Supreme Court of United States.
As in Tilton and Roemer, we do not think the possibility that AFLA grants may go to religious institutions that can be considered "pervasively sectarian" is sufficient to conclude that no grants whatsoever can be given under the statute to religious organizations.
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In contrast, when the aid is to flow to religiously affiliated institutions that were not pervasively sectarian, as in Roemer, we refused to p that it would be used in a way that would Ladies seeking sex Kendrick Idaho the primary effect of advancing religion. Our first task in this regard is to consider whether appellees had standing to raise this claim.
Allen, U. Cohen, U. The District Court rejected this argument, however, reasoning that even if it is assumed that the AFLA was motivated in part by improper concerns, the parts of the statute to which appellees object were also motivated by other, entirely legitimate secular concerns. Given this statutory framework, there are two ways in which the statute, considered "on its face," might be said to have the impermissible primary effect of advancing religion.
It is unclear whether Congress ever envisioned that public funds would pay for a program during a session of which parents and teenagers would be instructed: "You want to know the church teachings on sexuality.
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See Tilton, U. Whatever Congress had in mind, however, it enacted a statute that facilitated and, indeed, encouraged the use of public funds for such instruction, by giving religious groups Ladiss central pedagogical and counseling role without imposing any restraints on the sectarian quality of the participation. The majority declines to accept the District Court's characterization Ladies seeking sex Kendrick Idaho the record, yet fails to review it independently, relying instead on its assumptions and casual observations about the character of the grantees and potential grantees.
The Secretary has promulgated a series of conditions to each grant, including a prohibition against teaching or promoting religion. Tax Comm'n, U.
Before we address this question, however, it Ladies seeking sex Kendrick Idaho useful to review again just what the AFLA sets out to do. Freeman; for Catholic Charities, U. First, any use of public funds to promote religious doctrines violates the Establishment Clause. In this lawsuit, nothing on the face of the AFLA indicates that a ificant proportion of the federal funds will be disbursed to "pervasively sectarian" institutions.
At the same time, as the dissent rightly points out, "[t]here is a very real and important difference between running a soup kitchen or a hospital, and counseling pregnant teenagers on how to make the difficult decisions facing them.
Instead, this litigation more closely resembles Tilton and Roemer, where it was foreseeable that some proportion of the recipients of government aid would be religiously affiliated, but that only a small portion of these, if any, could be considered "pervasively sectarian. Pine, and Bruce J.
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Put wet pussy in the subject line so I will know you are real. See, e. I nonetheless agree with the Court that the partnership between governmental and religious institutions contemplated by the AFLA need not result in constitutional violations, despite an undeniably greater risk than is present in cooperative undertakings that involve Laddies sensitive objectives.
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Given this statutory scheme, we Ladies seeking sex Kendrick Idaho not think that the absence of an express limitation on the use of federal funds for religious purposes means that the statute, on its face, has the primary effect of advancing religion. Ante, at Under the Lemon standard, which guides "[t]he general nature of our inquiry in this area," Mueller v.
In Aguilar, the Court feared that an adequate level of supervision would require extensive and permanent on-site monitoring, U. However, we did leave open the possibility that the statute might authorize grants which could be invalid, stating that "[i]ndividual projects can be properly evaluated if and when challenges arise with respect to particular recipients and some evidence is then presented to show that the institution does in fact possess" sectarian characteristics that might make a grant of aid to the institution constitutionally impermissible.
Statement in No. Nor does the alignment of the statute and the religious views of the grantees run afoul of our proscription against "fund[ing] a specifically religious activity in an otherwise substantially secular setting. Forsythe, Paul Arneson, and Michael J.
See ante, at, In the District Court's view, the record clearly established that the AFLA, as it has been administered by the Secretary, has LLadies fact directly advanced religion, provided funding for institutions that were "pervasively sectarian," or allowed federal funds to be used for education and counseling that "amounts to the teaching of religion. There is, then, precedent in this area of constitutional law for distinguishing between Kenddick validity of the statute on its face and its validity in particular applications.
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Though Ladies seeking sex Kendrick Idaho am not confident that the term "pervasively sectarian" is a well-founded juridical category, I recognize the thrust of our decisions that a statute which provides for exclusive or disproportionate funding to pervasively sectarian institutions may impermissibly advance religion and as such be invalid on its face. The AFLA defines an "eligible grant recipient" as a "public or nonprofit private organization or agency" which demonstrates the capability of providing the requisite services.
See Lynch, U. McConnell argued the cause for appellant in No. In other cases we have, in the course of determining the constitutionality of a statute, referred not only to the language of the statute but also to the manner in which it had been administered in practice.
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IVthereby "involv[ing] families[,]. The closest we came to such a holding Ladies seeking sex Kendrick Idaho in Tilton, sfx we struck down a provision of the statute that would have eliminated Government sanctions for seekong the statute's restrictions on religious uses of funds after 20 years. Considering the federal statute both "on its face" and "as applied," the District Court ruled that the statute violated the Establishment Clause of the First Amendment insofar as Ladies seeking sex Kendrick Idaho provided for the involvement of religious organizations in the federally funded programs.
Only in the context of aid to "pervasively sectarian" institutions have we invalidated an aid program on the grounds that there was a "substantial" risk that aid to these religious institutions would, knowingly or unknowingly, result in religious indoctrination. Roemer, we refused to p that it would be used in a way that would have the primary effect of advancing religion.
In seekking regard, then, the AFLA is similar to other statutes that this Court has upheld against Establishment Clause challenges in the past. As our discussion has indicated, and as Tilton, Seeming, and Roemer make clear, it is not enough to show that the recipient of a challenged grant is affiliated with a religious institution or that it is "religiously inspired.
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We consider each of these factors in turn. See Senate Report, at Hunter, Rachael N. Inthis lawsuit against the Secretary was filed in the United States District Court for the District of Columbia by appellees, a group of federal taxpayers, clergymen, and the American Jewish Congress. Felton, U.