858
O'Connor, J., concurring in judgment
pointed to—the broader proposition that such presumptions of religious indoctrination are normally inappropriate when evaluating neutral school aid programs under the Establishment Clause. In Agostini, we repeatedly emphasized that it would be inappropriate to presume inculcation of religion; rather, plaintiffs raising an Establishment Clause challenge must present evidence that the government aid in question has resulted in religious indoctrination. See 521 U. S., at 223-224, 226-227. We specifically relied on our statement in Zobrest that a presumption of indoctrination, because it constitutes an absolute bar to the aid in question regardless of the religious school's ability to separate that aid from its religious mission, constitutes a "flat rule, smacking of antiquated notions of 'taint,' [that] would indeed exalt form over substance." 509 U. S., at 13. That reasoning applies with equal force to the presumption in Meek and Ball concerning instructional materials and equipment. As we explained in Agostini, "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." 521 U. S., at 225.
Respondents contend that Agostini should be limited to its facts, and point specifically to the following statement from my separate opinion in Ball as the basis for retaining a presumption of religious inculcation for instructional materials and equipment:
"When full-time parochial school teachers receive public funds to teach secular courses to their parochial school students under parochial school supervision, I agree that the program has the perceived and actual effect of advancing the religious aims of the church-related schools. This is particularly the case where, as here, religion pervades the curriculum and the teachers are accustomed to bring religion to play in everything they teach." 473 U. S., at 399-400 (concurring in judgment in part and dissenting in part).
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