wolman supra reasoned religious schools receiving materials equipment pervasively sectarian assistance support schools educational missions inevitably impermissible effect advancing religion example meek explained simply ignore reality attempt separate secular educational functions predominantly religious role performed many pennsylvania elementary secondary schools characterize statute channeling aid secular without providing direct aid sectarian even though earmarked secular purposes flows institution religion pervasive substantial portion functions subsumed religious mission state aid impermissible primary effect advancing religion thus held aid program necessarily results aid sectarian school enterprise whole inescapably results direct substantial advancement religious activity meek supra emphases added similarly wolman concluded view impossibility separating secular education function sectarian state aid inevitably flows part support religious role schools emphasis added whatever reason willing extend presumption inevitable religious indoctrination school aid instead consisted textbooks lent free charge example meek despite identifying religious schools secular educational functions religious missions inextricably intertwined upheld textbook lending program record case like record allen contains suggestion religious textbooks lent books provided used anything purely secular purposes citation omitted accordingly willing apply irrebuttable presumption secular instructional materials equipment diverted use religious indoctrination required evidence religious schools diverting secular textbooks religious instruction inconsistency two strands jurisprudence go unnoticed justices sides meek wolman decisions relied contradiction support respective arguments see meek rehnquist dissenting footnotes omitted indeed technology advance since allen meek wolman decisions made distinction textbooks instructional materials equipment suspect case example asked draw constitutional line lending textbooks lending computers computers constitute instructional equipment adherence meek wolman require exclusion computers government school aid program includes religious schools yet computers necessary schoolbooks years ago play somewhat similar role educational process allen meek wolman permit constitutionality program turn whether aid took form computer rather book reveals inconsistency inherent logic respondents insist reasoned basis establishment clause distinction textbooks instructional materials equipment claim presumption religious schools use instructional materials equipment inculcate religion sound materials equipment unlike textbooks reasonably divertible religious uses example matter secular criteria government employs selecting film projector lend religious school school officials always divert projector religious instruction respondents therefore claim establishment clause prohibits government giving lending aid religious schools aid reasonably divertible religious uses see brief respondents justice souter also divertibility secular government aid important consideration establishment clause although apparently ascribe constitutionally determinative status respondents see post reject respondents proposed divertibility rule first respondents cite precedent require possible direct precedential support rule single sentence contained wolman decision described allen premised view educational content textbooks something ascertained advance diverted sectarian uses wolman supra extent simple description allen even correct certainly constitute actual holding establishment clause prohibits government lending divertible aid religious schools rather explained wolman based holding invalidating lending instructional materials equipment religious schools rationale adopted meek secular educational function religious school inseparable religious mission see wolman supra indeed anything wolman confirms irrationality distinction textbooks instructional materials equipment wolman acknowledged holding respect instructional materials equipment tension allen explained continuing validity allen solely basis stare decisis board education allen remained law follow matter stare decisis principle restriction textbooks provided public schools sufficient ensure books used religious purposes wolman thus wolman never justified inconsistent treatment accorded lending textbooks lending instructional materials equipment based items reasonable divertibility justice souter attempt defend divertibility rationale viable distinction establishment clause jurisprudence fares better justice souter secular school aid presents constitutional problems actually diverted religious ends also simply capacity presents possibility diversion see post discussing susceptibility secular supplies service religious ends thus explains allen meek wolman decisions follows textbooks known fixed secular content readily divertible religious teaching purposes adaptable materials post view come surprise meek expressly conceded material equipment subjects loan ing starting secular nonideological neutral change use quoting meek pittenger supp ed indeed given nature instructional materials considered meek wolman difficult comprehend divertibility rationale explained decisions statutes issue cases authorized lending periodicals photographs maps charts sound recordings films meek supra maps globes wolman supra plausible basis saying items somehow divertible textbook given items like textbook fixed ascertainable content event even meek wolman articulated divertibility rationale urged respondents justice souter still reject fundamental reason stated simply theory provide logical distinction lending textbooks lending instructional materials equipment educator use virtually instructional tool whether ascertainable content teach religious message respect agree plurality hard imagine book even moderately skilled hands serve illustrate religious message ante today case example asked draw constitutional distinction lending textbook lending library book justice souter try justifying distinction demonstrates absurdity difference must rest lthough library books like textbooks fixed content religious teachers assign secular library books religious critique post regardless whether explanation even correct student surely given religious assignment connection textbook hardly distinction constitutional law turn moreover mere ability teacher devise religious lesson involving secular aid question suffices hold provision aid unconstitutional difficult discern limiting principle divertibility rule example even publicly financed lunch apparently unconstitutional divertibility rationale officials conceivably use lunch lead students blessing bread see brief avi chai foundation amicus curiae extent justice souter believes several related establishment clause decisions require application divertibility rule context case respectfully disagree justice souter correct note continued recognition special dangers associated direct money grants religious institutions see post follow however treat constitutionally suspect form secular aid might conceivably diverted religious use cases justice souter cites demonstrate concern direct monetary aid based diversion fact important reason according special treatment direct money grants form aid falls precariously close original object establishment clause prohibition see walz tax city new york men wrote religion clauses first amendment establishment religion connoted sponsorship financial support active involvement sovereign religious activity statements concerning constitutionally suspect status direct cash aid accordingly provide justification applying absolute rule divertibility aid consists instead instructional materials equipment justice souter also relies decisions wolman extent concerned transportation nonpublic schools levitt committee public ed religious liberty tilton richardson bowen see post none requires application divertibility rule context case wolman levitt based presumption government aid used inculcation religion chosen apply textbook lending programs generally rejected recent decisions compare wolman supra levitt supra supra infra tilton considered federal statute authorized grants universities construction buildings facilities used exclusively secular educational purposes see held statute unconstitutional extent university obligation use facility sectarian instruction religious worship appear ed expire end years hold statute unconstitutional lacks secular content restriction quite different resting divertibility rationale indeed fact held statute constitutional respects probative divertibility question demonstrates willingness presume university abide secular content restriction years requirement effect event chapter contains secular content restriction prohibition use aid religious worship instruction tilton provides basis upholding respondents challenge finally decision bowen proves actual diversion opposed mere divertibility constitutionally impermissible see believed divertibility secular aid sufficient call aid program question need remand ordered basis reversal iv divertibility fails explain distinction cases drawn textbooks instructional materials equipment remains question two irreconcilable strands establishment clause jurisprudence follow two adhere rule applied context textbook lending programs establish first amendment violation plaintiffs must prove aid question actually used religious purposes see meek allen held agostini recent cases undermined assumptions underlying ball aguilar hold agostini cases relied undermined assumptions underlying meek wolman sure agostini addressed specific presumption employees teaching premises religious schools inevitably inculcate religion nevertheless believe definitive rejection presumption also stood least strongly pointed broader proposition presumptions religious indoctrination normally inappropriate evaluating neutral programs establishment clause agostini repeatedly emphasized inappropriate presume inculcation religion rather plaintiffs raising establishment clause challenge must present evidence government aid question resulted religious indoctrination see specifically relied statement zobrest presumption indoctrination constitutes absolute bar aid question regardless religious school ability separate aid religious mission constitutes flat rule smacking antiquated notions taint indeed exalt form substance reasoning applies equal force presumption meek ball concerning instructional materials equipment explained agostini departed rule relied ball government aid directly assists educational function religious schools invalid respondents contend agostini limited facts point specifically following statement separate opinion ball basis retaining presumption religious inculcation instructional materials equipment 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 concurring judgment part dissenting part respondents note agostini overrule portion ball holding community education program unconstitutional program government paid teachers operate public teachers religious schools teaching secular classes conclusion regular school day ball relying majority opinion separate opinion ball respondents therefore contend must presume teachers inculcate religion students argue must also presume teachers unable follow secular restrictions use instructional materials equipment lent schools government see brief respondents disagree however latter proposition follows former first holding allen reaffirmance meek wolman demonstrate willingness assume instructors inculcate religion caused us presume also instructors unable follow secular restrictions use textbooks similarly reject presumption regarding use instructional materials equipment religious school receives textbooks instructional materials equipment lent secular restrictions school teachers need refrain teaching religion altogether rather instructors need ensure religious teaching done without instructional aids provided government always willing assume instructors abide restrictions aid consists textbooks justice brennan described surely heart tools education meek supra concurring part dissenting part assumption extend instructional materials equipment reason position ball distinguishable government paid instructors teach classes supplemental offered normal school day context willing presume teacher works throughout day advance school religious mission also least extent supplemental classes provided end day government financed entirety classes religious indoctrination taking place therein directly attributable government instant case chapter aid concerns teaching tools must remain supplementary aid comprises portion teacher educational efforts single class context find easier believe teacher abide secular restrictions placed government assistance therefore presume chapter aid advance perceived advance school religious mission respondents rest however divertibility argument alone rather also contend evidence respecting actual administration chapter jefferson parish demonstrates program violated establishment clause first respondents claim program safeguards insufficient uncover instances actual diversion brief respondents second contend record shows religious schools jefferson parish may used chapter aid support religious education diverted aid third respondents highlight violations chapter secular content restrictions finally note isolated examples potential violations chapter supplantation restriction based evidence underlying first second claims plurality appears contend chapter program upheld actual diversion government aid advancement religion permissible establishment clause see ante relying evidence underlying last claims justice souter concludes chapter program applied jefferson parish violated establishment clause see post disagree plurality justice souter limited evidence amassed respondents years discovery began approximately years ago best de minimis therefore insufficient affect constitutional inquiry plurality justice souter direct primary thrust arguments alleged inadequacy program safeguards respondents plurality justice souter appear proceed premise long actual diversion presents constitutional problem government must failsafe mechanism capable detecting instance diversion rejected assumption however agostini explained abandoned assumption properly instructed public employees fail discharge duties faithfully must also discard assumption pervasive monitoring title teachers required emphasis original believe abandon presumption adopted meek wolman respecting use instructional materials equipment teachers see constitutional need pervasive monitoring chapter program safeguards employed program constitutionally sufficient federal level statute limits aid secular neutral nonideological services materials equipment requires aid supplement supplant funds sources prohibits payment religious worship instruction state level louisiana department education relevant sea louisiana requires nonpublic schools submit signed assurances use chapter aid supplement supplant funds instructional materials equipment used secular neutral nonideological purposes app see also although dispute concerning mandatory nature assurances dan lewis director louisiana chapter program testified state nonpublic schools thus far willing sign assurances state retained power cut aid school breached assurance louisiana sea also conducts monitoring visits state lea one two nonpublic schools covered relevant lea every three years addition tasks performed visits sea representatives conduct random review school library books religious content local level jefferson parish public school system jppss requires nonpublic schools seeking chapter aid submit applications complete specific project plans approval sample application jppss conducts annual monitoring visits nonpublic schools receiving chapter aid visit jppss representative meets contact person nonpublic school reviews person school project plan manner school used chapter materials equipment support plan jppss representative also reminds contact person prohibition use chapter aid religious purposes conducts random sample school chapter materials equipment ensure appropriately labeled school maintained record usage although plurality justice souter claim compliance labeling requirement haphazard cite statewide monitoring report includes specific findings respect jefferson parish ante citing app post finally jppss representative randomly selects library books nonpublic school acquired chapter reviews content ensure comply program secular content restriction app monitoring satisfy jppss representative another visit scheduled apart conducting monitoring visits jppss reviews chapter requests filed participating nonpublic schools part process jppss employee examines titles requested library books rejects book whose title reveals suggests religious subject matter description jppss monitoring process make clear justice souter citation statewide report finding lack monitoring louisiana lea irrelevant far jefferson parish concerned see post quoting app respondents plurality justice souter fault safeguards primarily depend good faith participating religious school officials example plurality justice souter repeatedly cite testimony state parish officials acknowledging safeguards depend certain extent religious schools therefore way state jefferson parish say definitively chapter aid diverted religious purposes see ante post admissions however prove safeguards inadequate find actual diversion flourish one must presume bad faith part religious school officials report jppss monitors regarding use chapter aid disagree plurality justice souter point believe entirely proper presume school officials act good faith presumption especially appropriate case since proof religious school officials breached schools assurances failed tell government officials truth cf tilton possibility always exists course legitimate objectives law legislative program may subverted conscious design lax enforcement judicial concern possibilities standing alone warrant striking statute unconstitutional evidence proffered respondents relied plurality justice souter concerning actual diversion chapter aid jefferson parish de minimis respondents first cite following statement jefferson parish religious school teacher materials necessary enjoyable tool used teaching young children second grade teacher use subjects see positive result app respondents evidence consists chart concerning one jefferson parish religious school shows school theology department significant user audiovisual equipment see although accompanying letter indicates much school equipment purchased federal funds chart provide breakdown identifying specific chapter usage indeed unless relieve respondents evidentiary burden presume violation chapter assume school used equipment theology department chapter equipment elsewhere basic point however neither piece evidence demonstrates chapter aid actually diverted religious education proves possibility nonpublic schools jefferson parish participating chapter aid may diverted one school class another school theology department plurality insistence evidence somehow substantial flatly contradicts willingness disregard similarly insignificant evidence violations chapter supplantation restrictions see ante finding material statutory violation supplantation restriction ante characterizing violations restriction scattered de minimis shall explain believe evidence three points equally insignificant therefore treated justice souter also relies testimony one religious school principal indicating computer lent school chapter connected network computers see post citing app principal testified chapter computer take network another computer break extent principal testimony even proves chapter funds diverted school religious mission evidence hardly compelling justice souter contends evidence actual diversion requires declare chapter program unconstitutional applied jefferson parish post support quotes concurring opinion bowen statement therein use public funds promote religious doctrines violates establishment clause emphasis original principle course remains good law next sentence opinion relevant case hand xtensive violations proved case highly relevant shaping appropriate remedy ends abuses ibid emphasis original know case declared entire aid program unconstitutional establishment clause grounds solely violations miniscule scale issue yet precisely remedy respondents requested district granted appeals see app helms picard amended extensive violations might require remedy along lines asked respondents evidence presented contrary presence examples period least years years ago tends show rules failed worked accordingly see reason affirm judgment thereby declare properly functioning aid program unconstitutional respondents next evidentiary argument concerns admitted violation chapter secular content restriction three years jefferson parish religious schools ordered approximately religious library books chapter app dan lewis director louisiana chapter program testified discovered religious books performing random check state monitoring visit jefferson parish religious school discovery prompted state notify jppss reexamined book requests dating back discovered books question recalled series events demonstrates chapter safeguards inadequate rather program monitoring system succeeded even instead willing find incident evidence likelihood future violations evidence insignificant books constituted less one percent total allocation chapter aid jefferson parish relevant years justice souter understandably concedes book incident constitutes limited evidence post agree plurality like evidence actual diversion borrowing religious library books constitutes de minimis evidence see ante respondents last evidentiary challenge concerns effectiveness chapter supplantation restriction jefferson parish although justice souter rest decision point likelihood unconstitutional supplantation occurred well post disagree evidence cited respondents justice souter ambiguous rest sound conclusions best shows scattered violations statutory supplantation restriction insignificant aggregate affect constitutional inquiry indeed even justice souter concedes respect record sparse post given important similarities chapter program title program issue agostini respondents establishment clause challenge must fail agostini chapter aid allocated basis neutral secular criteria aid must supplementary supplant funds chapter funds ever reach coffers religious schools aid must secular evidence actual diversion de minimis program includes adequate safeguards regardless whether factors constitutional requirements surely sufficient find program issue impermissible effect advancing religion reasons carefully constrained program also reasonably viewed endorsement religion agostini accordingly concur judgment guy mitchell et petitioners mary helms et al writ certiorari appeals fifth circuit june justice souter justice stevens justice ginsburg join dissenting first amendment establishment clause prohibits congress incorporation making law respecting establishment religion held prohibit institution official church government act favoring religion particular religion matter irreligion thus bars use public funds religious aid establishment prohibition government religious funding serves one end meant guarantee right individual conscience compulsion protect integrity religion corrosion secular support preserve unity political society implied exclusion less favored antagonism controversy public support religious causes objectives always jeopardy since substantive principle aid religion limitation government action toward religion first amendment also bars prohibition individual free exercise religion religious organizations isolated basic government functions create civil environment much necessary difficult draw lines forbidden aid lawful benefit years attempting draw lines owing variety factual circumstances lines must drawn points creating boundary enjoyed far line drawn addressed government aid education fundamental generalizations nonetheless possible may aid supporting sectarian school religious exercise discharge religious mission aid secular character discernible benefit sectarian objective allowable religious secular spheres largely overlap life many schools tried identify facts likely reveal relative religious secular intent effect government benefits particular circumstances asked whether government acting neutrally distributing money form aid path government religious institution divertibility religious nurture potential reducing traditional expenditures religious institutions relative importance recipient among things years effort isolated single test constitutional sufficiency question every case addresses substantive principle aid reasons characterize benefit aid sectarian school discharging religious mission particular factual circumstances control answer matter judgment follows flesh summary case comes time judgment requires perspective establishment clause come understood applied majority today mistakes significance facts led conclusions unconstitutionality earlier cases though believe commits error failing recognize divertibility funds service religious objectives important view revealed plurality opinion espouses new conception neutrality practically sufficient test constitutionality adopted eliminate enquiry law effects plurality position breaks fundamentally establishment clause principle methodology painstakingly worked support mean revisit principle describe methodology length lest question rupture plurality view cause new view law majority mistaken application old respectfully dissent prohibition congress shall make law respecting establishment religion amdt eludes elegant conceptualization simply prohibition applies distinct phenomena state churches aid religious schools applied school aid prompted challenges programs ranging construction subsidies hearing aids textbook loans criteria moreover must define margins establishment prohibition must respect succeeding clause first amendment guaranteeing religion free exercise amdt wonder complementary constitutional provisions inexhaustably various circumstances applicability defied simple test instead produced combination general rules often tension edges coherence keep mind principal objectives served establishment clause application school aid recollection may help explain misunderstandings underlie majority result case least three concerns expressed since founding run throughout first amendment jurisprudence first compelling individual support religion violates fundamental principle freedom conscience madison jefferson familiar words establish clearly liberty personal conviction requires freedom coercion support means government compel aid fund madison put simply authority force citizen contribute three pence property support one establishment may force conform establishment memorial remonstrance reprinted everson board ed ewing tax establish religion antithetical command minds men always wholly free cussing madison memorial remonstrance noting jefferson belief compel ling man furnish contributions money propagation opinions disbelieves sinful nical even forcing support teacher religious persuasion depriving comfortable liberty giving contributions particular pastor whose morals make pattern internal quotation marks omitted see also rosenberger rector visitors univ souter dissenting second government aid corrupts religion see engel vitale establishment clause first immediate purpose rested belief union government religion tends destroy government degrade religion everson supra rutledge dissenting madison argued establishment religion weakened beliefs adherents favored strengthened opponents generated pride indolence clergy ignorance servility laity superstition bigotry persecution memorial remonstrance quoted everson internal quotation marks citations omitted see also illinois ex rel mccollum board ed school dist champaign overnment religion discrete interests mutually best served avoids close proximity nonbeliever fears injection sectarian doctrines controversies civil polity high degree devout believer fears secularization creed becomes deeply involved dependent upon government school dist abington township schempp brennan concurring see also rosenberger supra souter dissenting third government establishment religion inextricably linked conflict everson supra relating colonists understanding recent history religious persecution countries established religion engel supra discussing struggle among religions government approval lemon kurtzman history turmoil thus produced led rejection idea government subsidize religious education opinion brennan discussing history rejection support religious schools mccollum supra opinion frankfurter position illustrates understanding implicit endorsement religion unconstitutional see county allegheny american civil liberties union greater pittsburgh chapter concerns reflected classic summation delivered everson board education supra first opinion directly addressing standards governing aid religious establishment religion clause first amendment means least neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another neither force influence person go remain away church force profess belief disbelief religion person punished entertaining professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion neither state federal government openly secretly participate affairs religious organizations groups vice versa words jefferson clause establishment religion law intended erect wall separation church state directly pertinent doctrinal statements government pass laws aid one religion religions tax amount levied support religious activities institutions whatever form may adopt teach religion thus principle aid one everson immediately however difficulty might amount aid support problem everson merely imprecision words language first amendment commands government hamper citizens free exercise religion consequence government must neutral relations groups religious believers since withholding public benefits religious groups said hamper religious exercise indirectly extending benefits said aid formulation principle impossible wisely chose attempt thing instead gave definitive examples public benefits provided pervasively throughout society value organized religion way degree sensibly described giving aid violating neutrality requirement establishment clause concern general government services ordinary police fire protection connections sewage disposal public highways sidewalks benefits public welfare legislation extended modern times virtually every member population valuable every person association paradigms advantages religious organizations enjoy consistently prohibition aid governments extend without deserting required position neutrality paradigms perfect fits often government spending resists easy classification universal general service subsidy favoritism division everson turned inevitable question whether reimbursing parents cost transporting children school close enough police protection tolerate indirect benefit degree religious schools majority everson thinking reimbursement statute fell lawful side line although state scheme reimbursed parents transporting children sectarian schools among others gave money schools support legislation provide general program help parents get children regardless religion safely expeditiously accredited schools dissenters countered factual analyses showing limitation law benefits fact private school pupils roman catholics jackson ing indicating inseparability transporting pupils school support religious instruction school raison tre rutledge dissenting everson usefully understood light successor case two decades later board ed central school dist allen challenged government practice lending textbooks pupils schools public private including religious ones evidence previously supplied books classes evidence time allen problem classifying state benefit aid religion general public service consistent government neutrality led formulation test required secular primary intent effect necessary conditions permissible scheme split upholding state law issue everson majority author justice black dissent remarkable allen today however much division methodology consistency way justices went deciding case transcended different conclusions neither side rested facile application test simplistic reliance generality evenhandedness state law disagreement concentrated true intent inferrable behind law feasibility distinguishing fact religious secular teaching church schools reality sham lending books pupils instead supplying books schools majority sure cited provision books schoolchildren regardless religion everson majority spoken transportation reimbursement going case sake analogy provision police fire stress practical significance actual benefits received schools everson rested understanding money support went school allen emphasized savings parents devoid measurable effect teaching religion justice harlan concurring summed approach observations required government eutrality coat many colors quoted justice goldberg conclusion simple clear religious school aid case may readily decided quoting schempp everson allen state law applying establishment clause public expenditures producing benefit religious schools government aid religion forbidden tax revenue may used support religious school religious teaching government provision paradigms universally general welfare benefits police fire protection count aid religion whether law benefit sufficiently close universally general welfare paradigms classified distinct religious aid function purpose effect challenged law particularity judgment reducible application formula evenhandedness distribution religious secular beneficiaries relevant factor sufficiency test constitutionality rule religious equal protection effect expenditure benefit religious school students necessarily constitutional long public school pupils favored ostensibly identical terms government must maintain neutrality religion neutrality conclusory label required position government neither aiding religion impeding religious exercise believers neutrality name test identify permissible action particular synonymous evenhandedness conferring benefit secular well religious today substantive principle aid religious mission remains governing understanding establishment clause applied public benefits inuring religious schools governing opinions subject years since allen never challenged principle cases however recognized actual establishment clause litigation school aid legislation pure aid religion purely secular welfare benefit effects laws fall somewhere judicial task make realistic allocation two possibilities decisions demonstrate repeated attempts isolate considerations relevant classifying particular benefits discernibly support threaten support school religious mission cross threaten cross line support religion ii deceptively familiar considerations neutrality presence absence sense addressed moment everson say sense used term least three ways cases understanding term evolution help explain concept understood today well limits significance establishment clause analysis neutrality employed term describe requisite state government equipoise forbidden encouragement discouragement religion characterize benefit aid secular indicate evenhandedness distributing already mentioned first referred neutrality everson simply stating government required neutral among religions religion nonreligion describing cases see define boundaries neutral area religion clauses within legislature may legitimately act roemer board public works plurality opinion blackmun neutrality required state must confine secular objectives neither advance impede religious activity course principle easily stated applied see also committee public ed religious liberty nyquist describing neutral posture toward religion roemer supra opinion blackmun enforced scrupulous neutrality state among religions also religious activities cf wolman walter quoting lemon noting difficulty religious teachers remaining religiously began employ neutrality sense different equipoise however explicated distinction religious secular benefits religious schools latter circumstances permissible see infra discussing considerations even though everson allen anticipated distinction neither case used term neutral way everson justice black indicated providing police fire similar government services religious institutions permissible part separate indisputably marked religious function describing instructional materials secular nonideological wholly neutral describing auxiliary services religiously neutral roemer supra opinion blackmun describing tilton approved buildings neutral nonideological nature discussing translator neutral service agostini felton discussing need assess whether nature aid neutral nonideological cf levitt committee public ed religious liberty noting district approved testing cost reimbursement payment services secular neutral character citing lemon wolman supra quoting lemon supra describing permitted services aid secular neutral nonideological shift equipoise secular however last redefinition transformed sense neutrality reexamining reinterpreting everson allen began use word neutral mean evenhanded sense allocating aid common basis religious secular recipients neither everson allen explicitly used neutral manner label equipoise lent referring secular characteristic government might provide readily adaptable referring generality government services everson paradigms permissible benefits compared increased attention notion evenhanded distribution evident nyquist distinguished program consideration government services approved allen everson part class beneficiaries everson allen included schoolchildren public well private schools nyquist reserved question whether form public assistance made available generally without regard nature institution benefitted permissible citations omitted subsequent cases continued focus generality approved government services important characteristic meek example characterized everson allen approving general program pay bus fares lend school books respectively approving two similar general program new york pennsylvania wolman upheld diagnostic services described general welfare services children quoting meek supra justice blackmun writing roemer first called general evenhanded program neutral speaking facial neutrality relevant consideration determining whether establishment clause violation eligious institutions need quarantined public benefits neutrally available adopted redefinition neutrality evenhandedness citing nyquist upheld system tax deductions sectarian educational expenses part facially neutral law quoting nyquist characterizing program making aid available generally zobrest supra discussing government programs neutrally provide benefits broad class citizens defined without reference religion citing mueller witters agostini supra discussing aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis see also rosenberger guarantee neutrality respected offended government following neutral criteria evenhanded policies extends benefits recipients whose ideologies viewpoints including religious ones broad diverse sum neutrality originally entered field jurisprudence conclusory term label required relationship government religion state equipoise government ally government adversary reexamining everson paradigm cases derive prescriptive guideline first determined neutral aid secular nonideological unrelated religious education subsequent reexamination everson allen beginning nyquist culminating mueller recently agostini recast neutrality concept evenhandedness course good reason considering generality aid evenhandedness distribution making close calls benefits purpose effect support school religious mission everson even disputed practice falls short everson paradigms breadth evenhanded distribution one pointer toward law purpose since face aid distributed generally without religious criterion less likely meant aid religion benefit going religious institutions people depending breadth distribution looking evenhandedness way asking whether benefit reasonably seen aid religion fact regard postal system aiding religion even though parochial schools get mail given legitimacy considering evenhandedness reason avoid term neutrality refer one crucial point must borne mind days neutral used everson sense equipoise neutrality tantamount constitutionality term conclusory applied meant government position constitutional establishment clause however recent use neutrality refer generality evenhandedness distribution kind neutrality relevant judging whether benefit scheme characterized seen aiding sectarian school religious mission neutrality alone sufficient qualify aid constitutional considered along characteristics aid administration recipients potential emphasized years indicators religious intent effect given aid scheme really see tilton quoting meek overruled part agostini opinion experience proves establishment clause like free speech clause easily reduced single test rosenberger concurring discussing need line drawing noting lack single grand unified theory establishment clause citing kiryas joel cf agostini supra examining variety factors thus basic principle establishment scrutiny aid remains principle stated everson may public aid religion support religious mission institution insufficiency evenhandedness neutrality criterion constitutional intent effect clear beginning interpretative efforts obvious reason evenhandedness distributing benefit approaches equivalence constitutionality area term refers universality distribution makes sense think benefit going discrete group conversely evenhandedness refers distribution limited groups within society like groups schools schoolchildren make sense regard benefit aid recipients see everson discussing aid approaches verge forbidden territory lemon dimly perceive lines demarcation extraordinarily sensitive area constitutional law nyquist noting perplexing questions presented area acknowledging entangl ing mueller quoting lemon witters quoting lemon hence looked evenhandedness failed ask activities aid might support fact support religious schools blessed government funding massive expenditures made benefit public school counterparts religious missions thrive public money consideration less universal neutrality never recognized dispositive always teamed attention facts bearing substantive prohibition support school religious objective least three main lines enquiry addressed particularly school aid emerged complement evenhandedness neutrality first noted two types aid recipients heighten establishment clause concern pervasively religious schools primary secondary religious schools second identified two important characteristics method distributing aid directness indirectness distribution distribution genuinely independent choice third found relevance least five characteristics aid religious content cash form divertibility actually diversion religious support supplantation traditional items religious school expense substantiality two types school aid recipients raised special concern first recognized fact overriding religious mission certain schools sometimes called pervasively sectarian confined discrete element curriculum everson lemon supra school operates commingle religion instruction plainly completely secularize instruction parochial schools large measure accept assumption secular subjects unrelated religious teaching see also bowen kendrick discussing pervasively sectarian private schools based record evidence long experience concluded religious teaching schools core instructors individual personal obligations cf canon text commentary necessary formation education given catholic school based upon principles catholic doctrine teachers outstanding correct doctrine integrity life individual religious teachers teach lemon douglas concurring levitt meek wolman discussing nonseverability religious secular education ball concurring judgment part dissenting part overruled part agostini religious teaching separated secular education schools teachers concluded direct government subsidies schools prohibited inevitably impermissibly support religious indoctrination zobrest discussing meek ball second expressed special concern aid primary secondary religious schools tilton one hand understood youth students schools makes highly susceptible religious indoctrination lemon supra process inculcating religious doctrine course enhanced impressionable age pupils primary schools particularly recognized religious element education offered sectarian primary secondary schools far intertwined secular university teaching natural academic skepticism older students may separate two see tilton supra roemer thus government benefits accruing pervasively religious primary secondary schools raise special dangers diversion support religious indoctrination children involvement government religious training practice also evaluated portent support organization religious mission may inherent method aid granted finding pertinence least two characteristics distribution first asked whether aid direct indirect observing distinctions government schemes individual beneficiaries whose beneficiaries first instance might religious schools everson supra bus fare supports parents schools allen textbooks go benefit children parents schools lemon supra invalidating direct aid schools levitt supra invalidating direct testing aid schools witters evaluating whether aid direct subsidy schools direct aid obviously raises greater risks although recent cases discounted risk factor looking features distribution mechanism agostini supra second distinguished indirect aid reaches religious schools incidentally result numerous individual choices aid reality directed religious schools government practical terms selected religious schools mueller witters supra zobrest supra cases declared constitutionality programs providing aid directly parents students tax deductions scholarship money aid may pay education sectarian institutions mueller supra witters result genuinely independent private choices aid recipients distinguished path aid route ball wolman opinions indicated meaningful distinction made aid student aid school concept loan individuals transparent fiction citations internal quotation marks omitted addition character school benefit accrues path government school number features aid figured classifications made first barred aid actual religious content obviously run afoul ban government participation religion everson walz cf lemon discussing variable ideological religious character religious teachers compared fixed content books cases permitted aid regularly characterized neutral sense noted supra without religious content see tilton characterizing buildings religiously neutral zobrest describing translator neutral service agostini discussing need assess whether nature aid neutral nonideological see also ante barring aid religious content second long held government aid invalid circumstances allow diversion religious education risk diversion obviously high aid form government funds makes way coffers religious organizations start understood constitution bar outright money grants aid see everson noting approved aid expenditure public funds either grant loan wolman noting statute authorize payment nonpublic school personnel costs administering tests agostini emphasizing approved services distributed directly religious schools title funds ever reach coffers religious schools title services may provided religious schools schoolwide basis citations omitted bowen rosenberger noting recognized special establishment clause dangers government makes direct money payments sectarian institutions cf lemon noting safeguards accounting inspections required prevent government funds supporting religious education cause impermissible entanglement roemer approving segregated funds finding recipients pervasively religious ball noting ith one exception subsequent cases struck attempts make payments public tax dollars directly primary secondary religious educational institutions overruled part agostini supra witters equally state may grant aid religious school whether cash kind effect aid direct subsidy religious school internal quotation marks citations omitted rosenberger supra concurring noting student fee tax divertibility course characteristic cash alone examining provisions ostensibly secular supplies considered susceptibility service religious upholding scheme provide students secular textbooks emphasized book loaned must approved public school authorities secular books may receive approval allen levitt ignore substantial risk examinations prepared teachers authority religious institutions drafted eye unconsciously otherwise inculcate students religious precepts sponsoring church point mind held buildings constructed government grants universities religious affiliation must barred religious use indefinitely prevent diversion government funds religious objectives tilton plurality opinion end years building example converted chapel otherwise used promote religious interests original federal grant part effect advancing religion extent act therefore trespasses religion clauses see also hunt accordingly constrained strike aid repairing buildings nonpublic schools used religious education nyquist divertibility issue order remanding challenge grant supporting counseling teenage sexuality findings aid used support religious education bowen see also concurring recent example attention significance divertibility occurred explanation public school teachers assigned provide limited instruction religious schools agostini majority rejecting factual assumption public school teachers readily lured providing religious third cases recognized distinction adopted statute chapter legislation aid merely supplements aid supplants expenditures offerings religious schools latter barred although never adopted position benefit flows religious school impermissible frees resources school engage religious indoctrination hunt supra first decision holding permissible provide textbooks religious schools repeatedly explained unconstitutionality aid supplants item school traditional expense see cochran louisiana bd noting religious schools beneficiaries appropriations obtain nothing relieved single obligation internal quotation marks omitted everson specifically noting bus fare program support fund religious schools allen stating financial benefit providing textbooks parents children schools omitted explicitly recognizing record contains evidence private schools appellants districts previously provided textbooks students lemon opinion brennan noting aid schools involved allen ignored prohibition regan supra see also ante reimbursement budgeted expenses required testing struck quickly returned rule guideline permissible zobrest specifically distinguished meek ball explaining invalid programs cases relieved sectarian schools costs otherwise borne educating students agostini made point noting objects aid law supplemental regular curricula citing zobrest explained remedial education services relieve religious schools costs otherwise borne citing zobrest supra explicitly stated services question supplant remedial instruction guidance counseling already provided new york city sectarian schools finally recognized obvious however imprecise holding substantial amounts aid unconstitutional whether plaintiff show supplants specific item expense religious school meek invalidated loan instructional materials religious schools faced substantial amounts direct support authorized program simply ignore reality attempt separate secular educational functions predominantly religious role performed many pennsylvania elementary secondary schools characterize program channeling aid secular without providing direct aid sectarian see substantial aid educational function schools necessarily results aid sectarian school enterprise whole see also nyquist wolman witters asked whether aid question direct subsidy religious schools addressed substantiality aid obliquely noting nothing record indicates significant portion aid expended washington program whole end flowing religious education zobrest supra spoke substantiality test meek noting isabled children sectarian schools primary beneficiaries individuals disabilities act idea extent sectarian schools benefit idea incidental beneficiaries stretch doctrinal history leaves one point clear beyond peradventure together james madison consistently understood establishment clause impose substantive prohibition public aid religion hence religious mission sectarian schools evenhandedness neutrality one nondispositive pointer toward intent lesser degree probable effect permissible side line forbidden aid general public welfare benefit pointers facts religious mission education level benefited schools pupils pathway benefit travels public treasury educational effect form content aid adaptability religious ends effects school budgets object enquiries matters whatever particular circumstances benefit intended aid providing religious element education likely substance law thus changed since everson emphasis one sort fact another varied depending perceived utility enquiry added repeated explanation relevant considerations confirming predecessors right prophecies simple test emerge allow easy application establishment principle plurality however reject lesson majority misapplies iii nub plurality new position government seeking legitimate secular purpose offers aid terms without regard religion adequately purpose fair say aid going religious recipient effect furthering secular purpose government crafting aid program conclude given level aid necessary purpose among secular recipients provided level religious recipients ante citation omitted break consistent doctrine plurality new criterion unequaled history establishment clause interpretation simple face appears take evenhandedness neutrality practical terms promote single sufficient test establishment constitutionality school aid even terms errors manifold attention least three mistaken assumptions show degree plurality proposal replace principle aid formula generous religious support first plurality treats external observer attribution religious support government sole impermissible effect government aid scheme see ante one conclude indoctrination particular recipient conducts done behest government perceived state endorsement religion undoubtedly relevant concern establishment clause see allegheny county concurring part concurring judgment souter concurring part concurring judgment certainly one everson made clear start secret aid religion government also barred state aid attributed government still violate taxpayer liberty conscience threaten corrupt religion generate disputes aid event since feature scheme plurality view rule attribution perception endorsement adopting plurality rule facial evenhandedness convert neutrality dispositive criterion establishment constitutionality eliminate effects enquiry directed allen lemon cases plurality rule neutrality program met first part lemon enquiry declining define program recipients religion automatically satisfy second supposedly impermissible effect aiding second plurality apparently assumes fact equal amounts aid religious nonreligious schools exclusively secular equal effects external perception incentives attend different schools see ante reason believe case effects aid may confined secular sphere reason long recognized unrestricted aid religious schools support religious teaching addition secular education fact true matter supposedly secular purpose law might third plurality assumes per capita distribution rules safeguard principles independent private choices clearly approved university scholarships witters found close giving government employee paycheck allowing spend chose per capita aid program far cry awarding scholarships individuals one makes independent private choice least significant differences per capita aid aid individually determined directed right genuine opportunity recipient choose give hold otherwise license government donate funds churches based number members patent fiction independent private choice plurality mistaken assumptions explain underscore sharp break framers understanding establishment consistent interpretative course plurality regime little left right conscience compelled support religion massive aid potent influence government teaching mission generous support divisive resentments resisting religious support religions without school systems ready claim fair share plurality conception evenhandedness however control case whose disposition turns misapplication accepted categories school aid analysis facts obviously relevant chapter scheme jefferson parish showing divertibility actual diversion circumstance pervasively sectarian religious schools type aid structure program lack effective safeguards clearly demonstrate divertibility aid little known use owing anemic enforcement system parish even thin record us reveals actual diversion occurred aid government provided highly susceptible unconstitutional use much equipment provided chapter type provided individual students app pet cert app included slide projectors movie projectors overhead projectors television sets tape recorders projection screens maps globes filmstrips cassettes computers computer software peripherals helms cody wl ed mar app pet cert app well library books materials videocassette players overhead projectors instructional aids sort found easily used religious teachers religious purposes meek wolman true computers readily employable religious teaching equipment presumably immune countervailing safeguard app although library books like textbooks fixed content religious teachers assign secular library books religious critique books libraries may religious divinity school library demonstrate sheer number variety books ordered gave ample opportunity diversion divertibility thus inherent forms chapter aid enhanced structure program jefferson parish requests specific items chapter came secular officials cf allen officials religious schools even parents religious school pupils see ante noting private religious schools submitted orders government specific requested items app sectarian schools decided wanted often ordered supplies forwarded directly easy select whatever instructional materials library books schools wanted easy employ computers support religious content curriculum infused religious instruction concern divertibility thus predicated underscored fact religious schools question covered primary secondary grades grades sectarian nature instruction characteristically pervasive see lemon cf tilton pupils least critical schools religious objectives see lemon supra one indeed disputes trial judge findings based detailed record roman catholic made majority private schools pervasively common objective mission engage religious teachers taught making precisely kind primary secondary religious schools raise serious establishment clause concerns see walz hunt lemon supra threat establishment clause values accordingly highest circumstances case precautionary features jefferson parish scheme grossly inadequate counter threat sure disbursement aid subject statutory admonitions diversion see supposedly subject variety safeguards see ante provisions onsite monitoring visits labeling government property government oversight accepted sufficient face record evidence safeguard provisions proved empty phrases jefferson parish cf agostini zobrest accepting precautionary provisions absence evidence uselessness plurality already noted length ineffectiveness government monitoring program ante see also app system monitor nonpublic schools often operation therefore local educational agency always know purchased utilized monitors visited nonpublic school sporadically discussed program single contact person observed nothing attempts recordkeeping failed inform teachers restrictions involved although chapter required labeling government property occurred haphazardly best government sole monitoring system computer use amounted nothing questioning school officials examining location computers schools records software computer use kept recordkeeping even planned state local officials jefferson parish admitted nothing prevented chapter computers used religious instruction although knew methods monitoring computer usage locking computer functions implemented particular policies instituted systems employed technologies minimize likelihood diversion religious watchdogs require religious schools give much assurance use chapter computers solely secular purposes helms picard amended app government officials admitted way tell whether instructional materials diverted plurality notes screening mechanism library book scheme review titles single government official ante see app government even policy consequences noncompliance risk immediate diversion chapter benefits complement risk future diversion jefferson parish program absolutely protection statute purchases chapter aid remain property merely lent recipient nonpublic schools actuality however record indicates nothing jefferson parish program stood way giving chapter property outright religious schools became older although old equipment remained property local education agency local government administrative body one agency employee testified set policy dealing old computers probably given outright religious schools app witness said instructional materials probably left religious schools old unclear whether library books ever returned government ibid providing governmental aid without effective safeguards future diversion offends establishment clause tilton nyquist even without evidence actual diversion cases repeatedly held substantial risk suffices invalidate government aid program establishment grounds see wolman invalidating aid transportation field trips unacceptable risk fostering religion inevitable byproduct meek striking program potential impermissible fostering religion levitt invalidating aid tests designed religious teachers substantial risk examinations prepared teachers authority religious institutions drafted eye unconsciously otherwise inculcate students religious precepts sponsoring church lemon finding invalid aid potential impermissible fostering religion cf bowen noting diversion risk less clearly made case may remanded findings actual diversion aid religious indoctrination regan characterizing minimal chance tests complete safeguards adopted religious testing substantial risk diversion case clear plurality conceded first amendment violated record goes beyond risk instances actual diversion one expect paltry efforts monitoring enforcement naturally resulted record strongly suggests undocumented diversions probably occurred well first record shows actual diversion library book program app although limited evidence exists contrasts starkly records numerous textbook programs repeatedly upheld evidence actual diversion see allen meek supra wolman supra discovery revealed chapter nonpublic schools requested government purchased least religious books taxpayer funds december app books child book prayers illustrated life jesus discovered among others ordered program see also evidence persuasively suggests aid actually diverted well principal one religious school testified example computers lent chapter funds joined network computers schools religious officials teachers allowed develop unregulated software use network admitted chapter computer took support computing system whenever breakdown master computer purchased religious school funds ibid moreover plurality observes ante comparing records considerable federal funding audiovisual equipment religious schools records schools use unidentified audiovisual equipment religion classes strongly suggests film projectors videotape machines purchased public funds used religious indoctrination period least seven years app see also statement teacher indicating used audiovisual materials classes indeed plurality readily recognizes aid question divertible substantial evidence actual diversion exists ante nn although justice attributes limited significance evidence divertibility actual diversion also recognizes exists ante opinion concurring judgment choice hold program applied violated establishment iv plurality break law majority misapplies misapplication however consolation case reaches erroneous result stage doctrinal coup mistaking abandonment doctrine occur plurality become majority beyond question plurality notion evenhandedness neutrality practical guarantee validity aid sectarian schools end principle aid schools religious mission obvious become reflecting plurality thoughts diversion giving attention pervasiveness school sectarian teaching plurality candid pointing extent actual diversion chapter aid religious use case us ante equally candid saying matter ante plurality nothing wrong aiding school religious mission question whether religious teaching obtains tax support formally evenhanded criterion distribution principle aid religious teaching independent significance enough prove aid religious school aid dead plurality first amendment point nailed plurality attack legitimacy considering school pervasively sectarian character judging whether aid school likely aid religious mission ante relevance consideration simply matter common sense religious indoctrination pervades school activities children adolescents takes great care able aid school without supporting doctrinal effort obvious plurality nonetheless condemns enquiry pervasiveness doctrinal content remnant bigotry evangelical protestant schools orthodox jewish yeshivas never pervasively equates refusal aid religious schools hostility religion aid religious teaching opposed case least one religious numerous religious amici tradition claiming descent roger williams concern arguments goes much fact plurality choice employ imputations bigotry irreligion terms debate makes one point clear rejecting principle aid school religious mission plurality attacking fundamental assumption underlying establishment clause government fact operate neutrality relation religion believe respectfully dissent footnotes chapter technically subchapter vi chapter codified improving america schools act pub stat convenience use term chapter lower courts prior chapter codified congress amended section governing sorts materials equipment available chapter compare ed record case closed effect amendment issue everson board ed ewing upholding reimbursement parents costs busing children public private school cases prior everson discussed issue indirectly see vidal philadelphia quick bear leupp evaluated aid schools provisions constitution see cochran louisiana bd justice acknowledges neutrality important reason upholding programs one recent cases emphasized repeatedly post opinion concurring judgment majority opinion also noted small portion overall aid state program go religious education see witters assert validity program depend fact petitioner appears handicapped student sought use assistance pursue religious training held proportion aid benefiting students religious schools pursuant neutral program involving private choices irrelevant constitutional inquiry refusing conclude constitutionality aid program depends number sectarian school students happen receive otherwise neutral aid see also post concurring judgment quoting passage respondents also contend chapter aid supplants rather supplements core educational function parochial schools therefore effect furthering religion case law provide indication distinction may relevant determining whether aid results governmental indoctrination see agostini see school dist grand rapids ball never delineated distinction contours held constitutionally required extent line separable respondents divertibility arguments need resolve distinction constitutional status today already noted chapter requires aid may supplemental see also post concurring judgment declining decide whether distinction constitutional requirement see post explaining computers necessary educational process presume whether parish complied statutory requirement least relevant whether violation constitutional requirement occurred yet reason believe material statutory violation statewide review louisiana sea indicated receives nearly universal compliance app importantly neither district fifth circuit even hinted jefferson parish violated respondents barely mention statute brief offering slimmest evidence possible violation see respondents argue chapter aid school uses comply state requirements relating computers libraries necessarily violates whatever line may exist constitution decision committee public ed religious liberty regan upholding reimbursement parochial schools costs relating testing rejects blanket rule reason concern form per se bad form creates special risks governmental aid effect advancing religion even purpose indirect form payment reduces risks see mueller concurring explaining witters reconciling principle neutrality principle public funding religious messages relying principle private choice similarly doubt unconstitutional modify witters hypothetical see discussing combined federal campaign finally least prior cases striking direct payments involved serious concerns whether payments truly neutral see committee public ed religious liberty nyquist striking vote program providing direct grants maintenance repair school facilities payments allocated available private nonprofit schools areas practically catholic dissent find establishment religion projector used religious school show privately purchased religious film even though public school possessed kind projector likely constitutionally barred refusing allow student bible club use projector classroom show film classrooms projectors generally available student groups see lamb chapel center moriches union free school although elsewhere board ed central school dist allen observe response party argument evidence schools using secular textbooks somehow religious instruction see occasion say consequence use occurring importantly think brief concluding comment read especially zobrest mention witters mueller agostini essential reasoning allen justice agrees constitution bar divertible aid see post opinion concurring judgment also finds actual diversion unproblematic true directs aid see post even private choice thinks amount actual diversion tolerable safeguards preventing detecting actual diversion may minimal explain infra thus surprising dissent accuse us following rule breathtaking manipulability post justice today analysis jefferson parish chapter program many safeguards justice relies safeguards improper content diversion see post opinion concurring judgment content different matter diversion much easier police mutable use materials equipment one reason find safeguards improper content adequate infra similarly statutory provisions supplanting nonfederal funds paying federal funds religious worship instruction justice also relies post little relevance diversion former diversion need supplant latter religious schools receive funds sea director acknowledged much said sea enforces rule diversion best visits ne two private schools whenever reviews lea reviews lea every three years app asked whether way sea officials know diversion chapter computer responded way monitoring jefferson parish lea similarly ineffective lea visits private school year less hour half alerts school visit advance monitoring visits consist reviewing records equipment use speaking single contact person sole source records use case overhead projectors record appears sheet lea official simply checks whether recordation use attempted contact person teacher monitoring include speaking teachers lea makes effort inform teachers restrictions use chapter equipment contact person also usually involved computers thus contact person uninvolved actual use divertible equipment therefore position know whether diversion occurred see unsurprisingly contact person ever reported diversion agostini contrast monitors visited classroom unannounced month teachers received specific training activities permitted head jefferson parish lea admitted idea whether chapter equipment diverted way ascertain visit whether material equipment purchased used accordance chapter plan submitted purposes also view school teach creation concept origin man used chapter overhead projector violation yes way ever ask question school whether use purpose app see similar fact label associating government religious use equipment exacerbates establishment clause problem might exist diversion occurs justice dismisses de minimis evidence actual diversion post opinion concurring judgment may good realize considers de minimis persuasive evidence chapter audiovisual equipment used catholic school theology department uch equipment issue purchased federal funds app federal funds school year almost certainly chapter funds see cf diversion occurred seven consecutive school years use equipment theology department massive years outstripping every year use departments science math foreign language ibid addition dissent documented likely diversion computers post coordinator jefferson parish lea ordered books recalled sometime summer early fall appears schools complied recall order second week december app respondents filed suit early december key distinction instance providing improper content evidence actual diversion see supra indeed petitioners observe require exclusion religious schools program raise serious questions free exercise clause see church lukumi babalu aye hialeah minimum protections free exercise clause pertain law issue discriminates religious beliefs everson holding free speech clause bars exclusion religious viewpoints limited public forum footnotes jefferson virginia bill establishing religious freedom provided hat man shall compelled frequent support religious worship place ministry whatsoever jefferson bill establishing religious freedom founder constitution kurland lerner eds see also rosenberger rector visitors univ souter dissenting previously recognized provisions first amendment drafting adoption madison jefferson played leading roles objective intended provide protection governmental intrusion religious liberty virginia statute everson board ed ewing plurality mistakes recognition fundamental concern ante may well moved away considering political divisiveness threatened particular instances aid practical criterion applying establishment clause case case never questioned importance motivating concern behind establishment clause change history find sectarian conflict influence framers wrote upheld payments indian tribes apparently roman catholic schools quick bear leupp suggesting dicta establishment clause problem squarely face question address first amendment challenge state program providing textbooks children cochran louisiana bd simply concluded program adequate public purpose first squarely faced issue everson everson dissenters parted company majority specific question school buses stood one behind principle aid religious teaching jackson dissenting rutledge dissenting indeed two dissenters allen agreed majority method analysis asking whether books issue similar enough fire police protection see black dissenting fortas dissenting fact religious education roman catholic schools defined part required religious practice aiding thus akin aiding church service see code canon law canon reprinted code canon law text commentary hereinafter text commentary directing parents entrust children roman catholic schools otherwise provide roman catholic education canon text commentary requiring faithful support establishment maintenance roman catholic schools canons text commentary requiring diocesan bishop establish regulate schools imparting education imbued christian spirit although longer assumes public school teachers assigned religious schools limited purposes teach religiously see agostini felton never abandoned presumption religious teachers teach way lemon kurtzman douglas concurring levitt committee public ed religious liberty meek pittenger wolman walter school dist grand rapids ball concurring judgment part dissenting part overruled part agostini supra cf nlrb catholic bishop chicago relationship school differs employment relationship public nonreligious school agostini indicated departed rule relied ball government aid directly assists educational function religious schools invalid zobrest catalina foothills school however agostini rely dictum instead clearly stating hile true individual students may directly apply title services follow premise services distributed directly religious schools fact title funds ever reach coffers religious schools title services may provided religious schools basis citations omitted today never permitted aid go directly schools basis plurality misreads precedent suggesting abandoned directness distribution relevant consideration see ante wolman stated nominally describing aid students bar finding actually provided subsidy school agostini supra also permitted government supply students translators zobrest supra special education teachers agostini directly provided government services whatever schools specific students attended public nonpublic already noted agostini limitations see supra agree plurality establishment clause absolutely prohibits government providing aid clear religious content religious matter nonreligious schools ante plurality however misreads precedent focusing affirmatively religious content least building example content squarely required government ensure publicly financed building diverted religious use tilton richardson see also bowen kendrick concurring ny use public funds promote religious doctrines violates establishment clause similarly noted paying salaries parochial school teachers creates much risk support aid teaching religion striking programs need pervasive monitoring required see lemon assume however parochial school teachers unsuccessful attempts segregate religious beliefs secular educational responsibilities potential impermissible fostering religion present state legislature provide state aid basis mere assumption secular teachers religious discipline avoid conflicts state must certain given religion clauses subsidized teachers inculcate religion comprehensive discriminating continuing state surveillance inevitably required ensure restrictions obeyed first amendment otherwise respected true called importance cash payment consideration question committee public ed religious liberty regan approving program providing religious school direct cash reimbursement expenses standardized testing case found safeguards diversion funds religious uses sufficient allow aid contrary view insist drawing constitutional distinction paying nonpublic school grading paying state employees independent service perform task even though grading function regardless performs primary effect aiding religion whether performed nonpublic school personnel aside isolated circumstance found ironclad guarantees nondiversion never relaxed prohibition direct cash aid pervasively religious schools fact continued acknowledge concern see agostini cf rosenberger plurality concedes basic point see ante given find suggestion prohibition undermined mueller witters without foundation see ante cases involved entirely different types aid namely tax deductions individual scholarship aid university education see also infra followed rosenberger agostini continued support absolute restriction reject plurality argument divertibility boundless principle ante long experience evaluating consideration demonstrates practical limits see infra moreover establishment clause charges us making enquiries regardless difficulty see supra finally first amendment rule permitting aid fixed secular content seems difficult apply plurality rule prohibiting aid fixed religious content contrary plurality apparent belief lamb chapel center moriches union free school sheds light question divertibility school aid ante case clearly distinguished question access public facilities anything resembling school aid cases showing film series school hours sponsored school open public church members lemon also specifically examined risk government program paid religious teachers support religious education teachers posed risk unable separate secular religious education although invalidated program entanglement grounds suggested monitoring state established case actually required eliminate risk diversion see see also supra plurality mistaken reading zobrest see ante zobrest reject principle divertibility government provided translator considered divertible add subtract religious message approved translator approve hearing aid health services diagnostics tests see zobrest wolman zobrest thus thought akin approval diagnostic services wolman supra considered little educational content closely associated educational mission nonpublic school pose impermissible risk fostering ideological views fact dissent saw things otherwise plurality points ante beside point similarly plurality mistaken reading holdings mueller witters see ante undermine divertibility relevant principle first cases approved quite factually distinct types aid mueller involving tax deductions quite separate history approval see witters involving scholarship money distributed university primary secondary school see tilton significant enough whole support institution witters second neither case program issue provide direct aid schoolwide basis chapter found distinction based genuinely independent private choices allocated different types aid tax deductions university scholarship money amount substantial support university see mueller supra witters supra departure principle regan easily explained isolated holding surrounded otherwise unbroken adherence principle long regan continued find distinction like bar substantial aid important consideration see zobrest supra agostini cf witters supra discussing rule direct subsidy weight plurality places regan thus much bear see ante moreover apparent object regan concern vindicating principle aid fixed secular content permissible distinguishing divertible testing aid levitt regan citing wolman supra cf levitt plurality provides explanation continued reference principle aid subsequent cases zobrest agostini finds trustworthy guides elsewhere discussion first amendment see ante plurality explain places much weight regan apparent departure rule ignores regan core reasoning testing aid permissible direct contrast levitt aid divertible read plurality question prohibition substantial aid plurality challenges rule based proportion aid program provides religious recipients citing witters agostini see ante reject plurality reasoning plurality misreads witters justice marshall writing witters emphasized small amount aid provided religious institutions controlling majority rejected importance fact plurality also overreads agostini supra simply declined adopt rule based proportionality moreover regardless whether proportion aid actually provided religious schools relevant never questioned holding meek substantial aid religious schools prohibited adopting plurality rule permit practically government aid religion long supplied terms ostensibly comparable terms aid provided nonreligious recipients principle constitutional sufficiency manipulability rule breathtaking legislature merely need state secular objective order legalize massive aid religions one religion even one sect largess directed easy exercise crafting facially neutral terms offer aid favoring religious group short formally replacing establishment clause dependable key public fisc cleaner break prior law difficult imagine indeed opportunity individual choose religious school receive government aid least one respondents seeks see brief respondents litigation discovery opinions focused almost exclusively aid roman catholic schools consequently confine discussion information course concerns raised government aid religious schools faiths found similar missions religious education religious teachers teaching religiously jefferson parish chapter program included nonpublic schools religiously affiliated roman catholic seven others religiously affiliated five religiously affiliated app pet cert trial judge found roman catholic schools question operate general supervision authority archbishop new orleans parish pastors located next parish churches sometimes rectory convent schools include religious symbols classrooms app require attendance daily religion classes conduct sacramental preparation classes schoolday require attendance mass provide extracurricular religious activities least exercise religious preference accepting students charging tuition app pet cert district found mission roman catholic schools religious education based archdiocese individual schools published statements philosophy example anthony school handbook cited district reads catholic education intended make men faith become living conscious active light instruction catholic school unique setting within ideal realized lives catholic children young people school experience learning living fully integrated light faith instruction religious truth values integral part school program one subject along side rest instead perceived functions underlying reality student experiences learning living achieve coherence deepest meaning ibid handbook policies regulations elementary schools archdiocese new orleans indicates operation roman catholic schools governed canon law also lists major objectives schools follows work closely home educating children towards fullness christian life specifically teach catholic principles christian values mission statements objectives outlined roman catholic schools also support conclusion institutions primary objective religious instruction see also app archdiocese official policy calls religious preferences hiring contracts principals teachers schools contain provision allowing termination lifestyle contrary teachings roman catholic church app pet cert one objectives handbook encourage teachers become committed christians develop professional competence record evidence supports conclusion religious schoolteachers teach religiously see app deposition president sectarian high school teachers whether religion teachers certainly instructed issues come classroom religious moral value concept answers consistent teachings catholic church respond way students opportunities classes religion discussion religio take place yes sir government reliance department education guidance title vi elementary secondary education act misplaced see app brief secretary education place discovery closed matter merely highlights reasons lack evidence diversion compliance plurality applies inconsistent standards evidence although plurality finds limited evidence actual diversion sufficient support general finding diversion computer instructional materials context even face justice objections fails find violation prohibition providing aid religious content based stark undisputed evidence religious books compare ante nn ante matter precedent correct evidentiary standard clearly former ny use public funds promote religious doctrines violates establishment clause bowen concurring never found actual diversion allowed risk struck policies might permit tilton remanded specific factual findings whether diversion occurred bowen supra see supra matter principle low threshold required safeguard values first amendment madison words make clear even small infringement prohibition compelled aid religion odious freedom conscience less open door threat corruption return religious conflict since divertibility diversion require finding unconstitutionality explore grounds beyond noting likelihood unconstitutional supplantation occurred well record demonstrates chapter aid impermissibly relieved religious schools costs otherwise borne unconstitutionally supplanted support budgetary categories record affidavits evaluation forms religious school teachers officials indicates chapter aid significant development teaching curriculums introduction new programs support old ones app evidence shows concept supplementing instead supplanting poorly understood sole government official administering program apparently believed bar supplanting nothing prohibition paying replacements equipment religious schools previously purchased government officials admitted way determine whether payments materials equipment books assistance provided program reduced amount money budgeted library educational equipment monitoring report shows officials least one religious school admitted government aid used create library school regular funds occasionally available used merely supplement government money fine deposition use records audiovisual materials one religious high school revealed chapter funds essential school educational process different school already noted used chapter computer support computer network computers failed record sparse incidents suggest constitutional statutory prohibition supplanting expenses may largely aspirational seems program jefferson parish violated statute ran afoul constitution cf nyquist zobrest indeed one group amici curiae consists religious educational leaders broad range eastern western religious traditions methodist jewish adventist individuals including church administrators administrators religious elementary secondary school systems elementary secondary school teachers religious schools pastors laity serve church school boards identifies members broad experience teaching administering pervasively sectarian schools brief interfaith religious liberty foundation et al amici curiae one respondents describes committed member roman catholic church objects government providing benefits parish school seen chilling effect entangling government aid religious mission schools run church brief respondents member church years six children attended different jefferson parish catholic run schools brief baptist joint committee public affairs amicus curiae brief interfaith religious liberty foundation et al amici curiae brief national committee public education et al amici curiae think worthwhile comment length example plurality clear misunderstanding cases lamb chapel widmar vincent decisions prohibited governments discriminating distribution public benefits based religious status sincerity ante decided completely different narrowly limited grounds worthwhile engage extended discussion goal preventing courts trol person institution religious beliefs ante calls less aid commingling government religion tolerance effects