Cite as: 530 U. S. 793 (2000)
O'Connor, J., concurring in judgment
Souter, I would still reject it for a more fundamental reason. Stated simply, the theory does not provide a logical distinction between the lending of textbooks and the lending of instructional materials and equipment. An educator can use virtually any instructional tool, whether it has ascertainable content or not, to teach a religious message. In this respect, I agree with the plurality that "it is hard to imagine any book that could not, in even moderately skilled hands, serve to illustrate a religious message." Ante, at 823. In today's case, for example, we are asked to draw a constitutional distinction between lending a textbook and lending a library book. Justice Souter's try at justifying that distinction only demonstrates the absurdity on which such a difference must rest. He states that "[a]lthough library books, like textbooks, have fixed content, religious teachers can assign secular library books for religious critique." Post, at 903. Regardless of whether that explanation is even correct (for a student surely could be given a religious assignment in connection with a textbook too), it is hardly a distinction on which constitutional law should turn. Moreover, if the mere ability of a teacher to devise a religious lesson involving the secular aid in question suffices to hold the provision of that aid unconstitutional, it is difficult to discern any limiting principle to the divertibility rule. For example, even a publicly financed lunch would apparently be unconstitutional under a divertibility rationale because religious school officials conceivably could use the lunch to lead the students in a blessing over the bread. See Brief for Avi Chai Foundation as Amicus Curiae 18.
To the extent Justice Souter believes several related Establishment Clause decisions require application of a divertibility rule in the context of this case, I respectfully disagree. Justice Souter is correct to note our continued recognition of the special dangers associated with direct money grants to religious institutions. See post, at 890-893. It does not follow, however, that we should treat as constitu-
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