Mitchell v. Helms, 530 U.S. 793, 14 (2000)

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Cite as: 530 U. S. 793 (2000)

Opinion of Thomas, J.

educational function of religious schools is invalid," id., at 225, had rejected a premise of Meek, but that court nevertheless concluded that Agostini had neither directly overruled Meek and Wolman nor rejected their distinction between textbooks and other in-kind aid. The Fifth Circuit therefore concluded that Meek and Wolman controlled, and thus it held Chapter 2 unconstitutional. We granted certiorari. 527 U. S. 1002 (1999).

II

The Establishment Clause of the First Amendment dictates that "Congress shall make no law respecting an establishment of religion." In the over 50 years since Everson v. Board of Ed. of Ewing, 330 U. S. 1 (1947), we have consistently struggled to apply these simple words in the context of governmental aid to religious schools.4 As we admitted in Tilton v. Richardson, 403 U. S. 672 (1971), "candor compels the acknowledgment that we can only dimly perceive the boundaries of permissible government activity in this sensitive area." Id., at 678 (plurality opinion); see Lemon, 403 U. S., at 671 (White, J., concurring in judgment).

In Agostini, however, we brought some clarity to our case law, by overruling two anomalous precedents (one in whole, the other in part) and by consolidating some of our previously disparate considerations under a revised test. Whereas in Lemon we had considered whether a statute (1) has a secular purpose, (2) has a primary effect of advancing or inhibiting religion, or (3) creates an excessive entanglement between government and religion, see 403 U. S., at 612-613, in Agostini we modified Lemon for purposes of evaluating aid to schools and examined only the first and second factors, see 521 U. S., at 222-223. We acknowledged

4 Cases prior to Everson discussed the issue only indirectly, see, e. g., Vidal v. Philadelphia, 2 How. 127, 198-200 (1844); Quick Bear v. Leupp, 210 U. S. 50, 81 (1908), or evaluated aid to schools under other provisions of the Constitution, see Cochran v. Louisiana Bd. of Ed., 281 U. S. 370, 374-375 (1930).

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