876
Souter, J., dissenting
ity, had led to the formulation of a "test" that required secular, primary intent and effect as necessary conditions of any permissible scheme. Id., at 243. Again the Court split, upholding the state law in issue, but with Everson's majority author, Justice Black, now in dissent. What is remarkable about Allen today, however, is not so much its division as its methodology, for the consistency in the way the Justices went about deciding the case transcended their different conclusions. Neither side rested on any facile application of the "test" or any simplistic reliance on the generality or evenhandedness of the state law. Disagreement concentrated on the true intent inferrable behind the law, the feasibility of distinguishing in fact between religious and secular teaching in church schools, and the reality or sham of lending books to pupils instead of supplying books to schools. The majority, to be sure, cited the provision for books to all school-children, regardless of religion, 392 U. S., at 243, just as the Everson majority had spoken of the transportation reimbursement as going to all, 330 U. S., at 16, in each case for the sake of analogy to the provision of police and fire services.5 But the stress was on the practical significance of the actual benefits received by the schools. As Everson had rested on the understanding that no money and no support went to the school, id., at 18, Allen emphasized that the savings to parents were devoid of any measurable effect in teaching religion, 392 U. S., at 243-244. Justice Harlan, concurring, summed up the approach with his observations that the required government "[n]eutrality is . . . a coat of many colors," and quoted Justice Goldberg's conclusion, that there was " 'no simple and clear measure' . . . by which this or any [religious school aid] case may readily be decided," id., at 249 (quoting Schempp, 374 U. S., at 306).
5 Indeed, two of the dissenters in Allen agreed with the majority on this method of analysis, asking whether the books at issue were similar enough to fire and police protection. See 392 U. S., at 252 (Black, J., dissenting); id., at 272 (Fortas, J., dissenting).
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