Cite as: 533 U. S. 98 (2001)
Breyer, J., concurring in part
are surely proved correct today by the dissenters' inability to agree, even between themselves, into which subcategory of religious speech the Club's activities fell. If the distinction did have content, it would be beyond the courts' competence to administer. Widmar v. Vincent, supra, at 269, n. 6; cf. Lee v. Weisman, 505 U. S. 577, 616-617 (1992) (Souter, J., concurring) ("I can hardly imagine a subject less amenable to the competence of the federal judiciary, or more deliberately to be avoided where possible," than "comparative theology"). And if courts (and other government officials) were competent, applying the distinction would require state monitoring of private, religious speech with a degree of pervasiveness that we have previously found unacceptable. See, e. g., Rosenberger v. Rector and Visitors of Univ. of Va., supra, at 844-845; Widmar v. Vincent, supra, at 269, n. 6. I will not endorse an approach that suffers such a wondrous diversity of flaws.
* * *
With these words of explanation, I join the opinion of the Court.
Justice Breyer, concurring in part.
I agree with the Court's conclusion and join its opinion to the extent that they are consistent with the following three observations. First, the government's "neutrality" in respect to religion is one, but only one, of the considerations relevant to deciding whether a public school's policy violates the Establishment Clause. See, e. g., Mitchell v. Helms, 530 U. S. 793, 839 (2000) (O'Connor, J., concurring in judgment);
374 U. S. 203, 225 (1963) (State schools in their official capacity may not teach religion but may teach about religion). Whatever the rule there, licensing and monitoring private religious speech is an entirely different matter, see, e. g., Kunz v. New York, 340 U. S. 290, 293-294 (1951), even in a limited public forum where the State has some authority to draw subject-matter distinctions.
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