board education allen argued april decided june new york education law requires local public school authorities lend textbooks free charge students grades seven including private schools appellant school boards sought declaration statutory requirement invalid violative state federal constitutions order barring appellee commissioner education removing appellants members office failing comply order preventing use state funds purchase textbooks lent parochial students trial held law unconstitutional first fourteenth amendments entered summary judgment appellants pleadings appellate division reversed ordered complaint dismissed since appellant school boards standing attack statute new york appeals held appellants standing statute violate state federal constitution appeals said law benefit school children without regard type school attended textbooks approved school authorities loaned therefore statute completely neutral respect religion held statute violate establishment free exercise clause first amendment pp express purpose statute furtherance educational opportunities young law merely makes available children benefits general program lend school books free charge financial benefit parents children schools everson board education pp evidence religious books loaned assumed school authorities unable distinguish secular religious books honestly discharge duties approve secular books pp parochial schools addition sectarian function perform task secular education basis meager record agree appellants teaching sectarian school religious intertwining secular religious training secular textbooks furnished students fact instrumental teaching religion pp absence specific evidence based solely judicial notice concluded statute results unconstitutional state involvement religious instruction violates establishment clause since appellants shown law coerces way practice religion violation free exercise clause pp marvin pollock argued cause appellants brief alan levine jean coon assistant attorney general new york argued cause appellee allen brief louis lefkowitz attorney general ruth kessler toch solicitor general porter chandler argued cause appellees rock et al brief william ball richard nolan james mackrell briefs amici curiae urging reversal filed leo pfeffer arnold forster edwin lukas paul hartman sol rabkin joseph robison american jewish committee et franklin salisbury protestants americans separation church state briefs amici curiae urging affirmance filed solicitor general griswold assistant attorney general weisl lawrence wallace alan rosenthal robert zener herbert desimone attorney general rhode island charles edwards assistant attorney general william sennett attorney general pennsylvania james oakes attorney general vermont robert londerholm attorney general kansas william saxbe attorney general ohio joe patterson attorney general mississippi jack gremillion attorney general state louisiana boston witt attorney general myles flint assistant attorney general state new mexico ethan hitchcock national association independent schools raber taylor stuart hubbell herman cahn citizens educational freedom edward maguire new york state thomas ford edward walsh george eaton long island conference religious elementary secondary school administrators charles whelan consedine alfred scanlan harmon burns national catholic educational association et al julius berman national jewish commission law public affairs james brown lutheran synod justice white delivered opinion law state new york requires local public school authorities lend textbooks free charge students grades seven students attending private schools included case presents question whether statute law respecting establishment religion prohibiting free exercise thereof conflict first fourteenth amendments constitution authorizes loan textbooks students attending parochial schools hold law violation constitution education law state new york authorized public school boards designate textbooks use public schools purchase books public funds rent sell books public school students legislature amended basing amendments findings public welfare safety require state local communities give assistance educational programs important national defense general welfare state beginning school year local school boards required purchase textbooks lend without charge children residing district enrolled grades seven twelve public private school complies compulsory education law books loaned designated use public elementary secondary schools state approved boards education according amendment pupil required use text semester particular class school legally attends appellant board education central school district rensselaer columbia counties brought suit new york courts appellee james allen complaint alleged violated state federal constitutions appellants reliance interpretation constitution failed lend books parochial school students within counties appellee allen remove appellants office prevent appellants complying law submitting constituents school budget including funds books lent parochial school pupils appellants therefore sought declaration invalid order barring appellee allen removing appellants office failing comply another order restraining apportioning state funds school districts purchase textbooks lent parochial students answer upon summary judgment trial held law unconstitutional first fourteenth amendments entered judgment appellants misc appellate division reversed ordering complaint dismissed ground appellant school boards standing attack validity state statute app div appeal new york appeals concluded vote appellants standing different vote held violation either state federal constitution appeals said law purpose benefit school children regardless type school attended textbooks approved public school authorities loaned therefore considered completely neutral respect religion merely making available secular textbooks request individual student asking question school attends section appeals concluded law establishes religion constitutes use public funds aid religious schools noted probable jurisdiction everson board education case decided nearly point today problem new jersey reimbursed parents expenses incurred busing children parochial schools stated establishment clause bars state passing laws aid one religion aid religions prefer one religion another bars tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion nevertheless said establishment clause prevent state extending benefits state laws citizens without regard religious affiliation prohibit new jersey spending funds pay bus fares parochial school pupils part general program pays fares pupils attending public schools statute held valid even though one results children helped get church schools children might sent church schools parents compelled pay children bus fares pockets public provision police fire protection sewage facilities streets sidewalks payment bus fares value religious school nevertheless support religious institution prohibited establishment religion within meaning first amendment everson later cases shown line state neutrality religion state support religion easy locate constitutional standard separation church state problem like many problems constitutional law one degree zorach clauson see mcgowan maryland based everson zorach mcgowan cases abington school district schempp fashioned test subscribed eight justices distinguishing forbidden involvements state religion contacts establishment clause permits test may stated follows purpose primary effect enactment either advancement inhibition religion enactment exceeds scope legislative power circumscribed constitution say withstand strictures establishment clause must secular legislative purpose primary effect neither advances inhibits religion everson board education course books different buses bus rides inherent religious significance religious books common however language authorize loan religious books state claims right distribute religious literature although books loaned required parochial school use specific courses book loaned must approved public school authorities secular books may receive approval law construed appeals new york merely making available secular textbooks request individual student supra record contains suggestion religious books loaned absent evidence assume school authorities constantly face problem selecting textbooks use public schools unable distinguish secular religious books honestly discharge duties law judging validity statute record must proceed assumption books loaned students books unsuitable use public schools religious content major reason offered appellants distinguishing free textbooks free bus fares books buses critical teaching process sectarian school process employed teach religion however long recognized religious schools pursue two goals religious instruction secular education leading case pierce society sisters held although question oregon power compel school attendance require attendance institution meeting requirements quality nature curriculum 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 since pierce substantial body case law confirmed power insist attendance private schools satisfy state laws institutions provide minimum hours instruction employ teachers specified training cover prescribed subjects instruction indeed state interest assuring standards met considered sufficient reason refusing accept instruction home compliance compulsory education statutes cases sensible corollary pierce society sisters state must satisfy interest secular education instrument private schools proper interest manner schools perform secular educational function another corollary cochran louisiana state board education appellants said statute requiring school books furnished without charge students whether attended public private schools serve public purpose offended fourteenth amendment speaking chief justice hughes summarized follows conclusion louisiana interest secular education provided private schools made provision textbooks students schools properly public concern state interest education broadly method comprehensive individual interests aided common interest safeguarded underlying cases underlying also legislative judgments preceded decisions recognition private education played playing significant valuable role raising national levels knowledge competence experience americans care quality secular education available children considered high quality education indispensable ingredient achieving kind nation kind citizenry desired create considering attitude 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 background judgment experience unchallenged meager record us case agree appellants either teaching sectarian school religious processes secular religious training intertwined secular textbooks furnished students public fact instrumental teaching religion case comes us summary judgment entered pleadings nothing record supports proposition textbooks whether deal mathematics physics foreign languages history literature used parochial schools teach religion evidence offered particular schools particular courses particular teachers particular books unable hold based solely judicial notice statute results unconstitutional involvement state religious instruction reasons urged law respecting establishment religion within meaning first amendment appellants also contend offends free exercise clause first amendment however necessary free exercise case one show coercive effect enactment operates practice religion abington school district schempp appellants contended new york law way coerces individuals practice religion judgment affirmed footnotes new york sess laws new york education law supp several cities school districts state boards education trustees body officer perform functions boards shall designate used schools charge purposes section shall mean book pupil required use text semester particular class school legally attends several cities school districts state boards education trustees body officers perform function boards shall power duty purchase loan upon individual request children residing district enrolled grades seven twelve public private school complies compulsory education law loaned children enrolled grades seven twelve said private schools shall designated use public elementary secondary schools state approved boards education trustees school authorities loaned free children subject rules regulations may prescribed board regents boards education trustees school authorities intervention permitted plaintiffs side board education union free school district nassau county appears defendants side parents certain students attending private schools appear appellees challenge standing appellants press claim appellants taken oath support constitution believing unconstitutional position choose violating oath taking step refusal comply likely bring expulsion office also reduction state funds school districts doubt appellants thus personal stake outcome litigation baker carr record state opinions case contained information books fact transferred boards education individual students parties suggested briefs oral argument new york permits private schools submit boards education summaries requests textbooks filed individual students also permits private schools store premises textbooks loaned board education students interpretation state administrative procedure supported opinion counsel made available board regents state department education local school superintendents purposes case consider new york statute permit procedures construing statute find conformity constitution books furnished use individual students request noted record contains evidence private schools appellants districts previously provided textbooks students evidence least schools intervenor defendants asserted previously purchased children textbooks see statement commissioner education keppel schools rarely provide free textbooks hearings elementary secondary education act general subcommittee education house committee education labor pt twice suggested constitutionality state regulations state may require teaching instruction study history structure organization government including guaranties civil liberty tend inspire patriotism love country west virginia state board education barnette quoting minersville school district gobitis stone dissenting said parents may discharge duty state compulsory education laws send children religious rather public school school meets secular educational requirements state power impose everson board education citing pierce society sisters great many state cases upheld wide range private school regulation meyerkorth state neb appeal dismissed want substantial federal question state hoyt people donner misc dom rel aff app div aff appeal dismissed want substantial federal question new york state regulates private schools extensively especially attendance curriculum new york education law regents examinations given private school students basic requirement instruction given private schools satisfying compulsory attendance law least substantially equivalent instruction given minors like age attainments public schools city district minor resides subd new york requires school attendance minor seven sixteen years age unless completed high school people turner cal app appeal dismissed want substantial federal question new york state students total state enrollment attended nonpublic schools university state new york education statistics estimates table comparable statistic nation least bureau census statistical abstract justice harlan concurring although join opinion judgment wish emphasize certain principles believe central determination case think implicit decision attitude government toward religion must frequently observed one neutrality neutrality however coat many colors requires government neither engage compel religious practices effect favoritism among sects religion nonreligion work deterrence religious belief abington school district schempp concurring opinion goldberg realization objectives entails simple clear measure case may readily decided objectives suggest principles believe applicable present circumstances hold contested governmental activity calculated achieve nonreligious purposes otherwise within competence state activity involve state significantly directly realm sectarian give rise divisive influences inhibitions freedom forbidden religious clauses first amendment opinion education law new york employ religion standard action inaction otherwise inconsistent principles justice black dissenting affirms judgment new york appeals sustained constitutionality new york law providing state funds supply school books use pupils schools owned operated religious sects believe new york law held valid flat flagrant open violation first fourteenth amendments together forbid congress state legislatures enact law respecting establishment religion reason reverse new york appeals judgment confident keeping deliberate statement made everson board education repeated mccollum board education neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another neither force influence person go remain away church force profess belief disbelief religion person punished entertaining professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion neither state federal government openly secretly participate affairs religious organizations groups vice versa words jefferson clause establishment religion law intended erect wall separation church state true course new york law yet formally adopt establish state religion takes great stride direction coming events cast shadows powerful sectarian religious propagandists succeeded securing passage present law help religious schools carry sectarian religious purposes doubtless continue propaganda looking toward complete domination supremacy particular brand religion nearly always insidious approaches citadels liberty successfully attacked know prior opinion upon majority rightfully rely support holding new york law constitutional saying unmindful fact new york appeals purported follow everson board education supra opinion written upheld new jersey law authorizing reimbursement parents transportation children attending sectarian schools law attempt deny benefit general terms children faith going legally authorized school thus treated way general law paying streetcar fare school children law providing midday lunches children school children law provide police protection children going school general laws provide police fire protection buildings including course churches church school buildings well others brother douglas forcefully shows argument fully agree upholding state power pay bus streetcar fares school children provide support validity state law using funds buy school books religious school first amendment bar establishment religion must preclude state using funds levied citizens purchase books use sectarian schools although secular realistically way inevitably tend propagate religious views favored sect books essential tool education since contain resources knowledge educational process designed exploit sense difficult distinguish books heart school bus fares provide convenient helpful general public transportation service respect former state financial support actively directly assists teaching propagation sectarian religious viewpoints clear conflict first amendment establishment bar respect latter state merely provides general nondiscriminatory transportation service way related substantive religious views beliefs new york law may said makes small inroad amount complete state establishment religion excuse upholding requires prophet foresee argument used support law others upheld providing state federal government funds buy property erect religious school buildings erect buildings pay salaries religious school teachers finally sectarian religious groups cease rely voluntary contributions members sects waiting government pick bills religious schools arguments made favor new york law point squarely direction namely fact government heretofore aided religious schools funds amounts discrimination schools religion already efforts government supply money erect buildings sectarian religious schools shown recent act congress apparently allows precisely see higher education facilities act stat et seq still subscribe belief funds constitutionally used support religious schools buy school books erect buildings pay teachers pay maintenance expenses even extent one penny first amendment prohibition governmental establishment religion written assumption state aid religion religious schools generates discord disharmony hatred strife among people government supplies aids extent tyranny still believe way protect minority religious groups majority groups country keep wall separation church state high impregnable first fourteenth amendments provide affirmance bodes nothing evil religious peace country see dissenting opinion justice douglas post see boyd justice douglas dissenting review statute authorizes new york state supply textbooks students parochial well public schools new york appeals sustained law grounds involves secular textbooks type aid falls within everson board education divided upheld state law made bus service available students parochial schools well students public schools statute face empowers parochial school determine textbooks eligible loans students act provides text state may provide book pupil required use text semester particular class school legally attends new york education law subd initial crucial selection undoubtedly made parochial school principal individual instructors case roman catholic schools normally priests nuns next step act individual request eligible textbook subd state education department ruled pupil may make request local public board education private school official local boards accordingly provided requests made individual groups classes forms textbook requisitions filled head private school provided role local public school board decide whether veto selection made parochial school done determining first whether text approved use public schools second whether text secular nonreligious local boards apparently broad discretion exercising veto power thus statutory system provides parochial school ask books wants slightest doubt head parochial school select book books best promote sectarian creed board education supinely submits approving supplying sectarian textbooks struggle keep church state separate lost board resists battle line church state drawn contest keep school board independent put church domination control whatever may said everson nothing ideological bus nothing ideological school lunch public nurse scholarship constitutionality public aid students parochial schools turns considerations present textbook case textbook goes heart education parochial school chief although solitary instrumentality propagating particular religious creed faith possibly approve state aid religion parochial school textbook may contain many many seeds creed dogma prayer yet struck engel vitale official new york prayer public schools even though plainly denominational emphasized violence done establishment clause power given groups write prayers law risk compounded giving parochial schools initiative selecting textbooks desire furnished public expense judge van voorhis joined chief judge fuld judge breitel dissenting said difficulty textbook loan program reliable standard secular religious textbooks distinguished new york legislature felt science nonsectarian subject see supra mean general science textbook intended use grades may provided state parochial school students may john scott adventures science supplied textbook loan program book teaches embryology following manner animal usually means mammal cat dog squirrel guinea pig new animal embryo develops inside body mother birth fertilized egg becomes embryo developing animal many cell divisions take place time cells become muscle cells others nerve cells blood cells organs eyes stomach intestine formed body human grows way much remarkable animal embryo human soul infused body god human parents partners god creation great powers great responsibilities cooperation god souls born heaven capitalism economic system based man right private property freedom use property producing goods earn profit investment man right private property stems natural law implanted god much part man nature broadest definition socialism government ownership means production distribution country many means socialists nineteenth century believed crime vice existed poverty existed poverty eliminated crime vice disappear true poor surroundings usually unhealthy climates high moral training still man free check many socialists however denied free said man creation environment socialists deny christ message often ignore christ showed us life earth testing ground prepare man eternal happiness man interests direction least part time always directed toward futile quest material goods even treatment given particular topic school textbook blatantly sectarian necessarily certain shadings lead parochial school prefer one text another crusades example may taught christian undertaking save holy land moslem turks became threat christianity holy places treat respect wilson wilson erb clucas past essentially series wars born political materialistic motives see leinwand pageant world history dawn man explained words god created man made man master earth furlong old world america language evolution see wallbank man story slaughter aztecs cortes entourage lamented destruction new world culture see caughey franklin may land free forgiven spaniards carried true faith barbaric people practiced human sacrifice see furlong margaret sharkey america yesterday franco revolution spain taught crusade forces see hoffman vincitorio swift man history effort reactionary elements regain control country see leinwand pageant world history supra expansion communism select areas world manifestation forces evil campaigning forces good see hughes man time supra often difficult justice jackson said say secular ends sectarian begins education mccollum board education certain secular textbook prize religious faith selects book battle positions control judge van voorhis expressed fear end state might dominate church others fear one sectarian group gaining control state agencies approve secular textbooks use control disseminate ideas congenial faith must remembered existence religious school whether catholic mormon presbyterian episcopalian provide education oriented dogma particular faith father peter put matter succinctly disclosed happening one catholic school february rev cyril meyer vice president university sent following letter faculty catholics even teaching law science mathematics dear faculty member result several spirited discussions academic senate resolution passed body made effectiveness achieving classrooms stated objectives university primacy spiritual reason christian university goal merely equip students marketable skills far educate man whole man theocentric man well aware strive educate personal social success secular society far leadership toward theocentric society may therefore respectfully request submit answers specific possible following questions make particular courses theocentric believe anything administration colleagues assist presenting particular courses according philosophical theological traditions roman catholic church hesitate let us know objective university fundamental must aware classroom temple den please try answers using size paper returned march lewis clark college seems similar interest appearances autonomy view avoiding possible legal bars federal funds gifts foundations change legitimizes college autonomous educational institution removes requirement presbytery oregon least one representative board made clear college wishes change legal relationship synod purposes promised still elect minister presbytery board nomination synod consult synod making change statement purpose defines college board regents together commissioner education powers censorship textbooks contain statements seditious character evince disloyalty favorable nation war new york education law powers cut wide swath many areas education involve ideological element general textbooks approved distribution boards education trustees body officer perform functions boards new york education law subd school boards generally elected subd though cities appointed trustees elected superintendents advise textbook selection appointed board education trustees subd initiative select requisition books desired parochial school powerful pressures therefore state agencies provide books desired battlegrounds control textbook distribution lost secular textbooks pour religious schools rest assured contest provide books religious schools dominant religious group concludes best reflect theocentric philosophy particular church stakes extremely high school prayer cases see engel vitale supra obtain approval proper proper books radiate correct religious view parochial school public school well even wrong basic premise still affirm judgment judge van voorhis dissenting new york appeals thought result tying parochial school textbooks public funds put nonsectarian books religious schools long view tend towards state domination church indeed result school boards succumb sectarian pressure control however case viewed whether sectarian groups win control school boards gain control principle separation church state inherent establishment clause first amendment violated today approve madison wrote famous memorial remonstrance religious assessments highly pertinent see authority establish christianity exclusion religions may establish ease particular sect christians exclusion sects authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever appendix opinion douglas dissenting textbook requisition street address city state ship edison warehouse street van guysling city state schenectady copies name book total edition grade level price per book total amount certify following number children residing school district individually requested loan textbook indicated school year accordance section subdivision education law form requests submitted child also certify textbook requested edition approved use new york state public school district name school official private school appendix opinion douglas dissenting letter francis cardinal spellman november important opportunity exercise right provided next tuesday november day asked choose old state constitution proposed new state constitution decide whether provisions new constitution better serve changing needs families neighbors institutions public private faced grave responsibility weigh choice carefully vote conscientiously viewed concern tone past month discussion regard proposed new constitution disappointed much opposition constitution comes forces pluralistic society deny equal educational opportunities children attending parochial schools citizen dismayed think overwhelmingly supported new constitution fact repeals blaine amendment proposed new constitution whole closely related lives must command careful consideration document addresses values basic fulfillment lives citizens must aware constitution contains new provisions designed facilitate rebuilding communities new provisions committing state maximum development educational potential every citizen new provisions enabling government responsible way mobilize forces society meet changing needs people enhance environment promote social close constitutional convention expressed opinion convention produced document worthy support people new york state nothing public debate since caused alter judgment know conscientiously fulfill civic duty give serious consideration proposed new constitution everson relied appeals new york involve textbooks present serious problems raised form aid parochial students injects religious issues choice curriculum decision upholding state grant textbooks sectarian school students cochran board education first amendment issue raised see everson board education dissenting opinion letter herbert johnson state education department city village district superintendents supervising principals reproduced brief american jewish committee et al amici curiae manual instructions recordkeeping procedures textbooks loaned conformance provisions new york state textbook law reproduced brief national jewish commission law public affairs amicus curiae see appendix opinion state appeals used phrases secular textbooks nonreligious textbooks without elaboration meant legislature statement policy act laws speaks aiding instruction subjects gives examples science mathematics foreign languages state department education stated necessary textbooks eliminates denominational editions carrying imprimatur nihil obstat religious authority opinion counsel definitions found advised oral argument assistant attorney general opinion counsel advisory binding state policy new york department education event appeal taxpayer local board decision certain text approved regents university state new york last word matters specifically authorized subd promulgate regulations respecting textbook loan program done position unknown example regulations board education city new york respecting approval textbooks public schools contain limitations directly relevant question sectarianism material promote objectives educational program treat subject competently accurately good taste wholesome tone consonant right conduct civic values harmony american democratic ideals moral values free reflection dignity status group race religion whether expressed implied statement omission free objectionable features violence crime guiding principles schools selection use instructional materials opinion counsel see supra simply local board finds board approved text question decide wishes approve opinion counsel also board doubt whether text whether carries imprimatur nihil obstat denominational edition must make appropriate determination although author textbook priest text contains imprimatur nihil obstat although published catholic press loyola university press chicago marked manner denominational edition simply general edition book accordingly opinion counsel document approaching regulation issue involved adventures science qualify see nn supra man time contains nihil obstat imprimatur thus opinion counsel see nn supra applicable book may provided state opinion counsel however advisory told moreover religious endorsements easily removed author publisher next printing parochial schools may prefer texts liberally sprinkled religious vignettes creeping sectarianism avoids direct teaching religious doctrine keeps student continually reminded sectarian orientation education furlong margaret sharkey american history text america yesterday example student informed first mass said near chesapeake bay eight french missionaries canada early canonized one men signed declaration independence two attended constitutional convention catholic superintendent hudson bay company outpost oregon country converted catholicism scott adventures science teaching atmospheric conditions prevailing top mount everest informs student sir edmund hillary first scaled peak placed tiny crucifix benedictine monk supplied america yesterday supra another example text written clergy priest nun together one layman contains imprimatur nihil obstat denominational edition see nn spain early organization victory national elections result government made discordant political elements failed preserve civil order country violent attacked burned churches monasteries government even try prevent crimes result spaniards loved country loyal religion revolted government republic able general francisco franco put head revolt began july spain end world war backward monarchy king resigned people established republic spanish tried many reforms many wanted go back old ways old privileges monarchy rich wanted hold property people thought francisco franco fascist help civil war started soon came called dress rehearsal world war ii fascist countries italy germany supported franco rebels hand russia supported loyalists armies republic called democratic countries might supported loyalists fear communism prevented franco defeated loyalists became dictator spain today el caudillo leader still rules spain iron hand purpose parochial school beginning clear beyond peradventure generally held roman catholic position matter education public parochial schools well summarized late monsignor john ryan matter fact state maintains system schools completely satisfactory catholics inasmuch place given morality religion since church realizes teaching religion instruction secular branches rightfully successfully separated one compelled maintain system schools general education well religious instruction stokes church state education parochial schools follows general curriculum public schools main differences per cent time given religious instruction catholic point view brought treatment historical subjects protestant point view might emphasized protestant school ibid john chronicle folly continuum emphasis original cf adler board education barsky board regents proportions contest suggested letter dated november late cardinal spellman directed read masses sunday november vote proposed constitution opened wide door state aid parochial schools attached letter appendix opinion writings james madison hunt ed recent account extent public funds poured sectarian schools see one parochial school lobbyist group urged congress order avoid establishment secularism education federal monies must distributed various sects operate parochial schools valueless neutral school argued education religion separated hearings subcommittee house committee judiciary statement francis brown chairman national association personal rights education unhappily come pass perhaps church time become administrative arm state goal predicted galbraith mature corporation new industrial state circle completed return point long struggle keep church state separate first started constitutional form government conceivable proposals putting nation religious sects public payroll addressed federal constitutional convention since brother black shows scheme thoroughly rejected adoption first amendment justice fortas dissenting majority opinion upholds new york statute ignoring vital aspect public funds used buy students sectarian schools textbooks selected prescribed sectarian schools brother douglas points despite transparent camouflage books furnished students reality selected use prescribed sectarian authorities child must use prescribed book use different book prescribed use public schools state choose book used true public school boards must approve book selected sectarian authorities real significance purpose provisions hold promise books secular cf douglas dissenting ante fact remains books chosen sectarian schools misleading say majority opinion new york law merely makes available children benefits general program lend school books free charge ante general program specific program use state funds buy books prescribed sectarian schools new york primarily catholic jewish lutheran sponsored schools called general program school books made available children precisely books selected used public schools program one children treated alike regardless go school program unconstitutional features satisfy specific needs sectarian schools children attending schools given special books books selected sectarian authorities use public money aid sectarian establishments also beside point opinion assume majority opinion books loaned students books unsuitable use public schools religious content ante point books furnished students sectarian schools selected religious authorities prescribed case within principle everson board education apart differences textbooks bus rides present statute call extending children attending sectarian schools service facility extended children public schools statute calls furnishing special separate particular books specially separately particularly chosen religious sects representatives use sectarian schools infirmity opinion feature makes impossible view reach conclusion statute unconstitutional use public funds support establishment religion feature present statute makes totally inaccurate suggest majority furnishing specially selected books use sectarian schools like public provision police fire protection sewage facilities streets sidewalks ante furnished alike selected basis specification religious sect patrons one sect receive services facilities different accorded members religions agnostics even atheists reverse judgment