Mitchell v. Helms, 530 U.S. 793, 28 (2000)

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

Opinion of Thomas, J.

"is likely to place the imprimatur of governmental approval upon the favored religion"); see generally id., at 18-23. Quite clearly, then, we did not, as respondents do, think that the use of governmental aid to further religious indoctrination was synonymous with religious indoctrination by the government or that such use of aid created any improper incentives.

Similarly, had we, in Witters, been concerned with divertibility or diversion, we would have unhesitatingly, perhaps summarily, struck down the tuition-reimbursement program, because it was certain that Witters sought to participate in it to acquire an education in a religious career from a sectarian institution. Diversion was guaranteed. Mueller took the same view as Zobrest and Witters, for we did not in Mueller require the State to show that the tax deductions were only for the costs of education in secular subjects. We declined to impose any such segregation requirement for either the tuition-expense deductions or the deductions for items strikingly similar to those at issue in Meek and Wolman, and here. See Mueller, 463 U. S., at 391, n. 2; see also id., at 414 (Marshall, J., dissenting) ("The instructional materials which are subsidized by the Minnesota tax deduction plainly may be used to inculcate religious values and belief").

Justice O'Connor acknowledges that the Court in Zo-brest and Witters approved programs that involved actual diversion. See post, at 841 (opinion concurring in judgment). The dissent likewise does not deny that Witters involved actual diversion. See post, at 895-896, n. 16. The dissent does claim that the aid in Zobrest "was not considered divertible," post, at 895, n. 16, but the dissent in Zobrest, which the author of today's dissent joined, understood the case otherwise. See supra, at 820. As that dissent made clear, diversion is the use of government aid to further a religious message. See Zobrest, supra, at 21-22 (Blackmun, J., dissenting); see also post, at 842, 857 (O'Connor, J., concurring in judgment). By that definition, the

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