Cite as: 530 U. S. 793 (2000)
Souter, J., dissenting
gious testing). A substantial risk of diversion in this case was more than clear, as the plurality has conceded. The First Amendment was violated.
But the record here goes beyond risk, to instances of actual diversion. What one would expect from such paltry efforts at monitoring and enforcement naturally resulted, and the record strongly suggests that other, undocumented diversions probably occurred as well. First, the record shows actual diversion in the library book program. App. 132a-133a. Although only limited evidence exists, it contrasts starkly with the records of the numerous textbook programs that we have repeatedly upheld, where there was no evidence of any actual diversion. See Allen, 392 U. S., at 244-245; Meek, supra, at 361-362; Wolman, supra, at 237- 238. Here, discovery revealed that under Chapter 2, non-public schools requested and the government purchased at least 191 religious books with taxpayer funds by December 1985.27 App. 133a. Books such as A Child's Book of Prayers, id., at 84a, and The Illustrated Life of Jesus, id., at 132a,
27 The plurality applies inconsistent standards to the evidence. Although the plurality finds more limited evidence of actual diversion sufficient to support a general finding of diversion in the computer and instructional materials context, even in the face of Justice O'Connor's objections, it fails to find a violation of the prohibition against providing aid with religious content based on the more stark, undisputed evidence of religious books. Compare ante, at 832-834, and nn. 14-17, with ante, at 834-835. As a matter of precedent, the correct evidentiary standard is clearly the former: "[A]ny use of public funds to promote religious doctrines violates the Establishment Clause." Bowen, 487 U. S., at 623 (O'Connor, J., concurring). We have never before found any actual diversion or allowed a risk of it; we have struck down policies that might permit it, e. g., Tilton, 403 U. S., at 682-684, or have remanded for specific factual findings about whether diversion occurred, Bowen, supra, at 621. See supra, at 890-895. As a matter of principle, this low threshold is required to safeguard the values of the First Amendment. Madison's words make clear that even a small infringement of the prohibition on compelled aid to religion is odious to the freedom of conscience. No less does it open the door to the threat of corruption or to a return to religious conflict.
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