texas monthly bullock argued november decided february october october texas statute exempted sales use taxes eriodicals published distributed religious faith consist ing wholly writings promulgating teachings faith books consist ing wholly writings sacred religious faith appellant publisher general interest magazine entitled exemption paid protest sales taxes price qualifying subscription sales sued recover payments state ruling exclusive exemption religious periodicals promoted religion violation establishment clause first amendment made applicable fourteenth amendment declaring without power rewrite statute make religious periodicals subject tax struck tax applied nonreligious periodicals ordered state refund tax paid appellant plus interest state appeals reversed holding exemption satisfied tripartite test lemon kurtzman served secular purpose preserving separation church state primary effect advancing inhibiting religion produce impermissible government entanglement religion held judgment reversed case remanded reversed remanded justice brennan joined justice marshall justice stevens concluded appellant standing challenge exemption state contention appellant show suffered threatened redressable injury misguided since effectively impermissibly insulate underinclusive statute constitutional challenge merit state argument appellant obtain tax refund declare exemption invalid since proper course state law remove exemption rather extend nonreligious periodicals strike tax entirety decide upon correct response matter state law finding unconstitutionality moreover claim appellant qualify injunctive relief subscription sales longer taxed amendment tax statute irrelevant since live controversy persists appellant right refund plus interest state strip appellant standing changing law taking money pp exemption lacks sufficient breadth pass scrutiny establishment clause fact subsidy incidentally benefits religious groups deprive secular purpose effect mandated clause long conferred wide array nonsectarian groups well religious organizations pursuit legitimate secular end however government directs subsidy exclusively religious organizations required free exercise clause first amendment either burdens nonbeneficiaries markedly reasonably seen removing significant deterrent free exercise religion viewed anything impermissible state sponsorship religion particularly subsidy targeted writings promulgate teachings religious faiths confines exclusively religious publications texas exemption lacks secular objective justify preference along similar benefits nonreligious publications groups nevertheless texas free widen exemption long class exempt organizations sufficiently expansive consonant legitimate secular purpose pp neither free exercise clause establishment clause prevents texas withdrawing current exemption religious publications chooses expand promote legitimate secular aim pp state claim persuasively exemption compelled free exercise clause even single instance let alone every case since adduced evidence payment sales tax subscribers religious periodicals purchasers religious books offend religious beliefs inhibit religious activity moreover even members religious group succeeded demonstrating payment sales tax less plausibly sales tax applied printed matter violate religious tenets means obvious state required clause make individualized exceptions since limitation religious liberty may justified showing essential accomplish overriding governmental interest suggestion members major religious denomination principal beneficiaries exemption demonstrate infringement free exercise rights sufficiently serious overcome state countervailing interest collecting sales tax pp establishment clause mandate exemption since requiring public officials determine whether message activity consistent teachings faith exemption appears face produce greater state entanglement religion denial exemption although compliance government regulations religious organizations monitoring compliance government agencies enmesh operation church state degree compliance generally impede evangelical activities religious groups moreover routine factual inquiries commonly associated enforcement tax laws bear resemblance kind government surveillance previously held pose intolerable risk entanglement pp murdock pennsylvania follett mccormick bar texas imposing general sales tax religious publications extent murdock follett held flat license occupation tax designed commercial salesmen constitutionally imposed religious missionaries whose principal work preaching occasionally sell religious tracts small sums activity deemed central particular faith tax burden far negligible decisions plainly consistent present decision texas sales tax neither occupation tax levied missionaries flat tax restrains advance free exercise religion poses little danger stamping missionary work involving sale religious publications equal small fraction value sale payable buyer hardly viewed covert attempt curtail religious activity view generality however extent unnecessarily broad language murdock follett might read suggest sale religious publications may never taxed dicta must rejected subsequent decisions make clear even denial tax benefits inevitably substantial impact religious groups refusal grant benefits offend free exercise clause prevent groups observing religious tenets common circumstances exemplified case taxes regulations subject religious organizations undue burdens government far weightier interest uniform application pp justice white concluded arkansas writers project ragland directly applicable proper basis reversing judgment since texas law issue violates press clause first amendment taxing appellant exempting publishers solely basis religious content publications pp justice blackmun joined justice concluded extent free exercise clause requires tax exemption sale religious literature religious organization need decided since case resolved narrow ground exemption one issue limited religious organizations sales religious literature violates establishment clause regardless whether follett mccormick murdock pennsylvania prohibit taxing sale religious literature texas statute engages preferential support communication religious messages offends basic understanding establishment clause pp roger james george argued cause appellant briefs john harmon pamela stanton baron harriet burke assistant attorney general texas argued cause appellees brief jim mattox attorney general mary keller first assistant attorney general lou mccreary executive assistant attorney general briefs amici curiae urging reversal filed american booksellers association maxwell lillienstein american civil liberties union et al james harrington steven shapiro john powell magazine publishers america eli minton james cregan justice brennan announced judgment delivered opinion justice marshall justice stevens join texas exempts sales tax eriodicals published distributed religious faith consist wholly writings promulgating teaching faith books consist wholly writings sacred religious faith tex tax code ann question presented whether exemption violates establishment clause free press clause first amendment state denies like exemption publications hold confined exclusively publications advancing tenets religious faith exemption runs afoul establishment clause accordingly need reach question whether contravenes free press clause well prior october texas exempted sales use tax magazine subscriptions running half year longer entered second class mail tex tax code ann exemption repealed october reinstated effective october tex tax code ann supp throughout period texas continued exempt sales use tax periodicals published distributed religious faith consisting entirely writings promulgating teaching faith along books consisting solely writings sacred religious faith tex tax code ann appellant texas monthly publishes general interest magazine name appellant religious faith magazine contain articles promulgating teaching religious faith thus required period collect remit state applicable sales tax price qualifying subscription sales tex tax code ann supp appellant paid sales taxes protest sued recover payments state district travis county texas ruled exclusive exemption religious periodicals basis promotion religion prohibited reason establishment clause app juris statement also found exemption unconstitutional discriminated basis content publications presumably violation free press clause declaring without power rewrite statute make religious periodicals subject tax struck tax applied nonreligious periodicals ordered state refund amount tax texas monthly paid plus interest appeals third judicial district texas reversed vote applying tripartite test enunciated lemon kurtzman held first exemption served secular purpose preserving separation church state second asserted exemption primary effect advancing inhibiting religion effect religious tax exemptions permit religious organizations independent government support sanction considered irrelevant exemption extend nonprofit secular publications neutrality toward religion effected grant exemption religious periodicals remained unaffected provision denial similar exemption nonreligious publications finally concluded exemption produce impermissible government entanglement religion rather scrutinize publication publisher sought exemption conformity statute terms found comptroller office merely required group applying exemption demonstrate religious organization satisfactory showing made comptroller office later reassess group status religious organization allowed group determine without review state publications promulgated teaching faith exemption administered minimize state entanglement religion thought consistent lemon third prong addition rejected texas monthly claim exemption violated free press clause discriminated among publications basis content read decision arkansas writers project ragland preclude taxes imposed solely press targeted small group within press texas exemption encompassed minority publications leaving bulk subscription sales subject tax reasoned escaped strictures free press clause interpreted noted probable jurisdiction reverse ii preliminary matter texas argues appellant lacks standing challenge constitutionality exemption claims declare exemption invalid proper course state law remove exemption religious publications rather extend nonreligious periodicals strike sales use tax entirety texas right appellant obtain refund tax paid protest qualify injunctive relief subscription sales longer taxed hence texas contends appellant show suffered threatened redressable injury declared standing valley forge christian college americans separation church state state contention misguided arkansas writers project supra rejected similar argument effectively insulate underinclusive statutes constitutional challenge proposition soundly rejected orr orr us decide whether correct response matter state law finding state tax exemption unconstitutional eliminate exemption curtail broaden invalidate tax altogether make difference contrary state suggestion texas monthly seeks refund prospective relief appellant arkansas writers project live controversy persists texas monthly right recover paid plus interest texas strip appellant standing changing law taking money iii proscribing laws respecting establishment religion constitution prohibits least legislation constitutes endorsement one another set religious beliefs religion generally part settled jurisprudence establishment clause prohibits government abandoning secular purposes order put imprimatur one religion religion favor adherents sect religious organization gillette see school dist grand rapids ball wallace jaffree welsh harlan concurring result epperson arkansas abington school dist schempp torcaso watkins everson board education ewing core notion animating requirement statute possess secular legislative purpose principal primary effect one neither advances inhibits religion lemon kurtzman government may overtly hostile religion also may place prestige coercive authority resources behind single religious faith behind religious belief general compelling nonadherents support practices proselytizing favored religious organizations conveying message contribute gladly less full members community follow course government policies secular objectives may incidentally benefit religion nonsectarian aims government interests religious groups often overlap never required public authorities refrain implementing reasonable measures advance legitimate secular goals merely thereby relieve religious groups costs otherwise incur see mueller allen required legislative categories make explicit reference religion see wallace jaffree supra concurring judgment endorsement test preclude government acknowledging religion taking religion account making law policy lynch donnelly brennan dissenting government need resign ineffectual diffidence exaggerated fears contagion religion long neither intrudes unduly affairs thus widmar vincent held state university makes facilities available registered student groups may deny equal access registered student group desiring use facilities religious worship discussion although religious groups benefit access university facilities state university may discriminate based content speech university need ban student group meetings campus order avoid providing assistance religion similarly mueller allen supra upheld state income tax deduction cost tuition transportation nonreligious textbooks paid taxpayer benefit dependent sure deduction aided parochial schools parents whose children attended well nonsectarian private schools pupils parents conclude however subsidy deprived law overriding secular purpose effect case nearly point walz tax new york city sustained property tax exemption applied religious properties less real estate owned wide array nonprofit organizations despite sizable tax savings accorded religious groups cases however emphasized benefits derived religious organizations flowed large number nonreligious groups well indeed benefits confined religious organizations appeared state sponsorship religion hesitated strike lacking secular purpose effect see school dist grand rapids ball supra invalidating educational programs private schools beneficiaries religious schools estate thornton caldor finding violative establishment clause statute providing sabbath observers unconditional right work chosen sabbath widmar vincent noted open forum public university betray state approval religion long forum available broad class nonreligious well religious speakers provision benefits broad spectrum groups said important index secular effect ibid concluded primary effect open forum advance religion least absence empirical evidence religious groups dominate likewise mueller allen deemed particularly significant deduction available educational expenses incurred parents including whose children attend public schools whose children attend nonsectarian private schools sectarian private schools finally emphasized walz granting property tax deduction state singled one particular church religious group even churches rather granted exemption houses religious worship within broad class property owned nonprofit corporations include hospitals libraries playgrounds scientific professional historical patriotic groups breadth new york property tax exemption essential holding aimed establishing sponsoring supporting religion rather possessed legitimate secular purpose effect contributing community moral intellectual diversity encouraging private groups undertake projects advanced community otherwise funded tax revenues left undone moreover scheme designed inject religious activity nonreligious context case school prayers particular activity religious organization example propagation beliefs specially promoted exemptions brennan concurring justice harlan observed extent religious institutions sponsor secular activities legislation designed promote consistent neutrality grant exemption organizations devoting resources projects receive exemptions long breadth exemption includes groups pursue cultural moral spiritual improvement multifarious secular ways including suppose groups whose avowed tenets may antitheological atheistic agnostic see lack neutrality extending benefit exemption organized religious groups separate opinion omitted expansive class exempt organizations activities must withstand constitutional assault depends upon state secular aim granting tax exemption state chose subsidize means tax exemption groups contributed community cultural intellectual moral betterment exemption religious publications retained provided exemption swept widely property tax exemption upheld walz contrast texas sought promote reflection discussion questions ultimate value contours good meaningful life tax exemption available extended range associations whose publications substantially devoted matters exemption reserved publications dealing solely religious issues let alone restricted publications advocating rather criticizing religious belief activity without signaling endorsement religion offensive principles informing establishment clause see estate thornton caldor concurring statute bestows advantage sabbath observers without according similar accommodation ethical religious beliefs practices private employees message conveyed one endorsement particular religious belief detriment share statute therefore effect advancing religion withstand establishment clause scrutiny welsh harlan concurring result conscientious objector status limited whose opposition war religious roots must extend whose convictions purely moral philosophical sources responsibility specify permissible secular objectives state pursue justify tax exemption religious periodicals charge rests texas legislature task texas courts rather ensure scheme exemptions adopted legislature purpose effect sponsoring certain religious tenets religious belief general justice harlan remarked must survey meticulously circumstances governmental categories eliminate religious gerrymanders particular case critical question whether circumference legislation encircles class broad fairly concluded religious institutions thought fall within natural perimeter walz separate opinion texas sales tax exemption periodicals promulgating teaching religious sect lacks secular objective justify preference along similar benefits nonreligious publications groups effectively endorses religious belief exemption manifestly fails test iv defense sales tax exemption religious publications texas claims compelling interest avoiding violations free exercise establishment clauses exemption serves end without exemption texas contends sales tax might trammel free exercise rights flat license tax struck applied proselytizing jehovah witnesses murdock pennsylvania addition texas argues exemption religious publications neither advances inhibits religion required establishment clause elimination entangle church state greater degree exemption reject parts argument although texas may widen exemption consonant legitimate secular purpose nothing decisions free exercise clause prevents state eliminating altogether exemption religious publications virtually free exercise clause require exemption governmental program unless minimum inclusion program actually burdens claimant freedom exercise religious rights tony susan alamo foundation secretary labor citations omitted case state adduced evidence payment sales tax subscribers religious periodicals purchasers religious books offend religious beliefs inhibit religious activity state therefore claim persuasively tax exemption compelled free exercise clause even single instance let alone every case concrete need accommodate religious activity shown moreover even members religious group succeeded demonstrating payment sales tax less plausibly sales tax applied printed matter violate religious tenets means obvious state required free exercise clause make individualized exceptions lee ruled unanimously federal government need exempt amish employer payment social security taxes notwithstanding recognition compliance offend religious beliefs noted ot burdens religion unconstitutional held state may justify limitation religious liberty showing essential accomplish overriding governmental interest although balancing test set forth lee must performed basis state interest uniform collection sales tax appears comparable federal government interest uniform collection social security taxes mandatory exemptions free exercise clause arguably difficult prove one suggested members major religious denominations principal beneficiaries texas tax exemption demonstrate infringement free exercise rights sufficiently serious overcome state countervailing interest collecting sales tax texas claim establishment clause mandates least favors sales tax exemption religious periodicals equally unconvincing exemption seem blatant endorsement religion appears face produce greater state entanglement religion denial exemption justice stevens noted exists overriding interest keeping government whether legislature courts business evaluating relative merits differing religious claims risk governmental approval disapproval others perceived favoring one religion another important risk establishment clause designed preclude concurring judgment see bob jones university prospect inconsistent treatment government embroilment controversies religious doctrine seems especially baleful case texas sales tax exemption statute requires public officials determine whether message activity consistent teaching faith see jones wolf serbian eastern orthodox diocese milivojevich presbyterian church mary elizabeth blue hull memorial presbyterian church texas correct pointing compliance government regulations religious organizations monitoring compliance government agencies enmesh operations church state degree found compliance generally impede evangelical activities religious groups routine factual inquiries commonly associated enforcement tax laws bear resemblance kind government surveillance previously held pose intolerable risk government entanglement religion tony susan alamo foundation secretary labor record us neither free exercise clause establishment clause prevents texas withdrawing current exemption religious publications chooses expand promote legitimate secular aim conclusion today admittedly tension unnecessarily sweeping statements murdock pennsylvania follett mccormick extent language opinions inconsistent decision based evolution thinking religion clauses last years disavow murdock ruled city impose flat license tax payable persons canvassing soliciting orders goods paintings pictures wares merchandise kind jehovah witnesses went door door distributing literature soliciting people purchase certain religious books pamphlets follett ruled similarly jehovah witness went house house distributing certain books exempt free exercise clause payment flat business occupation tax booksellers cases majority stated sale religious pamphlets itinerant evangelists form preaching murdock supra follett supra imposing license occupation tax preacher tantamount exacting tax privilege delivering sermon murdock acknowledged imposing income property tax preachers unconstitutional ibid emphasized however flat license occupation tax poses greater threat free exercise religion taxes levied collected condition pursuit activities whose enjoyment guaranteed first amendment thus restrains advance constitutional liberties inevitably tends suppress exercise see follett supra one accepts majority characterization critical issues murdock follett decisions easily compatible holding striking application town ordinance jehovah witnesses follett ordinance found material respects one whose application restricted murdock declared single narrow question presented whether flat license tax applied one earns livelihood evangelist preacher home town constitutional regarding follett light must agree quite different case merchant sells books stand road ibid doubt first amendment prevents federal government imposing special occupation tax exclusively devote days spreading religious messages moreover questionable whether consistent free exercise clause government may exact facially neutral license fee designed commercial salesmen religious missionaries whose principal work preaching occasionally sell religious tracts small sums long fee nominal one imposed regulatory measure calculated defray expense protecting streets home abuses solicitors murdock supra case equal treatment commercial religious solicitation might result unconstitutional imposition religious activity warranting judicial relief particularly activity deemed central given faith found form proselytizing murdock follett tax burden far negligible insofar holdings murdock follett limited points plainly consistent decision today sales tax texas imposes occupation tax levied religious missionaries flat tax restrains advance free exercise religion contrary tax equal small fraction value sale payable buyer poses little danger stamping missionary work involving sale religious publications view generality hardly viewed covert attempt curtail religious activity therefore see inconsistency former decisions present holding extent opinions murdock follett might read however suggest federal government may never tax sale religious publications reject dicta intervening decisions make clear even denial tax benefits inevitably substantial impact religious groups refusal grant benefits offend free exercise clause prevent groups observing religious tenets bob jones university murdock follett application flat license occupation tax jehovah witnesses arguably prevent adherents sect acting accordance central religious beliefs absence overriding government interest denying exemption much common circumstances exemplified case however taxes regulations subject religious organizations undue burdens government interest uniform application far weightier hence bar texas imposing general sales tax religious publications conclude texas sales tax exemption religious publications violates first amendment made applicable fourteenth amendment accordingly judgment texas appeals reversed case remanded proceedings ordered footnotes establishment clause infringed government makes adherence religion relevant person standing political community direct government action endorsing religion particular religious practice invalid approach sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community lynch donnelly concurring view lemon inquiry purpose effect statute requires courts examine whether government purpose endorse religion whether statute actually conveys message endorsement although found unnecessary justify tax exemption social welfare services good works churches perform parishioners others walz tax way intimated exemption valid applied property religious groups lacked permissible secular objective rather concluded state might reasonably determined religious groups generally contribute cultural moral improvement community perform useful social services enhance desirable pluralism viewpoint enterprise host nonprofit organizations qualified exemption set organizations defined secular objectives large saw need inquire secular benefits provided religious groups sought avail exemption addition noted inquiry particular contributions religious group introduce element governmental evaluation standards worth particular social welfare programs thus producing kind continuing relationship policy neutrality seeks minimize ibid therefore upheld state classification religious organizations among socially beneficial associations whose activities desired foster state defined class subsidized activities narrowly encompass charitable works example searching scrutiny necessary notwithstanding greater intermingling government religion likely result cf opinion harlan bob jones university dissent accusation distorted misdescribed holding walz post simply mistaken expressly stated walz legislative purpose new york property tax exemption accommodate religion rather new york common determined certain entities exist harmonious relationship community large foster moral mental improvement inhibited activities property taxation hazard loss properties nonpayment taxes churches found reasonably classified among diverse array nonprofit groups promoted end churches along numerous groups produced public benefits approved exemption property tax said quite plainly state affirmative policy considers groups beneficial stabilizing influences community life finds classification useful desirable public interest qualification tax exemption perpetual immutable groups lose status activities take outside classification new entities come qualify exemption although concurring opinions walz amplified point opinion relied well determining tax exemption possessed valid secular purpose reading walz means novel indeed accepted understanding holding walz almost years gillette said neutrality matters religion inconsistent benevolence way exemptions onerous duties walz tax long exemption tailored broadly enough reflects valid secular purposes read walz stand proposition committee public education religious liberty nyquist without intimating whether factor alone might controlling significance another context future case noted breadth exemption religious groups unquestionably important factor assessing constitutionality opinion today builds established precedents repudiate fact texas grants sales tax exemptions sales food agricultural items property used manufacture articles ultimate sale different purposes rescue exemption religious periodicals invalidation crucial subsidy afforded religious organizations warranted overarching secular purpose justifies like benefits nonreligious groups evidence record texas argue brief exemption religious periodicals grounded secular legislative policy motivated similar tax breaks nonreligious activities certainly appears exemption intended benefit religion alone property tax exemption sustained walz tax new york city extend large number nonreligious organizations ostensibly served expressly articulated secular objective religious groups reasonably thought advance well also failed single religious proselytizing activity deserving public assistance texas sales use tax provides model exemption frees inter alia organizations created religious educational charitable purposes payment sales use tax items purchase rent consume tex tax code ann view provision special exemption publications carrying religious messages suggests even strongly state sponsorship religion light holding need address texas monthly contention sales tax exemption also violates free press clause interpreted arkansas writers project ragland contrary dissent claims post way suggest benefits conferred exclusively upon religious groups upon individuals account religious beliefs forbidden establishment clause unless mandated free exercise clause decisions zorach clauson corporation presiding bishop church jesus christ saints amos offer two examples similarly air force provided sufficiently broad exemption dress requirements servicemen whose religious faiths commanded wear certain headgear attire see goldman weinberger exemption presumably invalid establishment clause even though found required free exercise clause cases however involve legislative exemptions impose substantial burdens nonbeneficiaries allowing others act according religious beliefs designed alleviate government intrusions might significantly deter adherents particular faith conduct protected free exercise clause new york city decision release students public schools might obtain religious instruction elsewhere upheld zorach found coerce students wished remain behind alter religious beliefs impose monetary costs parents taxpayers opposed indifferent religious instruction given students released hypothetical air force uniform exemption also place monetary burden required conform dress code subject appreciable privation application title vii exemption religious organizations approved corporation presiding bishop though adverse effect holding seeking employment organizations taxpayers generally prevented potentially serious encroachments protected religious freedoms texas tax exemption contrast remove demonstrated possibly grave imposition religious activity sheltered free exercise clause moreover burdens nonbeneficiaries increasing tax bills whatever amount needed offset benefit bestowed subscribers religious publications fact exemptions long standing shield strictures establishment clause said walz tax one acquires vested protected right violation constitution long use even span time covers entire national existence indeed predates trial texas supervisor sales tax policy testified comptroller office fact heed statutory command grant exemptions publications promulgated teaching particular faith instead office allowed religious publishers distributors determine whether publications qualified exemption app although approach undoubtedly reduced degree state entanglement religious affairs resulted strict application statute attach great significance current administrative practice practice embodied regulation corresponding statutory exemption repeats almost verbatim words statute tex admin code moreover odds plain statutory language appear open future administrators subject content religious publications exacting scrutiny murdock pennsylvania noted adventist missionaries sold religious literature proselytizing door door manner akin jehovah witnesses earned average per month half permitted keep order pay traveling living expenses license fee whose application challenged murdock amounted one day one week two weeks three weeks towns permitted levy fees itinerant preachers whose average earnings totaled per month income taxes sales religious literature merely incidental primary evangelical mission easily throttle missionary work adventist spent day different town pay fees course month income even afford necessary licenses let alone support met legal obligations example murdock supra wrote constitutional rights spreading religious beliefs spoken printed word gauged standards governing retailers wholesalers books right use press expressing one views measured protection afforded commercial handbills freedom speech freedom press freedom religion available merely pay way view passage suggests nothing commercial speech different footing constitutional purposes types speech reading bar taxes might impede dissemination printed messages commercial advertisements go well beyond language passage difficult reconcile approval income property taxes levied preachers presumably political pamphleteers literary authors event reject broad reading whether intended passage bear meaning thus noted murdock supra proselytizing done jehovah witnesses evangelical revival meeting occupies high estate first amendment worship churches preaching pulpits emphasized dissemination views manner adventitious jehovah witnesses primary beliefs rather regarded duty imposed god part city defended tax legitimate levy commercial activity apparently never contended exceptions religious evangelists cause administrative difficulties produce excessive state entanglement religion justice white concurring judgment texas law issue discriminates basis content publications provides eriodicals consist wholly writings promulgating teaching religious faith exempted burdens sales tax law tex tax code ann thus content publication determines whether publisher exempt nonexempt appellant subject tax publications message carry plainly forbidden press clause first amendment arkansas writers project ragland recent decision effect directly applicable proper basis reversing judgment justice blackmun justice joins concurring judgment texas statute issue touches upon values underlie three different clauses first amendment free exercise clause establishment clause press clause indicated number opinions issued case today harmonizing several values easy task free exercise clause value suggests state may impose tax spreading gospel see follett mccormick murdock pennsylvania establishment clause value suggests state may give tax break spread gospel also give others actively might advocate disbelief religion see torcaso watkins everson board education ewing press clause value suggests state may tax sale publications others based content absent compelling reason see arkansas writers project ragland perhaps fairly easy reconcile free exercise press clause values free exercise clause suggests state may tax sale religious literature religious organization fact alone give state compelling reason exclude category sales otherwise general sales tax respect agree generally justice scalia says part ii dissenting opinion find difficult reconcile case free exercise establishment clause values free exercise clause suggests special exemption religious books required establishment clause suggests special exemption religious books forbidden tension mandated prohibited religious exemptions well recognized see walz tax new york city course identifying problem resolve justice brennan opinion part iv resolve tension free exercise establishment clause values simply subordinating free exercise value even seems expense longstanding precedents see ante repudiating follett murdock extent inconsistent newfound proposition state generally may tax sale bible church justice scalia opinion conversely subordinate establishment clause value position seems runs afoul previously settled notion government may favor religious belief disbelief see wallace jaffree welsh harlan concurring result epperson arkansas abington school district schempp torcaso watkins perhaps vain desire like decide present case without necessarily sacrificing either free exercise clause value establishment clause value possible state write statute consistent values example state statute might exempt sale religious literature distributed religious organization also philosophical literature distributed nonreligious organizations devoted matters conscience life death good evil nonbeing right wrong statute moreover survive press clause scrutiny exemption narrowly tailored meet compelling interests underlie free exercise establishment clauses recognize possible reconciliation competing first amendment considerations one thing impose upon state legislative choice something else justice scalia rightly points post free exercise establishment clauses often appear like scylla charybdis leaving state little room maneuver press clause adds yet third hazard state safe passage legislative waters concerning taxation books journals judiciary must wary interpreting three constitutional clauses manner negates legislative role altogether believe avoid difficulties narrow resolution case us need decide today extent free exercise clause requires tax exemption sale religious literature religious organization words defining ultimate scope follett murdock may left another day need decide whether tax exemption limited sale religious literature religious organizations violates establishment clause conclude case confining tax exemption exclusively sale religious publications texas engaged preferential support communication religious messages although forms accommodating religion constitutionally permissible see corporation presiding bishop church jesus christ saints amos one surely statutory preference dissemination religious ideas offends basic understanding establishment clause hence constitutionally intolerable see wallace jaffree concurring judgment epperson arkansas accordingly whether follett murdock prohibit taxing sale religious literature establishment clause prohibits tax exemption limited sale religious literature cf estate thornton caldor establishment clause prohibits statute grants employees unqualified right work sabbath hobbie unemployment appeals consistent caldor free exercise clause prohibits denying unemployment compensation employees refuse work sabbath oral argument appellees suggested statute issue exempted taxation sale atheistic literature distributed atheistic organization tr oral arg true statute might survive establishment clause scrutiny well free exercise press clause scrutiny appellees quick concede argument record contains nothing support facially implausible interpretation statute ibid thus constrained construe texas statute exempting religious literature alone concur holding contravenes establishment clause remanding case proceedings inconsistent holding justice scalia chief justice justice kennedy join dissenting judicial demolition project today decision impressive machinery employed opinions justice brennan justice blackmun substantial antinomy accommodation religion may required permitted bold unsupportable assertion given realities text declaration independence national thanksgiving day proclaimed every president since lincoln inscriptions coins words pledge allegiance invocation sessions opened come think discriminatory protection freedom religion constitution government may convey message endorsement religion frail equipment topples exemption religious publications sort expressly appears laws least sales use taxes maine texas idaho new jersey practice similar exemption may well exist even since today case law suggested permissible perhaps required see follett mccormick murdock pennsylvania expect example even without express exemptions many churches many tax assessors thought sales taxes inapplicable religious literature typically offered sale church foyers one expands inquiry sales taxes items publications types taxes property income amusement motor vehicle taxes likewise affected today holding accomplishment even impressive least provide exemptions religious groups without analogous exemptions types nonprofit institutions half century federal internal revenue code allowed minister gospel term interpreted broadly enough include cantors rabbis exclude gross income rental value parsonages see also revenue act ch stat short religious tax exemptions type invalidates today permeate state federal codes done many years dissent find basis text constitution decisions traditions people disapproving longstanding widespread practice opinions justice brennan justice blackmun proceed though matter first impression nineteen years ago walz tax new york city considered rejected establishment clause challenge relevant respects identical since today opinions barely acknowledge decision case opposed separate concurrences justices brennan harlan requires discussion walz involved new york city grant tax exemptions pursuant state statute provision state constitution religious organizations religious properties used solely religious worship upholding exemption conducted analysis contains substance test adopted following term lemon kurtzman first concluded legislative purpose property tax exemption neither advancement inhibition religion reached conclusion past cases historical record established property tax exemption constitutes reasonable balanced attempt guard latent dangers government hostility religion drew distinction unlawful intent favor religion lawful intent accommodat public service people spiritual needs quoting zorach clauson found latter involved sparing exercise religion burden property taxation levied private profit institutions concluded exemption primary effect sponsoring religious activity noted although tax exemptions may economic effect state subsidies establishment clause purposes indirect economic benefit significantly different grant tax exemption sponsorship since government transfer part revenue churches simply abstains demanding church support state genuine nexus tax exemption establishment religion tax exemptions general subsidies however qualitatively different though provide economic assistance fundamentally different ways subsidy involves direct transfer public monies subsidized enterprise uses resources exacted taxpayers whole exemption hand involves transfer omitted third held new york exemption produce unacceptable government entanglement religion fact quite contrary since exemptions avoided tax liens tax foreclosures direct confrontations conflicts follow train legal processes found elimination increase government involvement religious institutions see also brennan concurring realistically said termination religious tax exemptions quantitatively lessen extent state involvement religion recognized walz exemption religion various taxes existed without challenge law national government framing first amendment religion clauses achieved undeviating acceptance throughout history nation concepts said deeply embedded fabric national life beginning colonial times government exercise least kind benevolent neutrality toward churches religious exercise generally long none favored others none suffered interference see also brennan concurring noting undeviating acceptance given religious tax exemptions earliest days nation apparent discussion walz reaffirmed numerous occasions last two decades corporation presiding bishop church jesus christ saints amos utterly dispositive establishment clause claim us invalidates texas tax code distorting holding case radically altering establishment clause jurisprudence case represents justice brennan explains away walz asserting breadth new york property tax exemption essential holding aimed establishing sponsoring supporting religion ante quoting walz plausible reading opinion outset discussion concerning permissibility legislative purpose walz discuss fact new york tax exemption applied religions certain nonprofit groups including hospitals libraries playgrounds scientific professional historical patriotic groups finding valid legislative purpose rested upon however upon direct proposition exemption constitutes reasonable balanced attempt guard latent dangers governmental hostility towards religion inherent imposition property taxes ibid venerable federal legislation cited support holding legislation exempted religion along things legislation exempted religion alone see ch stat remitting duties paid importation plates printing bibles ch stat remitting duties paid importation church vestments furniture paintings ch stat remitting duties paid importation church bells moreover intended rely upon breadth coverage rationale identify characteristic rationally placed religion within policy category institutions justice brennan concurring opinion walz conducted analysis finding new york exemption permissible religions like types nonprofit organizations exempted contribute community variety nonreligious ways incomprehensibly uniquely contribute pluralism american society religious activities say incomprehensibly favor religion unique contribution favor religion religion justice harlan opinion conducted similar analysis finding new york statute defined class nontaxable entities whose common denominator nonprofit pursuit activities devoted cultural moral improvement good works performing certain social services community might otherwise assumed government opinion walz however failed conduct analysis seemingly reply concurrences explicitly categorically disavowed reliance upon concluding discussion legislative purpose paragraph begins follows find unnecessary justify tax exemption social welfare services good works churches perform parishioners others compared today rewriting walz concluded state might reasonably determined religious groups generally contribute cultural moral improvement community perform useful social services enhance desirable pluralism viewpoint enterprise host nonprofit organizations qualified exemption ante marvellously accurate description justices brennan harlan believed specifically rejected approve exemption charities happened benefit religion approved exemption religion exemption religion today opinions go beyond misdescribing walz however repudiating walz fact approved achieve revolution establishment clause jurisprudence effectively overruling cases based walz accommodation religion rationale according justice brennan opinion law constitutional whose benefits confined religious organizations ante except course laws unconstitutional unless contain benefits confined religious organizations see ante see also justice blackmun opinion ante jurisprudence affords support unlikely proposition walz one long line cases recognized government may sometimes must accommodate religious practices may without violating establishment clause hobbie unemployment appeals see mcconnell accommodation religion rev cases sherbert verner wisconsin yoder thomas review bd ind employment security hobbie unemployment appeals supra held free exercise clause first amendment required religious beliefs accommodated granting exemptions otherwise applicable laws often made clear however limits permissible state accommodation religion means coextensive noninterference mandated free exercise clause walz see also hobbie supra gillette braunfeld brown plurality opinion wallace jaffree concurring applied accommodation principle permit special treatment religion required free exercise clause zorach clauson found constitutional objection new york city program permitting public school children absent one hour week religious observance education outside school grounds applied principle two terms ago corporation presiding bishop citing zorach walz upheld section civil rights act exempting religious groups religious groups title vii antidiscrimination provisions found permissible legislative purpose alleviate significant governmental interference ability religious organizations define carry religious missions specifically rejected district conclusion identical majority endorses today invalidity followed fact exemption singles religious entities benefit rather benefiting broad grouping religious organizations part stated never indicated statutes give special consideration religious groups per se invalid discussed earlier principle permissible accommodation applied walz novelty today holding obscured justice brennan citation description many cases breadth coverage relevant first amendment determination see ante breadth coverage essential constitutionality whenever law benefiting religious activity sought defended specifically exclusively intentional reasonable accommodation religion merely incidental consequence seeking benefit activity achieves particular secular goal different rationale commonly invoked accommodation religion cases show preclusive accommodation religion justification definition religion singled confusion rationales explains facility justice brennan opinion portray present statute violating first prong lemon test usually described requiring secular legislative purpose lemon entirely accurate description governing rule lemon cases government aid religious institutions sought justified ground religion per se object assistance rather secular functions religious institutions along institutions provide noted earlier substance lemon test purpose effect entanglement first roughly set forth walz context accommodation religion context purpose said valid long neither advancement inhibition religion neither sponsorship hostility course rather reformulating lemon test accommodation cases text lemon statutory enactment one might instead simply describe protection free exercise concerns maintenance necessary neutrality secular purpose effect since purpose effect approved indeed degree mandated constitution however reconciliation lemon terminology achieved cases make plain permissible state act purpose effect limiting governmental interference exercise religion corporation presiding bishop always easy determine accommodation slides promotion neutrality favoritism withholding tax upon dissemination religious materials even close case subjects exemption us consist exclusively writings promulgating teaching faith writings sacred religious faith close question whether exemption permitted whether constitutionally compelled order avoid interference dissemination religious ideas gillette murdock pennsylvania held unconstitutional apply municipal license tax solicitation sellers religious books pamphlets one term later follett mccormick held unconstitutional apply persons municipal license tax gents selling books cases readily distinguishable justice brennan suggests doubt whether made difference contends municipalities attempted achieve result burdening religious activity sales tax rather license tax surely distinction trivializes holdings basis distinction proposes persons taxed cases religious missionaries whose principal work preaching simply available respect first part statute issue happens portion upon petitioner placed exclusive reliance unlike texas exemption sacred books face least applies sales exemption periodicals applies material consist wholly writings promulgating teaching religious faith also published distributed faith surely material distributed missionaries unless one wishes trivialize earlier cases whether missionaries hardly make difference fact conduct proselytizing mail church store instead willing acknowledge however murdock follett narrowly distinguishable follows facile conclusion therefore state compelling interest avoiding violations free exercise establishment clauses ante thus exemption invalid analysis yet another expression justice brennan repudiation accommodation principle described earlier consists recognition limits permissible state accommodation religion means noninterference mandated free exercise clause walz saying required allowed justice brennan completely block already narrow channel scylla free exercise clause demands charybdis establishment clause forbids state federal action must pass order survive constitutional scrutiny thomas rehnquist dissenting proper lesson drawn narrow distinguishing murdock follett quite different exemption comes close constitutionally required accommodation doubt least permissible one although justice brennan opinion places almost entire reliance upon purpose prong lemon alludes briefly second prong well finding impermissible effect sponsoring certain religious tenets religious belief general ante walz stands stark opposition assertion may useful explain quite obviously sales tax exemption aids religion since makes less costly religions disseminate beliefs cf murdock supra never enough strike enactment establishment clause law unconstitutional simply allows churches advance religion purpose corporation presiding bishop supra emphasis original consistently rejected argument program manner aids institution religious affiliation violates establishment clause mueller allen quoting hunt mcnair sure set face subsidizing religion contexts suggested tax exemptions subsidies equivalent bob jones university regan taxation representation treated equivalent however establishment clause context good reason case direct subsidy state forcibly diverts income believers nonbelievers churches case exemption state merely refrains diverting uses income independently generated churches voluntary contributions giannella religious liberty nonestablishment doctrinal development harv rev walz pointed primary effect tax exemption sponsor religious activity restric fiscal relationship church state complement reinforce desired separation insulating see also brennan concurring finally least persuasively justice brennan suggests violates excessive government entanglement aspect lemon ante plain exemption foster sort comprehensive discriminating continuing state surveillance necessary run afoul test state excessively involve religious affairs merely examining material determine whether religious secular nature mueller allen supra meek pittenger upholding loans nonreligious textbooks religious schools board education central school dist allen mueller instance held state officials examination textbooks determine whether books materials used teaching religious tenets doctrines worship constitute excessive entanglement see material distinction inquiry one texas officials must make case moreover walz see certain elimination exemption effect increasing government involvement religion invalidation ensures texas churches selling publications promulgate religion subject numerous statutory regulatory impositions including audits tex tax code ann supp requirements filing security et reporting requirements et writs attachment without bond tax liens seizure sale property satisfy tax delinquencies ii found statute violate establishment clause first amendment must consider whether violates press clause pursuant decision two terms ago arkansas writers project ragland although dissented ragland even accepting correct conclude readily justice white ante applies tax exemption issue ragland held unconstitutional content based applied trade publications sports magazines along religious periodicals sacred writings hence justified accommodation religion purpose accommodating religion support action might otherwise violate establishment clause see reason also support action might otherwise violate press clause speech clause hold otherwise narrow accommodation principle enormously leaving applicable nonexpressive religious worship think law constitution sometimes requires accommodation religious expression despite establishment clause also speech press clauses also sometimes permits accommodation despite clauses accommodation unavoidably content based freedom religion clause content based absurd think state chooses prohibit booksellers making stories seduction available children tender years make exception stories contained sacred writings story susanna two elders daniel beyond imagination sort tax exemption permitted indeed required murdock follett withdrawn salesmen commercial magazines demanded equal treatment adventists press clause grounds impossible believe state constitutionally prohibited taxing texas monthly magazine heavily holy bible alaska delaware montana new hampshire oregon state sales taxes see code supp exempting use tax religious magazines publications stat supp exempting sales use tax sale distribution religious publications bibles hymn books prayer books religious material code ann supp exempting sales tax religious newspapers owned operated religious institutions exempting sales tax sales holy bibles testaments similar books commonly recognized holy scripture idaho code supp exempting sales use tax sale religious literature pamphlets periodicals tracts books published sold bona fide church religious denomination rev stat tit exempting sales tax ales bible also books literature used established churches religion prayer md ann code art exempting sales tax sales bona fide church religious organization mass laws exempting sales tax books used religious worship stat ann west exempting sales tax receipts sales bible similar sacred scripture stat exempting sales tax holy bibles cent code exempting sales tax bibles hymnals textbooks prayerbooks sold religious organizations stat tit purdon supp exempting sales tax sale retail use religious publications bibles laws hh supp exempting sales tax canonized scriptures religious organizations including limited old testament new testament versions code supp exempting sales use tax sales religious publications including holy bible code ann exempting sales use tax sales religious publications churches tex tax code ann exempting sales tax religious periodicals sacred books see addition supra code supp exempting property tax libraries ministers gospel religious books kept sale ministers gospel colporteurs alaska stat ann exempting property tax residence bishop pastor priest rabbi minister rev stat ann supp exempting transaction privilege tax projects bona fide religious institutions ark code ann supp extending property tax exemption religious charitable institutions religious recreational centers centers parsonages cal rev tax code ann west exempting sales tax meals food products furnished served religious institution rev stat establishing special property tax exemption first valuation parsonage stat exempting personal property tax personal property connecticut religious organization used religious charitable purposes exempting property tax homes clergymen owned religious organizations code exempting property tax pastoral residences exempting property tax bishops residences code ann supp exempting property tax residences pastors owned religious organizations haw rev stat supp exempting liquor tax spirits sold used sacramental purposes haw rev stat exempting property tax parsonages idaho code supp exempting sales tax sales meals churches rev ch exempting property tax parsonages bishops residences ind code exempting property tax parsonages stat ann exempting sales tax sale religious organization tangible personal property acquired resale const exempting property tax parsonages la rev stat ann west excluding state income tax rental income parsonage minister gospel md ann code art exempting sales tax sales food religious organizations mass laws eleventh exempting local property tax parsonages official residences religious officials comp laws ii supp exempting sales tax sales vehicles used primarily transportation persons religious purposes comp laws exempting property tax parsonages miss code ann supp exempting amusement tax programs composed entirely gospel singing generally mixed hillbilly popular singing exempting property tax homes minister gospel mo rev stat exempting use tax motor vehicles owned used religious organizations transfer students religious schools mont code ann exempting property tax residences clergy neb rev stat supp exempting sales tax occasional sales organization created exclusively religious purposes ii exempting sales tax meals served church church function rev stat exempting property tax parsonages rev stat ann iii exempting property tax church parsonages rev stat ann vi supp exempting religious organizations reporting requirements nonprofit institutions stat ann west exempting property tax residences district supervisors religious organizations stat ann exempting receipts tax receipts minister religious organization religious services real prop tax law mckinney exempting property tax property held trust clergymen exempting property tax residences officiating clergymen cent code supp exempting property tax dwellings bishops priests rectors ministers okla tit supp exempting sales tax sales meals made churches laws supp exempting property tax residences clergymen codified laws supp exempting beverage tax sacramental wine tex tax code ann supp exempting property tax dwellings religious clergy stat tit exempting property tax parsonages ministers code supp exempting property tax vehicles owned churches used church purposes exempting sales tax property purchased churches use religious services congregation rev code exempting licensing requirements wine used sacramental purposes rev code exempting property tax parsonages code exempting property tax parsonages stat exempting property tax housing pastors wyo stat vii supp exempting property tax church parsonages