determining that contacts between state and colleges for purposes of administering aid program “are not likely to be any more entangling than the inspections and audits incident to the normal process of the colleges’ accredi-tations by the State”
How later courts described this case
- determining that contacts between state and colleges for purposes of administering aid program “are not likely to be any more entangling than the inspections and audits incident to the normal process of the colleges’ accredi-tations by the State”
- finding that annual aid payments to a religious university are constitutional because there is no impermissible effect when the institution is not "so permeated by religion" that secular cannot be separated from religious instruction
- finding no excessive entanglement where the government's contacts with a religiously-affiliated college were "not likely to be any more entangling than the inspections and audits incident to the normal process of colleges' accreditations by the State"
- holding there was no excessive entanglement where State conducts annual audits to ensure that categorical state grants to religious colleges are not used to teach religion
Written by the judges who cited it.
Later courts went against this
Questioned by Employment Security Administration v. Baltimore Lutheran High School Ass'n, 291 Md. 750 (1981)
Our reliance on the factors utilized in Horace Mann is not to be construed as indicating the continuing validity of the holding of that case in light of Roemer.
The opinion
Mr. Justice Stevens,
dissenting.
My views are substantially those expressed by Mr. Justice Brennan. However, I would add emphasis to the pernicious tendency of a state subsidy to tempt religious schools to compromise their religious mission without wholly abandoning it. The disease of entanglement may infect a law discouraging wholesome religious activity as well as a law encouraging the propagation of a given faith.