tilton richardson argued decided june higher education facilities act provides federal construction grants college university facilities excluding facility used used sectarian instruction place religious worship primarily connection part program school department divinity retains interest facility constructed funds act period recipient violates statutory conditions government entitled recovery funds four colleges universities connecticut received federal construction grants five facilities appellants attempted show recipient institutions sectarian introducing evidence relations religious authorities curricula content indicia religious character appellee colleges introduced testimony fully complied statutory conditions religious affiliations interfere secular educational functions held act authorized grants schools sustained constitutionality finding act neither purpose effect promoting religion held act constitutional except portion providing limitation religious use facilities constructed federal funds pp supp vacated remanded chief justice joined justice harlan justice stewart justice blackmun concluded act includes colleges universities religious affiliations pp congress objective providing opportunity college education legitimate secular goal entirely appropriate governmental action pp record fully supports district findings colleges involved violated statutory restrictions provides basis assuming religiosity necessarily permeates secular education colleges yields evidence religion seeps use five facilities pp limitation federal interest facilities period years violates religion clauses first amendment unrestricted use valuable property years effect contribution religious body pp case distinguished lemon kurtzman ante less danger primary secondary schools dealing impressionable children religion permeate area secular education since religious indoctrination substantial purpose activity colleges facilities provided religiously neutral correspondingly less need government surveillance government aid construction grant minimal need inspection cumulatively factors lessen substantially potential divisive religious fragmentation political arena pp implementation act inhibit free exercise religion violation first amendment justice white concurred judgment case pp justice douglas joined justice black justice marshall agreed part plurality opinion relating limitation federal interest facilities years concluding reversion facility end period parochial school unconstitutional gift taxpayers funds leo pfeffer argued cause appellants briefs peter costas paul orth jerry wagner daniel friedman argued cause appellees richardson et al brief solicitor general griswold assistant attorney general ruckelshaus robert zener donald horowitz michael ahern assistant attorney general connecticut argued cause appellee peterson brief robert killian attorney general edward bennett williams argued cause appellee colleges universities brief jeremiah collins howard owens lawrence iannotti bruce lewellyn briefs amici curiae urging reversal filed franklin salisbury protestants americans separation church state peter costas paul orth connecticut state conference branches naacp et al briefs amici curiae urging affirmance filed wilber katz john holt myers american council education et nathan lewin national jewish commission law public affairs chief justice burger announced judgment opinion justice harlan justice stewart justice blackmun join appeal presents important constitutional questions federal aid colleges universities title higher education facilities act stat amended ed supp provides construction grants buildings facilities used exclusively secular educational purposes must determine first whether act authorizes aid institutions whether act violates either establishment free exercise clauses first amendment higher education facilities act passed response strong nationwide demand expansion college university facilities meet sharply rising number young people demanding higher education act authorizes federal grants loans institutions higher education construction wide variety academic facilities supp expressly excludes facility used used sectarian instruction place religious worship facility used used primarily connection part program school department divinity appellants citizens taxpayers residents connecticut brought suit injunctive relief officials administer act four colleges universities connecticut receiving federal construction grants title also named defendants federal funds used five projects four institutions library building sacred heart university music drama arts building annhurst college science building fairfield university library building fairfield language laboratory albertus magnus college federal convened appellants attempted show four recipient institutions sectarian introducing evidence relations religious authorities content curricula indicia religious character sponsorship institutions religious organizations disputed appellee colleges introduced testimony fully complied statutory conditions religious affiliation way interfered performance secular educational functions district ruled title authorized grants colleges universities also sustained constitutionality act finding neither purpose effect promoting religion supp noted probable jurisdiction ii satisfied congress intended act include colleges universities regardless affiliation sponsorship religious body congress defined institutions higher education eligible receive aid act broad inclusive terms certain institutions example institutions neither public nonprofit expressly excluded act expressly prohibits use facilities religious purposes act makes reference religious affiliation nonaffiliation circumstances institutions higher education must taken include colleges universities interpretation fully supported legislative history although extensive debate wisdom constitutionality aid institutions affiliated religious organizations congress clearly included program sponsors act stated cong rec remarks morse remarks powell remarks quie amendments aimed exclusion institutions defeated iii numerous cases considered noted internal tension first amendment establishment clause free exercise clause walz tax recent decision seeking define boundaries neutral area two provisions within legislature may legitimately act decisions treated three main concerns establishment clause sought protect sponsorship financial support active involvement sovereign religious activity every analysis must begin candid acknowledgment single constitutional caliper used measure precise degree three factors present absent instead analysis area must begin consideration cumulative criteria developed many years applying wide range governmental action challenged violative establishment clause always risks treating criteria discussed time time tests limiting sense term constitutional adjudication lend absolutes physical sciences mathematics standards rather viewed guidelines identify instances objectives religion clauses impaired noted lemon kurtzman earley dicenso ante candor compels acknowledgment dimly perceive boundaries permissible government activity sensitive area constitutional adjudication background consider four questions first act reflect secular legislative purpose second primary effect act advance inhibit religion third administration act foster excessive government entanglement religion fourth implementation act inhibit free exercise religion security welfare require future generations american youth assured ample opportunity fullest development intellectual capacities opportunity jeopardized unless nation colleges universities encouraged assisted efforts accommodate rapidly growing numbers youth aspire higher education simplistic argument every form financial aid activity violates religion clauses rejected long ago bradfield roberts federal construction grant hospital operated religious order upheld act challenged ground primary effect aid religious purposes colleges universities construction grants surely aid institutions sense construction buildings assist perform various functions bus transportation textbooks tax exemptions gave aid sense religious bodies otherwise forced find sources finance services yet forms governmental assistance upheld everson board education board education allen walz tax supra see also bradfield roberts supra crucial question whether benefit accrues religious institution consequence legislative program whether principal primary effect advances religion possibility always exists course legitimate objectives law legislative program may subverted conscious design lax enforcement nothing new argument judicial concern possibilities standing alone warrant striking statute unconstitutional act carefully drafted ensure federally subsidized facilities devoted secular religious function recipient institutions authorizes grants loans academic facilities used defined secular purposes expressly prohibits use religious instruction training worship restrictions enforced act actual administration record shows institutions required disgorge benefits failure obey finally record fully supports findings district none four institutions case violated statutory restrictions institutions presented evidence religious services worship federally financed facilities religious symbols plaques used solely nonreligious purposes record therefore buildings indistinguishable typical state university facility appellants presented evidence contrary appellants instead rely argument government may subsidize activities institution higher learning programs teaches religious doctrines argument rests everson majority stated establishment clause barred tax levied support religious institutions whatever form may adopt teach practice religion allen however recognized fashioned criteria analysis statute purpose effect determinative whether religion advanced government action abington school district schempp concept appellants position depends validity proposition religion permeates secular education provided colleges universities religious secular educational functions fact inseparable argument government grants thus inevitably advance religion escape notice congress carefully thoughtfully debated cong rec found unpersuasive also considered allen refused assume religiosity parochial elementary secondary schools necessarily permeates secular education provide record similarly provides basis assumption two five federally financed buildings involved case libraries district found classes conducted either facilities restrictions imposed institutions books acquired evidence contrary third building language laboratory albertus magnus college evidence showed facility used solely assist students pronunciation modern foreign languages use seem peculiarly unrelated unadaptable religious indoctrination federal grants also used build science building fairfield university music drama arts building annhurst college evidence religion seeps use facilities indeed parties stipulated district courses institutions taught according academic requirements intrinsic subject matter individual teacher concept professional standards although appellants introduced several institutional documents stated certain religious restrictions taught evidence showed restrictions fact enforced schools characterized atmosphere academic freedom rather religious indoctrination four institutions example subscribe statement principles academic freedom tenure endorsed american association university professors association american colleges rather focus four defendant colleges universities involved case however appellants seek shift attention composite profile constructed typical sectarian institution higher education told composite institution imposes religious restrictions admissions requires attendance religious activities compels obedience doctrines dogmas faith requires instruction theology doctrine everything propagate particular religion perhaps schools fit pattern appellants describe indeed colleges declared ineligible aid authorities administer act appellants contend four institutions fall within category individual projects properly evaluated challenges arise respect particular recipients evidence presented show institution fact possess characteristics however strike act congress basis hypothetical profile remedy however available government statutory conditions violated within twenty years completion construction period termed statute period federal interest reflects congress finding years public benefit accruing use federally financed facility equal exceed value amount federal grant therefore recipient institution obligation use facility sectarian instruction religious worship appear expire end years note example supp institution applying federal grant required provide assurances facility used sectarian instruction religious worship least period federal interest therein defined section title limiting prohibition religious use structure years obviously opens facility use purpose end period assumed substantial structure value period hence unrestricted use valuable property effect contribution value religious body congress base provision contrary conclusion end years building example converted chapel otherwise used promote religious interests original federal grant part effect advancing religion extent act therefore trespasses religion clauses restrictive obligations recipient institution compatibly religion clauses expire building substantial value circumstance require us invalidate entire act however cardinal principle statutory construction save destroy nlrb jones laughlin steel champlin rfg commission noted unconstitutionality part act necessarily defeat validity remaining provisions unless evident legislature enacted provisions within power independently invalid part may dropped left fully operative law found nothing statute objectives intimating congress considered provision essential statutory program whole view broad important goals congress intended legislation serve basis assuming act failed passage without provision excision impair either operation administration act significant respect iv next turn question whether excessive entanglements characterize relationship government church act walz tax supra decision today lemon kurtzman robinson dicenso discussed applied independent measure constitutionality religion clauses concluded excessive entanglements government religion fostered pennsylvania rhode island statutory programs state aid provided parochial elementary secondary schools however three factors substantially diminish extent potential danger entanglement dicenso district found parochial schools rhode island integral part religious mission catholic church record fully supported conclusion inculcation religious values substantial dominant purpose institutions pennsylvania case decided pleadings hence accepted true allegations parochial schools state shared characteristics appellants complaint contains similar allegations denied answers extensive evidence introduced subject although district made findings respect religious character four institutions higher learning required accept allegations true circumstances particularly appellants contend four institutions sectarian generally significant differences religious aspects institutions higher learning parochial elementary secondary schools affirmative dominant policy instruction church schools assure future adherents particular faith control total education early age walz tax supra substance contention college students less impressionable less susceptible religious indoctrination common observation seem support view congress may well entertained skepticism college student inconsiderable barrier attempt tendency subvert congressional objectives limitations furthermore nature college postgraduate courses tend limit opportunities sectarian influence virtue internal disciplines many colleges universities characterized high degree academic freedom seek evoke free critical responses students record support conclusion four institutions departed general pattern four schools governed catholic religious organizations faculties student bodies predominantly catholic nevertheless evidence shows admitted students given faculty appointments one four institutions requires students attend religious services although four schools require students take theology courses parties stipulated courses taught according academic requirements subject matter teacher concept professional standards parties also stipulated courses covered range human religious experiences limited courses roman catholic religion schools introduced evidence made attempt indoctrinate students proselytize indeed required theology courses albertus magnus sacred heart taught rabbis finally noted four schools subscribe set principles academic freedom nothing record shows principles fact followed short evidence shows institutions admittedly religious functions whose predominant higher education mission provide students secular education since religious indoctrination substantial purpose activity colleges universities less likelihood primary secondary schools religion permeate area secular education reduces risk government aid fact serve support religious activities correspondingly necessity intensive government surveillance diminished resulting entanglements government religion lessened inspection may necessary ascertain facilities devoted secular education minimal indeed hardly inspections impose private schools within reach compulsory education laws entanglement church state also lessened nonideological character aid government provides cases everson allen permitted schools receive government aid form secular neutral services facilities materials supplied students regardless affiliation school attend lemon dicenso however state programs subsidized teachers either directly indirectly since teachers necessarily religiously neutral greater governmental surveillance required guarantee state salary aid fact subsidize religious instruction found resulting entanglement excessive hand government provides facilities religiously neutral risks government aid religion corresponding need surveillance therefore reduced finally government entanglements religion reduced circumstance unlike direct continuing payments pennsylvania program incidents regulation surveillance government aid construction grant continuing financial relationships dependencies annual audits government analysis institution expenditures secular distinguished religious activities inspection use minimal contact one three factors standing alone necessarily controlling cumulatively shape narrow limited relationship government involves fewer less significant contacts two state schemes us lemon dicenso relationship therefore less potential realizing substantive evils religion clauses intended protect think cumulatively three factors also substantially lessen potential divisive religious fragmentation political arena conclusion admittedly difficult document neither appellants pointed continuing religious aggravation matter political processes possibly explained character diversity recipient colleges universities absence intimate continuing relationship dependency government religiously affiliated institutions potential divisiveness inherent essentially local problems primary secondary schools significantly less respect college university whose student constituency local diverse widely dispersed finally must consider whether implementation act inhibits free exercise religion violation first amendment appellants claim free exercise clause violated compelled pay taxes proceeds part finance grants act appellants however unable identify coercion directed practice exercise religious beliefs board education allen supra share cost grants act fundamentally distinguishable impact tax exemption sustained walz provision textbooks upheld allen conclude act violate religion clauses first amendment except part providing limitation religious use restrictions contained remand district directions enter judgment consistent opinion vacated remanded opinion justice white concurring judgment see ante footnotes see freund comment public aid parochial schools harv rev fichter parochial school sociological study giannella religious liberty nonestablishment doctrinal development pt ii nonestablishment principle harv rev giannella supra pattillo mackenzie higher education justice douglas justice black justice marshall concur dissenting part correct constitutional principle case stated president kennedy questioned policy respecting aid private parochial schools constitution clearly prohibits aid school parochial schools think doubt everson case probably celebrated case provided decision possible local community provide bus rides nonpublic school children majority minority statements particular question clear prohibition aid school direct made decision everson case determining aid child school aid school room debate subject prohibited constitution made clear therefore possibility recommending title higher education facilities act authorizes grants loans cost construction undergraduate academic facilities public private colleges universities project eligible construction result urgently needed substantial expansion institution student enrollment capacity capacity provide needed health care students personnel institution capacity carry extension continuing education programs campus institution supp commissioner education authorized prescribe basic criteria instructed give special consideration expansion undergraduate enrollment capacity supp academic facilities structures suitable use classrooms laboratories libraries related facilities necessary appropriate instruction students research programs specifically excluded facilities used used sectarian instruction place religious worship facilities used primarily connection part program school department divinity supp retains interest facilities facility used academic facility entitled recover amount equal proportion present value federal grant bore original cost facility according stipulation entered years office education attempts insure facilities used manner required act primarily inspections end period federal interest facility ceases college may use pleases see public purpose secular education sure furthered program yet sectarian purpose aided making parochial school system viable purpose increase student enrollment students obviously aimed particular faith financed taxpayers money parochial schools beamed agnostics atheists competing sect sophisticated institutions may admit minorities dominant religious character changed reversion facility parochial school end years outright grant measurable present discounted worth facility gift taxpayers funds amount plainly unconstitutional properly bars even though disguised form reversionary interest see lane wilson invalidation one clause cure constitutional infirmities statute whole federal government giving religious schools block grant build certain facilities fact money given beginning program rather apportioned annually lemon dicenso without constitutional significance first amendment bars establishment religion noted today lemon dicenso bar consistently interpreted everson board education torcaso watkins meaning tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion thus hardly impressive rather giving smaller amount money annually long period years congress instead gives large amount plurality distinction effect small violations first amendment period years unconstitutional see lemon dicenso huge violation occurring de minimis agree sophistry said lemon dicenso cases decided today relevant facilities financed taxpayers funds used sectarian purposes religious teaching secular teaching enmeshed parochial schools strictest supervision surveillance insure compliance condition parochial schools may require religious exercises even classroom parochial school operates one budget money spent one purpose becomes available purposes thus fact religious observances federally financed facilities controlling required religious observances take place buildings decision engel vitale held requirement prayer public schools violated establishment clause schools become federally funded become bound federal standards ivanhoe irrig dist mccracken rosado wyman concurring opinion simkins moses cone memorial accordingly adherence engel require end required religious exercises kind surveillance control certainly obnoxious church authorities done radically change character parochial school yet surveillance searching continuous federal financing obnoxious establishment free exercise clauses reasons stated companion cases words surveillance creates entanglement government religion first amendment designed avoid yet today decision requirement surveillance last useful life building previously noted hardly lack due process government regulate subsidizes wickard filburn price subsidy act violation free exercise clause course history methodism taught federally financed building religiously slanted version reformation quebec politics duplessis permissible government know taught federally financed building without continuous auditing classroom instruction yet free exercise clause academic freedom violated government agent must present determine whether course content satisfactory said lemon dicenso cases parochial school unitary institution subtle blending sectarian secular instruction thus practices religious schools way affected minimal requirement government financed facility may used sectarian instruction place religious worship money saved one item budget free used elsewhere conducting religious services another building school rent free building nonsectarian use called establishment simply government retains continuing interest building useful life even though religious schools need never pay cent use building much made need public aid church schools light pressing fiscal problems eugene blake presbyterian church however wrote one remembers churches pay inheritance tax churches die churches may operate business exempt percent corporate income tax real property used church purposes generously construed tax exempt unreasonable prophesy reasonably prudent management churches able control whole economy nation within predictable future growing wealth property churches partially responsible revolutionary expropriations church property england sixteenth century france eighteenth century italy nineteenth century mexico russia czechoslovakia hungary name examples twentieth century seems government mounting tax problems expected keep hands wealth rich church forever revolution always accompanied anticlericalism atheism surprising religiously used real estate churches today constitutes vast domain see larson lowell churches riches revenues immunities assets total billion annual income least billion extent feeding public trough variety forms alarming almost unbelievable made radical departure madison remonstrance memorialized today decision dissent lack respect parochial schools feeling despair respect history accorded first amendment day lost remembered case deal federal grants command congress shall make law respecting establishment religion prohibiting free exercise thereof grants sustained today put madison miserable three pence shame even thought even small amount coming pocket going coffers church keeping constitutional ideal reverse judgment public papers presidents john kennedy pp news conference march clear roman catholic parochial school integral part church definitely service worship parochial school usually developed connection church many cases church school monies even separated school sense public school even though children groups may admitted buildings owned controlled community american people even community american roman catholic people title ownership public school vested local community elected officers school board city council title ownership parochial school vested bishop individual appointed direct control reports pope rome boettner roman catholicism tax exemption churches christianity today pp churches owned unrelated business enjoyed recently special tax advantage charitable organizations taxed unrelated business taxable income derived businesses regularly carried internal revenue code tax normal tax surtax thus case income derived corporations first additional income churches exempted unrelated business income tax thus paid federal taxes revenues tax reform act stat tax advantage unrelated business income respects businesses owned churches prior may terminated january stat supp see pt pp conf remonstrance reproduced appendices dissenting opinion rutledge everson douglas walz tax