Opinion [ Souter ] | Dissent [ Scalia ] | Concurrence [ Stevens ] | Concurrence [ O'Connor ] | Concurrence [ Kennedy ] |
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Nos. 93-517, 93-527 and 93-539
on writs of certiorari to the court of appeals of new york
[
Justice
Affirmative state action in aid of segregation of this character is unlike the evenhanded distribution of a public benefit or service, a "release time" program for public school students involving no public premises or funds, or a decision to grant an exemption from a burdensome general rule. It is, I believe, fairly characterized as establishing, rather than merely accommodating, religion. For this reason, as well as the reasons set out in Justice Souter's opinion, I am persuaded that the New York law at issue in these cases violates the Establishment Clause of the First Amendment.