Mitchell v. Helms, 530 U.S. 793, 86 (2000)

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

Souter, J., dissenting

"neutral" toward religion. In practical terms, "neutral" in Everson was simply a term for government in its required median position between aiding and handicapping religion. The second major case on aid to religious schools, Allen, used "neutrality" to describe an adequate state of balance between government as ally and as adversary to religion, see 392 U. S., at 242 (discussing line between "state neutrality to religion and state support of religion"). The term was not further defined, and a few subsequent school cases used "neutrality" simply to designate the required relationship to religion, without explaining how to attain it. See, e. g., Tilton v. Richardson, 403 U. S. 672, 677 (1971) (describing cases that "see[k] to define the boundaries of the neutral area between [the Religion Clauses] within which the legislature may legitimately act"); Roemer v. Board of Public Works of Md., 426 U. S. 736, 747 (1976) (plurality opinion of Blackmun, J.) ("Neutrality is what is required. The State must confine itself to secular objectives, and neither advance nor impede religious activity. Of course, that principle is more easily stated than applied"); see also Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U. S. 756, 782 (1973) (de-scribing "neutral posture" toward religion); Roemer, supra, at 745-746 (opinion of Blackmun, J.) ("The Court has enforced a scrupulous neutrality by the State, as among religions, and also as between religious and other activities"); cf. Wolman v. Walter, 433 U. S. 229, 254 (1977) (quoting Lemon and noting difficulty of religious teachers' remaining " 'religiously neutral' ").

The Court began to employ "neutrality" in a sense different from equipoise, however, as it explicated the distinction between "religious" and "secular" benefits to religious schools, the latter being in some circumstances permissible. See infra, at 884-899 (discussing considerations). Even though both Everson and Allen had anticipated some such distinction, neither case had used the term "neutral" in this way. In Everson, Justice Black indicated that providing

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