Cite as: 530 U. S. 793 (2000)
Souter, J., dissenting
cannot consistently with the 'establishment of religion' clause of the First Amendment contribute tax-raised funds to the support of an institution which teaches the tenets and faith of any church"); id., at 18 ("The State contributes no money to the schools. It does not support them"); Allen, 392 U. S., at 243-244 ("[N]o funds or books are furnished to parochial schools, and the financial benefit is to parents and children, not schools"); Walz, supra, at 675 ("Obviously a direct money subsidy would be a relationship pregnant with involvement and, as with most governmental grant programs, could encompass sustained and detailed administrative relationships for enforcement of statutory or administrative standards"); Lemon, supra, at 612 (identifying "three main evils" against which Establishment Clause was to protect as "sponsorship, financial support, and active involvement of the sovereign in religious activity," citing Walz); 403 U. S., at 621 (distinguishing direct financial aid program from Everson and Allen and noting problems with required future surveillance); Nyquist, 413 U. S., at 762, 774 (striking down "direct money grants" for maintaining buildings because there was no attempt to restrict payments to those expenditures related exclusively to secular purposes); Levitt, 413 U. S., at 480, 482 (striking down "direct money grant" for testing expenses); 12 Hunt v.
in their attempts to segregate their religious beliefs from their secular educational responsibilities. But the potential for impermissible fostering of religion is present. The [state legislature] has not, and could not, provide state aid on the basis of a mere assumption that secular teachers under religious discipline can avoid conflicts. The State must be certain, given the Religion Clauses, that subsidized teachers do not inculcate religion . . . . A comprehensive, discriminating, and continuing state surveillance will inevitably be required to ensure that these restrictions are obeyed and the First Amendment otherwise respected").
12 It is true that we called the importance of the cash payment consideration into question in Committee for Public Ed. and Religious Liberty v. Regan, 444 U. S. 646, 657-659 (1980) (approving program providing religious school with "direct cash reimbursement" for expenses of standardized testing). In that case, we found the other safeguards against the diversion of such funds to religious uses sufficient to allow such aid: "A
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