lemon kurtzman argued march decided june together earley et al dicenso et robinson commissioner education rhode island et al dicenso et appeal district district rhode island rhode island salary supplement act provides salary supplement paid teachers nonpublic schools average expenditure secular education average public schools eligible teachers must teach courses offered public schools using materials used public schools must agree teach courses religion found state elementary students attended nonpublic schools attended roman catholic affiliated schools date teachers roman catholic schools sole beneficiaries act found parochial school system integral part religious mission catholic church held act fostered excessive entanglement government religion thus violating establishment clause pennsylvania nonpublic elementary secondary education act passed authorizes state superintendent public instruction purchase certain secular educational services nonpublic schools directly reimbursing schools solely teachers salaries textbooks instructional materials reimbursement restricted courses specific secular subjects textbooks materials must approved superintendent payment made course containing subject matter expressing religious teaching morals forms worship sect contracts made schools students state affiliated roman catholic church complaint challenging constitutionality act alleged schools controlled religious organizations purpose propagating promoting particular religious faith conduct operations fulfill purpose granted state motion dismiss complaint failure state claim relief finding violation establishment free exercise clause held statutes unconstitutional religion clauses first amendment cumulative impact entire relationship arising statutes involves excessive entanglement government religion pp entanglement rhode island program arises religious activity purpose schools especially respect children impressionable age primary grades dangers teacher religious control discipline poses separation religious purely secular aspects elementary education schools factors require continuing state surveillance ensure statutory restrictions obeyed first amendment otherwise respected furthermore act government must inspect school records determine part expenditures attributable secular education opposed religious activity event nonpublic school expenditures per pupil exceed comparable figures public schools pp entanglement pennsylvania program also arises restrictions surveillance necessary ensure teachers play strictly nonideological role state supervision nonpublic school accounting procedures required establish cost secular distinguished religious education addition pennsylvania statute defect providing continuing financial aid directly schools historically governmental control surveillance measures tend follow cash grant programs government power inspect financial records schools creates intimate continuing relationship church state pp political division along religious lines one evils first amendment aimed programs successive probably permanent annual appropriations benefit relatively religious groups involved political fragmentation divisiveness religious lines likely intensified pp unlike tax exemption places religious worship upheld walz tax commission based practice years innovative programs propensities provide warning signal entanglement government religion pp burger delivered opinion black douglas harlan stewart marshall nos blackmun joined douglas filed concurring opinion post black joined marshall nos joined filing separate statement post brennan filed concurring opinion post white filed opinion concurring judgment dissenting nos post marshall took part consideration decision henry sawyer iii argued cause filed briefs appellants edward bennett williams argued cause appellants brief jeremiah collins richard mcmahon charles cottam argued cause appellants brief herbert desimone attorney general rhode island slater allen assistant attorney general shane creamer argued cause appellees kurtzman et al brief fred speaker attorney general pennsylvania david rutstein deputy attorney general edward friedman william ball argued cause appellee schools brief joseph skelly james gallagher clark hodgson samuel rappaport donald semisch william valente henry reath filed brief appellee pennsylvania association independent schools leo pfeffer milton stanzler argued cause appellees nos brief harold adams allan shine briefs amici curiae urging reversal filed pfeffer american association school administrators et al henry clausen americans public schools samuel rabinove arnold forster george soll joseph robison paul hartman sol rabkin american jewish committee et al franklin salisbury protestants americans separation church state harold flannery center law education harvard university et al peter costas paul orth connecticut state conference branches naacp et al briefs amici curiae urging affirmance filed acting solicitor general friedman assistant attorney general ruckelshaus robert zener donald horowitz paul brown attorney general ohio pro se charles lopeman first assistant attorney general attorney general ohio et al levy anderson city philadelphia robert landis school district philadelphia city pittsburgh bruce kauffman john elliott edward mannino city erie james kelly school district city scranton charles whelan william consedine alfred scanlan arthur sutherland harmon burns national catholic educational association et al ethan hitchcock stokes national association independent schools jerome gerber pennsylvania state thomas ford edward walsh theodore hoffmann long island conference religious elementary secondary school administrators nathan lewin national jewish commission law public affairs stuart hubbell citizens educational freedom edward koza walter hill thomas balaban william pinkowski polish american congress et al national association laymen filed brief amicus curiae briefs amici curiae urging reversal nos filed acting solicitor general friedman assistant attorney general gray zener horowitz jesse choper consedine whelan burns national catholic educational association et al briefs amici curiae urging affirmance nos filed rabinove robison forster rabkin american jewish committee et al salisbury protestants americans separation church state flannery center law education harvard university et al costas orth connecticut state conference branches naacp et al chief justice burger delivered opinion two appeals raise questions pennsylvania rhode island statutes providing state aid elementary secondary schools statutes challenged violative establishment free exercise clauses first amendment due process clause fourteenth amendment pennsylvania adopted statutory program provides financial support nonpublic elementary secondary schools way reimbursement cost teachers salaries textbooks instructional materials specified secular subjects rhode island adopted statute state pays directly teachers nonpublic elementary schools supplement annual salary statute state aid given educational institutions hold statutes unconstitutional rhode island statute order eligible rhode island salary supplement recipient must teach nonpublic school average expenditure secular education less average state public schools specified period appellant state commissioner education also requires eligible schools submit financial data information indicates expenditure excess statutory limitation records school question must examined order assess much expenditure attributable secular education much religious activity act also requires teachers eligible salary supplements must teach subjects offered state public schools must use teaching materials used public schools finally teacher applying salary supplement must first agree writing teach course religion long time receives salary supplements act appellees citizens taxpayers rhode island brought suit rhode island salary supplement act declared unconstitutional operation enjoined ground violates establishment free exercise clauses first amendment appellants state officials charged administration act teachers eligible salary supplements act parents children elementary schools whose teachers receive state salary assistance federal convened pursuant found rhode island nonpublic elementary schools accommodated approximately state pupils pupils attended schools affiliated roman catholic church date teachers applied benefits act employed roman catholic schools held hearing extensive evidence introduced concerning nature secular instruction offered roman catholic schools whose teachers eligible salary assistance act although found concern religious values necessarily affect content secular subjects also found parochial school system integral part religious mission catholic church district concluded act violated establishment clause holding fostered excessive entanglement government religion addition two judges thought act impermissible effect giving significant aid religious enterprise supp affirm pennsylvania statute statute authorizes appellee state superintendent public instruction purchase specified secular educational services nonpublic schools contracts authorized statute state directly reimburses nonpublic schools solely actual expenditures teachers salaries textbooks instructional materials school seeking reimbursement must maintain prescribed accounting procedures identify separate cost secular educational service accounts subject state audit funds program originally derived new tax horse harness racing act financed portion state tax cigarettes several significant statutory restrictions state aid reimbursement limited courses presented curricula public schools limited solely courses following secular subjects mathematics modern foreign languages physical science physical education textbooks instructional materials included program must approved state superintendent public instruction finally statute prohibits reimbursement course contains subject matter expressing religious teaching morals forms worship sect act went effect july first reimbursement payments schools made september appears million expended annually act state entered contracts nonpublic elementary secondary schools student population pupils total number students state pupils attend schools schools affiliated roman catholic church appellants brought action district challenge constitutionality pennsylvania statute organizational associations persons resident pennsylvania declaring belief separation church state individual citizens taxpayers pennsylvania appellant lemon addition citizen taxpayer parent child attending public school pennsylvania lemon also alleges purchased ticket race track thus paid specific tax supports expenditures act appellees state officials responsibility administering act addition seven schools federal convened pursuant district held individual standing challenge act supp organizational denied standing flast cohen granted appellees motion dismiss complaint failure state claim relief supp held act violated neither establishment free exercise clause chief judge hastie dissenting reverse ii everson board education upheld state statute reimbursed parents parochial school children bus transportation expenses justice black writing majority suggested decision carried verge forbidden territory religion clauses candor compels acknowledgment moreover dimly perceive lines demarcation extraordinarily sensitive area constitutional law language religion clauses first amendment best opaque particularly compared portions amendment authors simply prohibit establishment state church state religion area history shows regarded important fraught great dangers instead commanded law respecting establishment religion law may one respecting forbidden objective falling short total realization law respecting proscribed result establishment religion always easily identifiable one violative clause given law might establish state religion nevertheless one respecting end sense step lead establishment hence offend first amendment absence precisely stated constitutional prohibitions must draw lines reference three main evils establishment clause intended afford protection sponsorship financial support active involvement sovereign religious activity walz tax commission every analysis area must begin consideration cumulative criteria developed many years three tests may gleaned cases first statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion board education allen finally statute must foster excessive government entanglement religion walz supra inquiry legislative purposes pennsylvania rhode island statutes affords basis conclusion legislative intent advance religion contrary statutes clearly state intended enhance quality secular education schools covered compulsory attendance laws reason believe legislatures meant anything else state always legitimate concern maintaining minimum standards schools allows operate allen find nothing undermines stated legislative intent must therefore accorded appropriate deference allen acknowledged secular religious teachings necessarily intertwined secular textbooks furnished students state fact instrumental teaching religion legislatures rhode island pennsylvania concluded secular religious education identifiable separable abstract quarrel conclusion two legislatures however also recognized elementary secondary schools significant religious mission substantial portion activities religiously oriented therefore sought create statutory restrictions designed guarantee separation secular religious educational functions ensure state financial aid supports former provisions precautions taken candid recognition programs approached even intrude upon forbidden areas religion clauses need decide whether legislative precautions restrict principal primary effect programs point offend religion clauses conclude cumulative impact entire relationship arising statutes state involves excessive entanglement government religion iii walz tax commission supra upheld state tax exemptions real property owned religious organizations used religious worship holding however tended confine rather enlarge area permissible state involvement religious institutions calling close scrutiny degree entanglement involved relationship objective prevent far possible intrusion either precincts prior holdings call total separation church state total separation possible absolute sense relationship government religious organizations inevitable zorach clauson sherbert verner harlan dissenting fire inspections building zoning regulations state requirements compulsory laws examples necessary permissible contacts indeed statutory exemption us walz state continuing burden ascertain exempt property fact used religious worship judicial caveats entanglement must recognize line separation far wall blurred indistinct variable barrier depending circumstances particular relationship suggest however engage legalistic minuet precise rules forms must govern true minuet matter pure form style observance substantive end examine form relationship light casts substance order determine whether government entanglement religion excessive must examine character purposes institutions benefited nature aid state provides resulting relationship government religious authority justice harlan separate opinion walz supra echoed classic warning programs whose nature apt entangle state details administration find statutes foster impermissible degree entanglement rhode island program church schools involved program located close parish churches understandably permits convenient access religious exercises since instruction faith morals part total educational process school buildings contain identifying religious symbols crosses exterior crucifixes religious paintings statues either classrooms hallways although approximately minutes day devoted direct religious instruction religiously oriented extracurricular activities approximately teachers schools nuns various religious orders dedicated efforts provide atmosphere religious instruction religious vocations natural proper parts life schools indeed district found role teaching nuns enhancing religious atmosphere led parochial school authorities attempt maintain ratio nuns lay teachers schools rather permit staffed almost entirely lay teachers basis findings district concluded parochial schools constituted integral part religious mission catholic church various characteristics schools make powerful vehicle transmitting catholic faith next generation process inculcating religious doctrine course enhanced impressionable age pupils primary schools particularly short parochial schools involve substantial religious activity purpose substantial religious character schools gives rise entangling relationships kind religion clauses sought avoid although district found concern religious values inevitably necessarily intrude content secular subjects considerable religious activities schools led legislature provide careful governmental controls surveillance state authorities order ensure state aid supports secular education dangers corresponding entanglements enhanced particular form aid rhode island act provides decisions everson allen permitted provide schools secular neutral nonideological services facilities materials bus transportation school lunches public health services secular textbooks supplied common students thought offend establishment clause note dissenters allen seemed chiefly concerned pragmatic difficulties involved ensuring truly secular content textbooks provided state expense allen refused make assumptions meager record religious content textbooks state asked provide however refuse recognize teachers substantially different ideological character books terms potential involving aspect faith morals secular subjects textbook content ascertainable teacher handling subject ignore danger teacher religious control discipline poses separation religious purely secular aspects education conflict functions inheres situation view record shows dangers present substantial degree rhode island roman catholic elementary schools general supervision bishop providence appointed representative diocesan superintendent schools cases individual parish however assumes ultimate financial responsibility school parish priest authorizing allocation parish funds two exceptions school principals nuns appointed either superintendent mother provincial order whose members staff school lay teachers constituted third teachers parochial elementary schools number growing first interviewed superintendent office school principal contracts signed parish priest retains discretion negotiating salary levels religious authority necessarily pervades school system schools governed standards set forth handbook school regulations force synodal law diocese emphasizes role importance teacher parochial schools prime factor success failure school spirit personality well professional competency teacher handbook also religious formation confined formal courses restricted single subject area finally handbook advises teachers stimulate interest religious vocations missionary work given mission church school instructions consistent logical several teachers testified however inject religion secular classes district found religious values necessarily affect content secular instruction recounted suggests potential actual hazards form state aid teacher employed religious organization subject direction discipline religious authorities works system dedicated rearing children particular faith controls lessened fact lay teachers catholic faith inevitably teacher responsibilities hover border secular religious orientation need assume teachers parochial schools guilty bad faith conscious design evade limitations imposed statute first amendment simply recognize dedicated religious person teaching school affiliated faith operated inculcate tenets inevitably experience great difficulty remaining religiously neutral doctrines faith inculcated advanced neutrals best intentions teacher find hard make total separation secular teaching religious doctrine appear essential good citizenship might well others border constitute instruction religion difficulties inherent combination religious discipline possibility disagreement teacher religious authorities meaning statutory restrictions assume however parochial school teachers unsuccessful attempts segregate religious beliefs secular educational responsibilities potential impermissible fostering religion present rhode island legislature provide state aid basis mere assumption secular teachers religious discipline avoid conflicts state must certain given religion clauses subsidized teachers inculcate religion indeed state undertaken ensure trespass occurs state therefore carefully conditioned aid pervasive restrictions eligible recipient must teach courses offered public schools use texts materials found public schools addition teacher must engage teaching course religion comprehensive discriminating continuing state surveillance inevitably required ensure restrictions obeyed first amendment otherwise respected unlike book teacher inspected determine extent intent personal beliefs subjective acceptance limitations imposed first amendment prophylactic contacts involve excessive enduring entanglement state church another area entanglement rhode island program gives concern statute excludes teachers employed nonpublic schools whose average expenditures secular education equal exceed comparable figures public schools event total expenditures otherwise eligible school exceed norm program requires government examine school records order determine much total expenditures attributable secular education much religious activity kind state inspection evaluation religious content religious organization fraught sort entanglement constitution forbids relationship pregnant dangers excessive government direction church schools hence churches noted hazards government supporting churches walz tax commission supra ignore danger pervasive modern governmental power ultimately intrude religion thus conflict religion clauses pennsylvania program noted earlier restrictions surveillance necessary ensure teachers play strictly nonideological role give rise entanglements church state pennsylvania statute like rhode island fosters kind relationship reimbursement limited courses offered public schools materials approved state officials statute excludes subject matter expressing religious teaching morals forms worship sect addition schools seeking reimbursement must maintain accounting procedures require state establish cost secular distinguished religious instruction pennsylvania statute moreover defect providing state financial aid directly school factor distinguishes everson allen cases careful point state aid provided student parents school board education allen supra everson board education supra walz tax commission supra warned dangers direct payments religious organizations obviously direct money subsidy relationship pregnant involvement governmental grant programs encompass sustained detailed administrative relationships enforcement statutory administrative standards iv broader base entanglement yet different character presented divisive political potential state programs community large number pupils served schools assumed state assistance entail considerable political activity partisans parochial schools understandably concerned rising costs sincerely dedicated religious secular educational missions schools inevitably champion cause promote political action achieve goals oppose state aid whether constitutional religious fiscal reasons inevitably respond employ usual political campaign techniques prevail candidates forced declare voters choose unrealistic ignore fact many people confronted issues kind find votes aligned faith ordinarily political debate division however vigorous even partisan normal healthy manifestations democratic system government political division along religious lines one principal evils first amendment intended protect freund comment public aid parochial schools harv rev potential divisiveness conflict threat normal political process walz tax commission supra separate opinion harlan see also board education allen harlan concurring abington school district schempp goldberg concurring communities divide issues presented state aid parochial schools tend confuse obscure issues great urgency expanding array vexing issues local national domestic international debate divide conflicts whole history tradition permit questions religion clauses assume importance legislatures elections divert attention myriad issues problems confront every level government highways church state relationships likely streets constitution authors sought protect religious worship pervasive power government history many countries attests hazards religion intruding political arena political power intruding legitimate free exercise religious belief course noted walz dherents particular faiths individual churches frequently take strong positions public issues walz tax commission supra expect otherwise religious values pervade fabric national life walz dealt status state tax laws benefit religious groups confronted successive likely permanent annual appropriations benefit relatively religious groups political fragmentation divisiveness religious lines thus likely intensified potential political divisiveness related religious belief practice aggravated two statutory programs need continuing annual appropriations likelihood larger larger demands costs populations grow rhode island district found parochial school system monumental deepening financial crisis inescapably require larger annual appropriations subsidizing greater percentages salaries lay teachers although facts developed respect pennsylvania case appears pressures expanding aid already required state legislature include portion state revenues cigarette taxes program walz argued tax exemption places religious worship prove first step inevitable progression leading establishment state churches state religion claim stand years virtually universal practice imbedded colonial experience continuing present progression argument however persuasive long history state aid educational institutions comparable years tax exemption churches indeed state programs us today represent something innovation already noted modern governmental programs propensities internal pressures enhanced schemes involve institutions whose legitimate needs growing whose interests substantial political support fail see constitutional adjudication steps taken thought approach verge become platform yet steps certain momentum develops constitutional theory downhill thrust easily set motion difficult retard stop development momentum invariably bad indeed way common law grown force recognized reckoned dangers increased difficulty perceiving advance exactly verge precipice lies well constituting independent evil religion clauses intended protect involvement entanglement government religion serves warning signal finally nothing said construed disparage role elementary secondary schools national life contribution enormous ignore economic plight period rising costs expanding need taxpayers generally spared vast sums maintenance educational institutions religious organizations largely gifts faithful adherents merit benefits schools however issue us cases sole question whether state aid schools squared dictates religion clauses system choice made government entirely excluded area religious instruction churches excluded affairs government constitution decrees religion must private matter individual family institutions private choice involvement entanglement inevitable lines must drawn judgment rhode island district affirmed judgment pennsylvania district reversed case remanded proceedings consistent opinion justice marshall took part consideration decision footnotes district found one instance breakdown religious secular expenses necessary school question affiliated catholic church found unlikely determinations necessary respect catholic schools heavy reliance nuns kept wage costs substantially public schools stat tit supp latin hebrew classical greek excluded also claimed act violated equal protection clause fourteenth amendment providing state assistance private institutions discriminated racial religious grounds admissions hiring policies unanimously held plaintiff standing raise claim complaint allege child plaintiff denied admission nonpublic school racial religious grounds decision makes unnecessary us reach issue see fichter parochial school sociological study giannella religious liberty nonestablishment doctrinal development pt ii nonestablishment principle harv rev justice douglas justice black joins concurring join opinion expressed length views rationale today decision three cases involve two different statutory schemes providing aid parochial schools lemon deals pennsylvania nonpublic elementary secondary education act laws act terms pennsylvania act allows state provide funds directly private schools purchase secular educational service teachers salaries textbooks educational materials stat tit supp reimbursement services may made courses mathematics modern foreign languages physical science physical education reimbursement prohibited course containing subject matter expressing religious teaching morals forms worship sect supp qualify school must demonstrate pupils achieve satisfactory level performance standardized tests approved superintendent public instruction textbooks instructional materials used courses approved superintendent public instruction district upheld statute argument violates establishment clause noted probable jurisdiction dicenso cases involve rhode island salary supplement act laws rhode island act authorizes supplementing salaries teachers secular subjects nonprofit private schools supplement eligible teacher current salary exceed maximum salary paid teachers state public schools eligible teacher must teach subjects offered public schools state must certified substantially manner teachers public schools may use teaching materials used public schools also teacher must agree writing teach course religion long time receives salary supplements laws ann supp schools must operated profit must meet state educational standards annual expenditure secular education must equal exceed average annual per student expenditure public schools state grade level second preceding fiscal year supp rhode island act unlike pennsylvania act provides direct payments teacher district found unconstitutional results excessive government entanglement religion probable jurisdiction noted cases set oral argument school cases walz tax commission approving tax exemption church property said determining legislative purpose tax exemption aimed establishing sponsoring supporting religion end inquiry however must also sure end result effect excessive government entanglement religion analysis constitutional objections two state systems grants parochial sectarian schools must start admitted obvious fact raison parochial schools propagation religious faith also teach secular subjects came existence country protestant groups perverting public schools using propagate faith catholics naturally rebelled schools used propagate particular creed religion catholic ideals also served hence advent parochial schools catholic parish schools times many today catholic parishes country church schools diocesan chancery school department enjoys primacy status parish schools indeed consume parish total income parish school centered school almost becomes reason early century protestants obtained control new york school system used promote reading teaching scriptures revealed king james version bible contests protestants catholics often erupting violence including burning catholic churches tale party included platform daily bible reading schools carried three massachusetts pennsylvania delaware parochial schools grew catholic schools alone dissenting sects established schools lutherans methodists presbyterians others major force shaping pattern education country conflict protestants catholics catholics logically argued public school sectarian taught king james version bible therefore wanted removed public schools time tried get public funds parochial schools constitutional right dissenters substitute parochial schools public schools sustained pierce society sisters story conflict dissension long well known result state equilibrium religious instruction eliminated public schools use public funds support religious schools deemed banned hydraulic pressures created political forces economic stress great began change situation laws passed state federal dispensed public funds sustain religious schools plea always educational frame reference education sectors needed languages calculus nuclear physics forcefully argued linguist mathematician physicist trained religious schools competent one trained secular schools gradually edged situation vast amounts public funds supplied year sectarian schools argument made private parochial school system takes billion year back government enough justify violating establishment clause evolution public school system country marked escape denominational control therefore admirable seen eyes think like madison jefferson disadvantages main one state system may attempt mold students alike according views dominant group discourage emergence individual idiosyncrasies sectarian education however remedy condition advantages sectarian education relate solely religious doctrinal matters give church opportunity indoctrinate creed delicately indirectly massively doctrinal courses many nations follow course moslem nations teach koran schools sweden vests elementary education parish newfoundland puts school system three superintendents one church england one catholic church one church ireland public schools denominational managership catholic episcopalian presbyterian hebrew england puts sectarian schools umbrella school system finances sectarian education exerts control prescribing standards requires free scholarships provides nondenominational membership board directors british system words one surveillance sectarian schools surveillance sectarian schools extent making sure minimum educational standards met competent teachers accreditation school diplomas number hours work credits allowed never faced recently problem policing sectarian schools surveillance date minor related consistently unchallenged matters accreditation sectarian school state school system rhode island act allows supplementary salary teacher sectarian school teach course religion pennsylvania act provides state financing instruction mathematics modern foreign languages physical science physical education provided instruction courses shall include subject matter expressing religious teaching morals forms worship sect public financial support parochial schools puts schools disabilities previously burdened held cooper aaron governmental activities relating schools must exercised consistently federal constitutional requirements concerned equal protection faced issues establishment religion free exercise concepts used first amendment governmental activity financing private school various limitations restraints imposed constitution state governments come play thus arkansas part attempt avoid consequences brown board education withdrew financial support public schools sent funds instead private schools state action held violate equal protection clause aaron mckinley supp affirmed sub nom faubus aaron louisiana tried like tactic invalidated poindexter louisiana financial assistance commission supp affirmed whatever might result case grants students clear one finances private school dutybound make certain school stays within secular bounds use public funds promote sectarian causes government may course finance hospital though run religious order provided open people races creeds bradfield roberts government enter hospital business course make difference agents ran hospitals catholics methodists agnostics whatnot hospital indulging religious instruction guidance indoctrination justice jackson said everson board education dissenting state great latitude deciding light conditions shall public purposes scheme things may socialize utilities economic enterprises make taxpayers business conventionally private business may make public business individual welfare health education entertainment security make public business religious worship instruction attendance religious institutions character authority force citizen contribute three pence property support one establishment may force conform establishment laws vast governmental suppression surveillance meddling church affairs indicated tilton richardson post decided day school prayers daily routine parochial schools must go decision engel vitale honored honored state established religious sect elimination prayers part problem curriculum presents subtle difficult problems constitutional mandate part carried censoring curricula palpably sectarian course marked deletion problem starts sectarian instruction course state may indulge take place course shakespeare one mathematics matter curriculum offers question taught deal evil teachers zealous ones may use opportunity indoctrinate class well known everything taught parochial schools taught ultimate goal religious education mind rev joseph fichter stated parochial school sociological study commonplace observation parochial school religion permeates whole curriculum confined single period day even arithmetic used instrument pious thoughts case teacher gave problem class takes forty thousand priests hundred forty thousand sisters care forty million catholics many priests sisters needed convert care hundred million problem looms large church controls hiring firing teachers public school selection faculty administration school usually rests school board subject election recall voters parochial school selection faculty administration school hands bishop alone usually administered local priest faculty member public school believes treated unjustly disciplined dismissed seek redress civil guaranteed hearing faculty member parochial school disciplined dismissed recourse whatsoever word bishop priest final even without explanation chooses tax payers voice way money used public school people support parochial school voice affairs boettner roman catholicism lemon involves state statute prescribes courses mathematics modern foreign languages physical science physical education shall include subject matter expressing religious teaching morals forms worship sect subtleties involved applying standard obvious places state astride sectarian school gives power dictate secular religious think disrupting influence apt promote rancor church state kind surveillance control opposite moderation harmony church state madison thought aim purpose establishment clause dicenso cases vices lemon supplementary salary payable teacher conditioned teaching course religion moreover dicenso cases reveal another related knotty problem presented church state launch one educational programs bishop rhode island handbook school regulations diocese providence school board supervises education spiritual secular parochial schools diocesan high schools superintendent agent bishop interprets makes effective state diocesan educational directives pastors visit schools give assistance promoting spiritual intellectual discipline community supervisors assist teacher problems instruction duties become well enough acquainted teachers communities able advise community superiors matters placement reassignment ii act liaison provincialate religious teacher school iii cooperate superintendent studying diocesan school regulations encourage teachers community observe regulations iv avoid giving orders directions teachers community may conflict diocesan regulations policy regarding curriculum testing textbooks method administrative matters refer questions concerning school administration beyond scope authority proper diocesan school authorities namely superintendent schools pastor full day session catholic schools elementary level consists five hours exclusive lunch mass inclusive recess pupils grades religious instruction provided follows systematic religious instructions must provided schools diocese modern catechetics requires teacher unusual aptitudes specialized training unction spirit words possess force personal call filled subject freely improvize discussion dramatization drawing song prayer teacher gifted permeated message gospel rare perhaps teacher given school attains ideal teachers come nearer others pupils hear good news minds enlightened hearts respond love god christ formed vital christians receive religious instructions best teachers inasmuch textbooks employed religious instruction fifth grade require high degree catechetical preparation religion departmentalized subject grade six twelve religious formation restricted courses achieved example faculty tone school religious activities retreats days recollection form integral part religious program catholic schools although wealth never serve criterion accepting pupil catholic school things equal seem fair give preference child whose parents support parish regular use budget rather size contributions appear equitable indicates whether parents regularly attend mass government closed eyes manner grants actually used allowing public funds promote sectarian education close eyes undertook surveillance needed fear intermeddle parochial affairs way breed rancor dissension announced use taxpayers money support parochial schools violates first amendment applicable virtue fourteenth said unequivocal words everson board education tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion reiterated idea zorach clauson mcgowan maryland torcaso watkins repeated idea mccollum board education added state public schools used dissemination religious doctrines state provide church pupils religious classes use state compulsory public school machinery yet spite long consistent history courage announce state may nonetheless finance secular part sectarian school educational program however makes grave constitutional decision turn merely cost accounting bookkeeping entries history class literature class science class parochial school separate institute part organic whole state subsidizes funds used cases pay help pay salaries teachers parochial schools presence teachers critical essential purpose parochial school advance religious endeavors particular church matters teacher receiving taxpayers money teaches religion fraction time matter teaches religion school organism living one budget taxpayers give salaries teach humanities science without trace proselytizing enables school use funds religious training judge coffin said supp blind realities let sophisticated bookkeeping sanction almost total subsidy religious institution assigning bulk institution expenses secular activities sophisticated attempts avoid constitution invalid ones lane wilson view taxpayers forced contribution parochial schools present cases violates first amendment justice marshall took part consideration decision see ante intimating view continuing vitality everson board education concurs justice douglas opinion covering nos stokes pfeffer church state ibid deedy catholic schools survive new republic mar pp ibid stokes pfeffer supra ibid butts american tradition religion education see finney brief history american public school see knight education rev ed cubberley public education et seq federal government provided million private colleges universities amounts contributed state local governments private schools level negligible one decade later federal aid private colleges universities grown billion state aid begun reached million statistical abstract present cases demonstrate reaching point state aid given private elementary secondary schools well colleges universities deedy supra curtis history education great britain ed alexander education england ii ed see pierce society sisters meyer nebraska grants students context problems desegregated public schools without exception stricken tools forbidden discrimination see griffin school bd prince edward county hall helena parish school supp aff lee macon county supp aff sub nom wallace poindexter louisiana financial assistance commission supp aff brown south carolina state supp aff coffey state educ finance commission supp lee macon county supp remonstrance memorial remonstrance religious assessments reproduced appendices opinion rutledge everson douglas walz remonstrance parochial schools roman catholic indoctrination included every subject history literature geography civics science given roman catholic slant whole education child filled propaganda course purpose schools reason going work expense maintaining dual school system purpose much educate indoctrinate train teach scripture truths americanism make loyal roman catholics children regimented told wear think boettner roman catholicism said oral argument handbook shown exhibit record superseded provisions hereinafter quoted handbook reads deletions referred use school time participate holy sacrifice mass feasts saints ascension patronal saint parish school well hours devotion proper commendable justice brennan agree judgments nos must affirmed view judgment must reversed outright dissent insofar plurality opinion opinion brother white sustain constitutionality applied sectarian institutions federal higher education facilities act amended stat et seq ed supp view act unconstitutional insofar authorizes grants federal tax monies sectarian institutions unconstitutional extent therefore think remand case limited direction hearing determine whether four institutional appellees sectarian institutions continue adhere view give concrete meaning establishment clause line must draw permissible impermissible one accords history faithfully reflects understanding founding fathers line consistently sought mark decisions expounding religious guarantees first amendment framers meant foreclose decisions establishment clause forbidden involvements religious secular institutions serve essentially religious activities religious institutions employ organs government essentially religious purposes use essentially religious means serve governmental ends secular means suffice secular religious institutions become involved manner inhere relationship precisely dangers much church state framers feared subvert religious liberty strength system secular government abington school district schempp concurring opinion walz tax commission concurring opinion statutory schemes us however features present either everson allen schemes example reimbursement loan books ended government involvement everson allen contrast schemes exacts promise form subsidy used finance courses religious subjects promises must policed assure compliance although federal subsidy similar everson allen subsidies available public nonpublic colleges universities rhode island pennsylvania subsidies restricted nonpublic schools practical purposes roman catholic parochial schools features shall mention mean everson allen control cases rather history public subsidy sectarian schools purposes operation particular statutes must examined determine whether statutes breach establishment clause walz tax commission supra concurring opinion sharp contrast undeviating acceptance given religious tax exemptions earliest days nation subsidy sectarian educational institutions became embroiled bitter controversies soon nation formed public education course virtually nonexistent constitution adopted colonial massachusetts directed towns establish schools benjamin franklin proposed philadelphia academy jefferson labored establish public school system virginia exceptions education colonies overwhelmingly private enterprise usually carried denominational activity dominant protestant sects point fact government generally looked church provide education often contributed support donations land money cubberley public education substantial change years immediately following ratification constitution bill rights schools continued local main denominational institutions demand public education soon emerged evolution struggle new york city illustrative first new york state legislature ordered one section township set aside gospel schools public schools various private agencies churches operated charity schools poor new york city received money state common school fund forerunner city public schools organized dewitt clinton founded society establishment free school city new york education poor children belong provided religious society state city aided society built many schools gradually however competition bickering among free school society various church schools developed apportionment state school funds result legislature transferred city council responsibility distributing new york city share state funds council stopped funding religious societies operated sectarian schools continued supporting schools connected protestant orphan asylum society thereafter catholic orphan asylum society demanded received public funds operate schools request methodists funds purpose denied nine years later catholics enlarged request public monies include parochial schools contending council subsidizing sectarian books instruction public school society clinton free school society become city scotch presbyterian jewish communities immediately followed requests funds finance schools although public school society undertook revise texts meet objections state legislature closed bitter controversy enacting law established city board education set free public schools prohibited distribution public funds sectarian schools prohibited teaching sectarian doctrine public school nation rapidly developing religious heterogeneity tide jacksonian democracy growing urbanization soon led widespread demands throughout secular public education time strong opposition developed use taxing powers support private sectarian schools although controversy religious exercises public schools continued century schempp brennan concurring opponents subsidy sectarian schools largely fight fact efforts sectarian schools obtain share public school funds succeeded cubberley supra added provisions constitutions prohibiting use public school funds aid sectarian schools added similar provisions fact state admitted union except west virginia omitted provision first constitution ibid today fewer omit provisions constitutions congress included appropriation act district columbia statement declaring policy government make appropriation money property purpose founding maintaining aiding payment services expenses otherwise church religious denomination institution society sectarian ecclesiastical control stat ii rhode island statute requires roman catholic teachers surrender right teach religion courses promise inject religious teaching secular courses led least one teacher stop praying classes concrete testimonial inevitably accompanies state regulation delicate first amendment freedoms cf smith california speiser randall rhode island pennsylvania statutes prescribe extensive standardization content secular courses teaching materials textbooks used teaching courses regulations implement requirements necessarily require policing instruction schools picture state inspectors prowling halls parochial schools auditing classroom instruction surely raises imagined specter governmental secularization creed dangers attend federal subsidy even less obviously federal government exacts promise sectarian instruction religious worship take place subsidized building office education polices promise one instance federal officials demanded college cease teaching course entitled history methodism federally assisted building although establishment clause plainly foreclose teaching holy scriptures differences religious sects classes literature history schempp brennan concurring examples illustrate complete incompatibility surveillance restraints barring interference religious freedom policing content courses specific textbooks used indeed words teachers far different legitimate policing carried state compulsory attendance laws laws regulating minimum levels educational achievement government legitimate interest ensuring certain minimum skill levels acquisition certain knowledge carry power prescribe shall taught methods instruction shall used opinions teacher may offer course teaching moreover sectarian institution accepts state financial aid becomes obligated equal protection clause fourteenth amendment discriminate admissions policies faculty selection district rhode island case pinpointed dilemma applying standards parochial schools might well restrict ability discriminate admissions policies hiring firing teachers point school becomes public purposes church wish point church may justifiably feel victory establishment clause meant abandonment free exercise clause citations omitted iii event believe elimination aspects close proximity save three statutes expressed view walz eneral subsidies religious activities course constitute impermissible state involvement religion concurring opinion think subsidies statutes fall outside eneral subsidies religious activities merely restricted support teaching secular subjects walz passive aspect benefits conferred tax exemption particularly since cessation exemptions might easily lead impermissible involvements conflicts led conclude exemptions consistent first amendment values however contrasted direct government subsidies 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 assists exempted enterprise passively relieving privately funded venture burden paying taxes words case direct subsidy state forcibly diverts income believers nonbelievers churches case exemption state merely refrains diverting uses income independently generated churches voluntary contributions thus symbolism tax exemption significant manifestation organized religion expected support state token state expected support church footnotes citations omitted concurring opinion turning decisions argument based important recall history subsidies sectarian schools see part supra universality state constitutional provisions forbidding grants well weight judicial authority disapproving aid violation tradition separation church state reflects judgment grants indeed constitute impermissible aid religion see nn supra recurrent argument consistently rejected past government grants sectarian schools viewed impermissible subsidies schools relieve state burden otherwise required bear render service state performing duty educating children people cook county chicago industrial school nonetheless argued cases sectarian schools universities perform two separable functions first provide secular education second teach tenets particular sect since state determined secular education provided sectarian schools serves legitimate state interest education citizens contended state aid solely secular education function involve state aid religion pierce society sisters board education allen supra relied support argument opinion allen recognized sectarian schools provide secular sectarian education long recognized religious schools pursue two goals religious instruction secular education leading case pierce society sisters held oregon shown interest secular education required children attend publicly operated schools premise holding view state interest education served sufficiently reliance secular teaching accompanied religious training schools maintained society sisters continued willingness rely private school systems including parochial systems strongly suggests wide segment informed opinion legislative otherwise found schools acceptable job providing secular education students judgment evidence parochial schools performing addition sectarian function task secular education board education allen omitted secular educational process occurs public sectarian schools allen held state provide secular textbooks use process students public sectarian schools course state provide textbooks giving religious instruction since textbooks involved allen least theory limited secular education aid sectarian instruction involved important since textbooks allen previously provided parents schools aid institution involved rather case bus transportation everson general program providing children state free secular textbooks assisted parents schooling children everson undoubtedly possibility parents might able exercise constitutional right send children parochial school parents compelled pay textbooks however brother black wrote everson utting church schools general services separate indisputably marked religious function make far difficult schools operate obviously purpose first amendment amendment requires state neutral relations groups religious believers require state adversary state power used handicap religions favor district dicenso case found varied aspects parochial school program nature faculty supervision decor program extracurricular activities assemblies courses etc produced intangible religious atmosphere since diocesan school system integral part religious mission catholic church powerful vehicle transmitting catholic faith next generation quality teaching secular subjects integral part religious enterprise good secular teaching essential religious mission parochial schools roof school desks classrooms teaching separated environment occurs integration religious mission theory strength religious school common ingredient three prongs test set forth outset opinion whether statutes involve government essentially religious activities religious institutions analysis operation purposes effects statutes leads inescapably conclusion impermissibly involve federal government essentially religious activities sectarian educational institutions specifically reasons stated think government uses essentially religious means serve governmental ends secular means suffice nation long ago committed primary reliance upon publicly supported public education serve important goals secular education religious diversity gave strong impetus commitment american experiment free public education available children guided large measure dramatic evolution religious diversity among population public schools serve public schools supported entirely communities public funds funds exacted parents alone hold particular religious views indeed subscribe creed implicit history character american public education public schools serve uniquely public function training american citizens atmosphere free parochial divisive separatist influences sort atmosphere children may assimilate heritage common american groups religions heritage neither theistic atheistic simply civic patriotic schempp citation omitted brennan concurring iv plurality treatment issues tilton diverges substantially add comments believe establishment clause forbids federal government provide funds sectarian universities propagation advancement particular religion function purpose institution since district made findings whether four institutional appellees sectarian remand case district directions determine whether institutional appellees sectarian institutions reach conclusion reasons stated necessarily deep involvement government religious activities institution policing restrictions fact subsidies tax monies directly sectarian institution necessarily aid proselytizing function institution plurality argues neither dangers present risk repetition emphasize sectarian university equivalent realm higher education catholic elementary schools rhode island educational institution propagation advancement particular religion primary function institution believe construction grants sectarian institution permissible reason religion permeates secular education provided rather secular education provided within environment religion institution dedicated two goals secular education religious instruction aid flows directly institution functions benefit plurality examine activities occur within federally assisted building ignore religious nature school part religious enterprise aided construction grants involves maintenance educational environment includes purely secular educational courses within religious instruction occurs variety ways plurality also argues impermissible entanglement exists brother white cogently comments upon argument federal program tilton case embroiled difficulties rhode island program never adequately explained post see significant difference federal government telling sectarian university teach nonsecular subjects certain building rhode island telling catholic school teacher teach religion vice creation subsidy relationship government polices teaching practices religious school university plurality suggests facts college students less impressionable college courses less susceptible religious permeation may lessen need federal policing record shows policing occurred occurred way given dangers situation agree dangers entanglement insubstantial finally plurality suggests nonideological nature building contrasted teacher reduces need policing federal government imposes restrictions every class taught federally assisted building therefore nonideological building policed rather courses given teachers teach thus policing precisely state statutes offends constitution therefore agree two state statutes focus primarily providing public funds sectarian schools unconstitutional however federal statute general program construction grants colleges universities including sectarian institutions since believe statute extension eligibility sectarian institutions severable broad general program authorized hold higher education facilities act unconstitutional insofar authorized grants federal tax monies sectarian institutions institutions purpose function propagate advance particular religion therefore district determines four institutional appellees sectarian view enjoin appellees making grants opinion also applies tilton et al richardson secretary health education welfare et post time trial elementary school children private schools rhode island attended roman catholic schools nonpublic school teachers receive subsidy taught schools average expenditure secular education equal exceed average state public schools lay teachers employed rhode island roman catholic schools applied declared eligible subsidy receive teacher must state teaching certificate teach exclusively secular subjects taught state public schools use teaching materials approved use public schools teach religion promise writing teach course religion receiving salary supplement unlike rhode island case pennsylvania case lacks factual record since complaint dismissed motion must therefore decide constitutional challenge addressed face pennsylvania statute appellants allege nonpublic schools segregated pennsylvania race religion act perpetrates promotes segregation races ultimate result promoting two school systems pennsylvania public school system predominantly black poor inferior private subsidized school system predominantly white affluent superior brief appellants lemon et al district held appellants lacked standing assert equal protection claim view plain error cubberley public education abington school district schempp authorities cited therein brennan concurring antieau downey roberts freedom federal establishment confrey secularism american education history see generally butts american tradition religion education stokes church state cubberley supra see ala art xiv alaska art vii ariz art ii art xi ark art xiv calif art ix colo art ix conn art viii del art fla decl rights art ga art viii par hawaii art ix idaho art ix ill art viii ind art kan art ky la art xii mass amend art xlvi mich art minn art viii miss art mo art ix mont art xi neb art vii nev art pt ii art art viii par mex art xii art xi car art ix dak art viii ohio art vi okla art ii ore art viii penn art art xii art xi dak art viii art xi tex art vii utah art va art ix wash art ix va art xii wis art art wyo art overwhelming majority constitutional provisions either prohibit expenditures public funds sectarian schools prohibit expenditure public school funds purpose support public schools discussion categorization various constitutional formulations see note catholic schools public money yale many constitutional provisions collected confrey secularism american education history many state constitutions explicitly apply prohibition aid sectarian colleges universities see colo art ix idaho art ix ill art viii kan art mass amend art xlvi mo art ix mont art xi neb art vii mex art xii art xi utah art wyo art least one judicial decision construing word schools held word include colleges universities opinion justices mass decision overruled constitutional amendment mass amend art xlvi see wright school atchison city atchison williams board trustees opinion justices mass jenkins andover mass otken lamkin miss harfst hoegen mo state ex rel public school dist taylor neb state ex rel nevada orphan asylum hallock synod dakota state already act restricted role teachers evidence us indicates otherwise qualified teachers stopped teaching courses religion order qualify aid act one teacher fact testified longer prays class lest endanger subsidy office education stipulated follows office education engaged making series onsite reviews completed projects verify conditions federal assistance provided implemented visits class schedules course descriptions contained school catalog analyzed ascertain nothing nature sectarian instruction scheduled area constructed use federal funds found indication portion academic facilities constructed federal assistance used way sectarian purposes either questionable practice must terminated institution must assume full responsibility cost constructing area involved app emphasis added plurality opinion strike period federal interest upon ground restrictive obligations recipient institution compatibly religion clauses expire building substantial value post thus surveillance constituting close proximity offends establishment clause continues life building pennsylvania statute differs rhode island providing subsidy without regard whether sectarian school average expenditure secular education equals exceeds average state public schools limitation subsidy nonpublic schools financially embarrassed thus statute face permits use state subsidy purpose maintaining attracting audience religious education also permits sectarian schools needing aid apply exceed quality secular education provided public schools features pennsylvania scheme seem invalidate establishment clause granting preferences sectarian schools three dissenters allen focused primarily disagreement textbooks provided secular see black dissenting douglas dissenting fortas dissenting much plurality argument directed establishing specific institutional appellees well colleges sectarian purpose function advance propagate specific religion questions must await hearings findings district justice white concurring judgments post dissenting nos good fortune country long ago recognized instruction young old ranks high scale proper governmental functions undertook secular education public responsibility also required compulsory attendance school young recognized value educated citizens assumed task educating us assert right provide secular education children whether attend public schools choose enter private institutions even institutions federal government also asserts entitled requested contribute cost secular education furnishing buildings facilities institutions higher learning public private alike urge parents choose children receive instruction required secular subjects school religion also taught religious atmosphere may prevail part cost secular instruction may paid governmental grants religious institution conducting school seeking grant challenge position bar official contributions secular education family prefers parochial public nonsectarian private school issue fairly joined precisely kind issue constitution contemplates must ultimately decide true although neither affirmance reversal cases follows automatically spare language first amendment history cases construing even though reasonable men easily sensibly differ import language decision legitimate surely quite wrong overturning pennsylvania rhode island statutes ground amount establishment religion forbidden first amendment one cases questions constitutional right parents satisfy obligation educate children sending private schools sectarian otherwise long schools meet minimum standards established secular instruction permitted required constitution free students attending private schools public school attendance obligation pierce society sisters may also furnish transportation students everson board education books teaching secular subjects students attending parochial private well public schools board education allen also upheld arrangements whereby students released public school classes may attend religious instruction zorach clauson outside field education upheld sunday closing laws mcgowan maryland state federal laws exempting church property church activity taxation walz tax commission governmental grants religious organizations purpose financing improvements facilities hospitals managed controlled religious orders bradfield roberts prior cases recognized dual role parochial schools american society perform religious secular functions see board education allen supra cases also recognize legislation secular purpose extending governmental assistance sectarian schools performance secular functions constitute law respecting establishment religion forbidden first amendment merely secular program may incidentally benefit church fulfilling religious mission religion may indirectly benefit governmental aid secular activities churches convert aid impermissible establishment religion much squarely holds tilton case also expressly rejects notion payments made directly religious institution without forbidden first amendment tilton decides federal government may finance separate function secular education carried parochial setting reaches result although sectarian institutions undeniably obtain substantial benefit federal aid without federal funding provide adequate facilities secular education student bodies institutions might remain stationary even decrease size institutions might ultimately close doors enough federal government financing separable secular function overriding importance order sustain legislation challenged religion private interests education may substantially benefit convert laws impermissible establishments religion unnecessary therefore urge free exercise clause first amendment least permits government respects modify mold secular programs express concern values see walz tax commission supra tax exemption religious properties limits permissible state accommodation religion means coextensive noninterference mandated free exercise clause equate two deny national heritage roots revolution sherbert verner exemption seventh day adventist eligibility requirements unemployment insurance permitted required free exercise clause zorach clauson supra students excused regular public school routine obtain religious instruction hen state encourages religious instruction follows best traditions respects religious nature people accommodates public service spiritual needs see also abington school district schempp stewart dissenting welsh white dissenting establishment clause however coexists first amendment free exercise clause latter surely relevant cases state program seeks ensure proper education young private well public schools free exercise considerations least counsel refusing support students attending parochial schools simply setting also instructed tenets faith constitutionally free practice sustain federal rhode island programs issue cases therefore concur judgment dissent judgments nos although also reject facial challenge pennsylvania statute concur judgment reasons given strikes rhode island statute face fault found secular purpose program suggestion purpose program aid religion disguised secular attire find primary effect program aid religion rather implement secular goals nevertheless finds impermissible entanglement result administration program reasoning curious mystifying blend critical factor appears unwillingness accept district express findings evidence none teachers involved mixed religious secular instruction rather district struck rhode island statute concluded activities outside secular classroom probably religious content support religious education therefore necessarily resulted financial aid secular programs since aid generally strengthened parochial schools increased number students view decision tilton however factors found insufficient invalidate federal plan forced considerations accepting district observation dicenso education integral part religious mission catholic church observation neither surprise alarm anyone especially judges already approved substantial aid parochial schools various forms majority interposes findings conclusions district expressly abjured namely nuns clerics dedicated catholic laymen unavoidably pose grave risk might able put aside religion secular classroom although stopping short considering untrustworthy concludes difficulties avoiding teaching religion along secular subjects pose intolerable risks event entail unacceptable enforcement regime thus potential impermissible fostering religion secular classrooms untested assumption paradoxically renders unacceptable state efforts insuring secular teachers religious discipline successfully avoid conflicts religious mission school secular purpose state education program difficulty twofold first place contrary evidence district findings dicenso points nothing record indicating participating teacher inserted religion secular teaching difficulty avoiding testimony teachers quite contrary district expressly found concern religious values necessarily affect content secular subjects diocesan schools contrary several teachers testified trial inject religion secular classes one teacher deposed taught exactly employed public school testimony gains added credibility fact several teachers moreover restrictions rhode island textbook loan law explicit requirement salary supplement act teaching materials used applicants aid must approved use public schools dicenso robinson supp ri elsewhere district reiterated defect rhode island statute religious doctrine overtly intrudes instruction factors aside secular courses plus fact good secular teaching essential implementing religious mission parochial school secondly accepts model catholic elementary secondary schools rejected catholic universities colleges tilton case urged catholic condition higher learning integral part religious mission church institutions everything foster faith response record none involved institutions shown complied model purport pass cases however strikes rhode island statute based primarily model suppositions unsupported views likely happen rhode island parochial school classrooms although record indication entanglement difficulties accompany salary supplement program thus creates insoluble paradox state parochial schools state finance secular instruction permits religion taught classroom exacts promise religion taught promise school teachers quite willing record able give enforces entangled entanglement aspect establishment clause jurisprudence federal program tilton case embroiled difficulties never adequately explained surely notion college students mature resistant indoctrination tilton careful note federal condition funding enforcement mechanism available religious teaching federally financed buildings permitted powers resistance college students way save federal scheme imagine basis finding college clerics reliable keeping promises counterparts elementary secondary schools particularly rhode island case since within five years majority teachers rhode island parochial schools lay persons many district dicenso seized rhode island formula supplementing teachers salaries since requires state verify amount school money spent secular distinguished religious purposes teachers schools expenditures secular subjects state average qualify system aspect state scheme said provoke serious entanglement also slender reed strike law district found since inception program necessary segregate expenditures manner district also focused recurring nature payments state rhode island salaries must supplemented money appropriated every year hence opportunity controversy friction state aid religious schools constantly remain state dicenso adopts theme makes much fact federal scheme grant religious institution matter argument without real force apparent federal interest grant continuing one since conditions attached grant must enforced important federal grant program ongoing one grant repeated new ones different schools made year year thus potential recurring political controversy accompanies federal program rhode island may problem appropriating money year supplement salaries teachers must year seek financing new grants desires make must supervise ones already record respect pennsylvania accepting true factual allegations complaint must purposes motion dismiss reverse dismissal complaint invalidate legislation critical allegations paraphrased elementary secondary schools controlled religious organizations purpose propagating promoting particular religious faith conduct operations fulfill purpose ante allegations concludes forbidden entanglements follow enforcing compliance secular purpose state money paid disagree specific allegation complaint sectarian teaching invade secular classes supported state funds schools operated promote particular religion quite consistent view secular teaching devoid religious instruction successfully maintained good secular instruction judge coffin wrote district rhode island case essential success religious mission parochial school rhode island case substitute presumption proof religion taught secular courses assume enforcement measures extensive border free exercise violation forget pennsylvania statute compel church schools accept state funds hold first amendment forbids agreement school state state funds used teach secular subjects agree however complaint dismissed failure state cause action although specifically allege schools involved mixed religious teaching secular subjects complaint allege schools operated fulfill religious purposes one legal theories stated complaint pennsylvania act finances participates blending sectarian secular instruction trial complaint evidence showing blend course supported state funds appear admissible credited establish financing religious instruction state hence reverse judgment district remand case trial thereby holding pennsylvania legislation valid face leaving open question validity applied particular facts case find difficult follow distinction federal state programs terms first amendment acceptability difficulty surprising since frank acknowledgment dimly perceive boundaries permissible government activity sensitive area constitutional adjudication tilton richardson post udicial caveats entanglement blurred indistinct variable barrier ante find even difficult acknowledgments mind understand accept considered judgment congress program constitutional yet reject equally considered decisions rhode island pennsylvania legislatures programs represent constitutionally acceptable accommodation church state accept invalidation provision federal legislation whereby restriction use buildings constructed federal funds terminates years postscript note federal state cases decided specified establishment clause considerations without reaching questions presented evidence cases showed involved schools restricted entry racial religious grounds required students gaining admission receive instruction tenets particular faith proof made legislation extent unconstitutional