Agostini v. Felton, 521 U.S. 203, 23 (1997)

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Cite as: 521 U. S. 203 (1997)

Opinion of the Court

from—and therefore perfectly consistent with—Ball and Aguilar.

In Zobrest, however, we did not expressly or implicitly rely upon the basis Justice Souter now advances for distinguishing Ball and Aguilar. If we had thought that signers had no "opportunity to inject religious content" into their translations, we would have had no reason to consult the record for evidence of inaccurate translations. 509 U. S., at 13. The signer in Zobrest had the same opportunity to inculcate religion in the performance of her duties as do Title I employees, and there is no genuine basis upon which to confine Zobrest's underlying rationale—that public employees will not be presumed to inculcate religion—to sign-language interpreters. Indeed, even the Zobrest dissenters acknowledged the shift Zobrest effected in our Establishment Clause law when they criticized the majority for "stray[ing] . . . from the course set by nearly five decades of Establishment Clause jurisprudence." Id., at 24 (Blackmun, J., dissenting). Thus, it was Zobrest—and not this litigation—that created "fresh law." Post, at 249. Our refusal to limit Zobrest to its facts despite its rationale does not, in our view, amount to a "misreading" of precedent.

Second, we have departed from the rule relied on in Ball that all government aid that directly assists the educational function of religious schools is invalid. In Witters v. Washington Dept. of Servs. for Blind, 474 U. S. 481 (1986), we held that the Establishment Clause did not bar a State from issuing a vocational tuition grant to a blind person who wished to use the grant to attend a Christian college and become a pastor, missionary, or youth director. Even though the grant recipient clearly would use the money to obtain religious education, we observed that the tuition grants were " 'made available generally without regard to the sectarian-nonsectarian, or public-nonpublic nature of the institution benefited.' " Id., at 487 (quoting Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U. S. 756, 782-783,

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