Mitchell v. Helms — Souter, J., Dissenting

Summary

Justice Souter, joined by Justices Stevens and Ginsburg, dissents, arguing the Establishment Clause prohibits public aid to religious missions. He contends neutrality and evenhandedness alone are insufficient to justify aid that diverts to religious purposes. In this case, the Jefferson Parish program provided material aid to religious schools with insufficient safeguards against diversion. Justice O’Connor concurred in the judgment, applying Agostini and rejecting a per se divertibility rule.