696
Opinion of Souter, J.
efit to religion was a reasonable accommodation of both religious and cultural differences. Id., at 550-551, 618 N. E. 2d, at 113.
We stayed the mandate of the Court of Appeals, 509 U. S. 938 (1993), and granted certiorari, 510 U. S. 989 (1993).
II
"A proper respect for both the Free Exercise and the Establishment Clauses compels the State to pursue a course of 'neutrality' toward religion," Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U. S. 756, 792-793 (1973), favoring neither one religion over others nor religious adherents collectively over nonadherents. See Epperson v. Arkansas, 393 U. S. 97, 104 (1968). Chapter 748, the statute creating the Kiryas Joel Village School District, departs from this constitutional command by delegating the State's discretionary authority over public schools to a group defined by its character as a religious community, in a legal and historical context that gives no assurance that governmental power has been or will be exercised neutrally.
Larkin v. Grendel's Den, Inc., 459 U. S. 116 (1982), provides an instructive comparison with the litigation before us. There, the Court was requested to strike down a Massachusetts statute granting religious bodies veto power over applications for liquor licenses. Under the statute, the governing body of any church, synagogue, or school located within 500 feet of an applicant's premises could, simply by submitting written objection, prevent the Alcohol Beverage Control Commission from issuing a license. Id., at 117. In spite of the State's valid interest in protecting churches, schools, and like institutions from " 'the hurly-burly' associated with liquor outlets," id., at 123 (internal quotation marks omitted), the Court found that in two respects the statute violated "[t]he wholesome 'neutrality' of which this Court's cases speak," School Dist. of Abington Township v. Schempp, 374 U. S. 203, 222 (1963). The Act brought about a " 'fusion of
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