REHNQUIST, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

473 U.S. 373

School District of the City of Grand Rapids v. Ball

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

JUSTICE REHNQUIST, dissenting.

I dissent for the reasons stated in my dissenting opinion in Wallace v. Jaffree, 472 U.S. 38 (1985). The Court relies heavily on the principles of Everson v. Board of Education, 330 U.S. 1 (1947), and McCollum v. Board of Education, 333 U.S. 203 (1948), ante at 381-382, 390, 391, 392, but declines [p401] to discuss the faulty "wall" premise upon which those cases rest. In doing so, the Court blinds itself to the first 150 years' history of the Establishment Clause.

The Court today attempts to give content to the "effects" prong of the Lemon test by holding that a "symbolic link between government and religion" creates an impermissible effect. Ante at 473 U.S. 385"]385. But one wonders how the teaching of "Math Topics," "Spanish," and "Gynmastics," which is struck down today, creates a greater "symbolic link" than the municipal creche upheld in 385. But one wonders how the teaching of "Math Topics," "Spanish," and "Gynmastics," which is struck down today, creates a greater "symbolic link" than the municipal creche upheld in Lynch v. Donnelly, 465 U.S. 668"]465 U.S. 668 (1984), or the legislative chaplain upheld in 465 U.S. 668 (1984), or the legislative chaplain upheld in Marsh v. Chambers, 463 U.S. 783 (1983).

A most unfortunate result of this case is that, to support its holding, the Court, despite its disclaimers, impugns the integrity of public school teachers. Contrary to the law and the teachers' promises, they are assumed to be eager inculcators of religious dogma, see ante at 387-389, requiring, in the Court's words, "ongoing inspection." Aguilar v. Felton, post, at 412; see ante at 387-389. Not one instance of attempted religious inculcation exists in the records of the school-aid cases decided today, even though both the Grand Rapids and New York programs have been in operation for a number of years. I would reverse.