In the case of Meek v. Pittenger, 1974, the U.S Supreme Court examined Pennsylvania's Nonpublic Elementary and Secondary Education Act which allowed public funds to be used for secular educational services in private schools. The court ruled that providing instructional materials and equipment directly to non-public elementary and secondary schools violated the Establishment Clause of First Amendment as it constituted government support for religious institutions. Additionally, they found that publicly funded auxiliary services such as guidance counseling or remedial classes could not be held on premises of religiously affiliated schools without breaching constitutional boundaries between church and state. However, the court upheld a provision allowing states to lend textbooks free-of-charge to all students including those attending private schools since this was deemed beneficial primarily towards parents rather than aiding religious organizations.

In the dissenting opinion for Meek v. Pittenger, Justice William Rehnquist disagreed with the majority's view that providing textbooks and instructional materials to nonpublic schools violated the Establishment Clause of the First Amendment. He argued that such aid was not a direct benefit to religious institutions but rather an indirect one aimed at improving education for all students regardless of their school type. Furthermore, he contended that this assistance did not promote any particular religion nor coerce anyone into supporting or participating in religious practices against their will; hence it did not breach constitutional boundaries separating church and state. Additionally, he pointed out inconsistencies in previous rulings on similar cases by highlighting how some forms of government aid were deemed acceptable while others were struck down without clear reasoning behind these distinctions.