van orden perry official capacity governor texas chairman state preservation board et argued march decided june among historical markers monuments surrounding texas state capitol monolith inscribed ten commandments legislative record illustrates accepting monument fraternal order eagles national social civic patriotic organization state selected site based recommendation state organization maintains capitol grounds petitioner austin resident encounters monument frequent visits grounds brought suit seeking declaration monument placement violates first amendment establishment clause injunction requiring removal holding monument contravene clause district found state valid secular purpose recognizing commending eagles efforts reduce juvenile delinquency reasonable observer mindful history purpose context conclude passive monument conveyed message state endorsed religion fifth circuit affirmed held judgment affirmed affirmed chief justice joined justice scalia justice kennedy justice thomas concluded establishment clause allows display monument inscribed ten commandments texas state capitol grounds reconciling strong role played religion religious traditions throughout nation history see school dist abington township schempp principle governmental intervention religious matters endanger religious freedom requires neither abdicate responsibility maintain division church state evince hostility religion zorach clauson sometimes pointed lemon kurtzman governing test lemon useful dealing sort passive monument texas erected capitol grounds instead analysis driven monument nature nation history least unbroken history official acknowledgment three branches government religion role american life lynch donnelly texas display commandments government property typical acknowledgments representations commandments appear throughout grounds well nation capital moreover opinions like building recognized role decalogue plays america heritage see mcgowan maryland commandments religious undeniable historical meaning simply religious content promoting message consistent religious doctrine run afoul establishment clause see lynch donnelly supra course limits government display religious messages symbols example held unconstitutional kentucky statute requiring posting ten commandments every public schoolroom stone graham however neither stone subsequent opinions indicated stone holding extend beyond context public schools legislative chamber see marsh chambers capitol grounds texas placement commandments monument capitol grounds far passive use texts case stone text confronted elementary school students every day indeed petitioner apparently walked monument years bringing suit schempp supra lee weisman distinguished texas treated capitol grounds monuments representing several strands state political legal history inclusion commandments monument group dual significance partaking religion government said violate establishment clause pp justice breyer concluded difficult borderline case none various tests evaluating establishment clause questions substitute exercise legal judgment see school dist abington township schempp goldberg concurring judgment personal judgment rather constitutional cases must reflect remain faithful underlying purposes first amendment religion clauses assure fullest possible scope religious liberty tolerance avoid religious divisiveness promotes social conflict maintain separation church state exact formula dictate resolution cases despite commandments religious message inquiry context text commandments used demonstrates commandments also convey secular moral message proper standards social conduct message historic relation standards law circumstances surrounding monument placement capitol grounds physical setting provide strong conclusive indication commandments text used monument conveys predominantly secular message determinative factor however years passed monument presence legally speaking went unchallenged single legal objection raised petitioner years suggest strongly set formulaic tests individuals whatever belief systems likely understood monument amounting significantly detrimental way government effort establish religion see ibid public visiting capitol grounds likely considered religious aspect tablets message part broader moral historical message reflective cultural heritage reasons texas display falls permissible side constitutional line pp rehnquist announced judgment delivered opinion scalia kennedy thomas joined scalia thomas filed concurring opinions breyer filed opinion concurring judgment stevens filed dissenting opinion ginsburg joined filed dissenting opinion souter filed dissenting opinion stevens ginsburg joined thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june chief justice rehnquist announced judgment delivered opinion justice scalia justice kennedy justice thomas join question whether establishment clause first amendment allows display monument inscribed ten commandments texas state capitol grounds hold acres surrounding texas state capitol contain monuments historical markers commemorating people ideals events compose texan identity tex con res leg monolith challenged stands high wide located north capitol building capitol building primary content text ten commandments eagle grasping american flag eye inside pyramid two small tablets appears ancient script carved text ten commandments text two stars david superimposed greek letters chi rho represent christ bottom monument bears inscription presented people youth texas fraternal order eagles texas app pet cert legislative record surrounding state acceptance monument eagles national social civic patriotic organization limited legislative journal entries monument accepted state selected site monument based recommendation state organization responsible maintaining capitol grounds eagles paid cost erecting monument dedication presided two state legislators petitioner thomas van orden native texan resident austin one time licensed lawyer graduated southern methodist law school van orden testified since encountered ten commandments monument frequent visits capitol grounds visits typically purpose using law library building located northwest capitol building forty years monument erection six years van orden began encounter monument frequently sued numerous state officials official capacities rev stat seeking declaration monument placement violates establishment clause injunction requiring removal bench trial district held monument contravene establishment clause found state valid secular purpose recognizing commending eagles efforts reduce juvenile delinquency district also determined reasonable observer mindful history purpose context conclude passive monument conveyed message state seeking endorse religion appeals affirmed district holdings respect monument purpose effect granted certiorari affirm cases januslike point two directions applying establishment clause one face looks toward strong role played religion religious traditions throughout nation history observed school dist abington township schempp true religion closely identified history government fact founding fathers believed devotedly god unalienable rights man rooted clearly evidenced writings mayflower compact constitution truly said therefore today beginning national life reflects religious people words madison praying duty bound lawgiver universe guide every measure may worthy blessing face looks toward principle governmental intervention religious matters endanger religious freedom case like establishment clause challenges presents us difficulty respecting faces institutions presuppose yet institutions must press religious observances upon citizens one face looks past acknowledgment nation heritage looks present demanding separation church state reconciling two faces requires neither abdicate responsibility maintain division church state evince hostility religion disabling government ways recognizing religious heritage state encourages religious instruction cooperates religious authorities adjusting schedule public events sectarian needs follows best traditions respects religious nature people accommodates public service spiritual needs hold may find constitution requirement government show callous indifference religious groups find constitutional requirement makes necessary government hostile religion throw weight efforts widen effective scope religious influence zorach clauson see also rosenberger rector visitors univ warning risk fostering pervasive bias hostility religion undermine neutrality establishment clause requires two faces evident representative cases laws establishment clause last years sometimes pointed lemon kurtzman providing governing test establishment clause compare wallace jaffree applying lemon marsh chambers applying lemon yet two years lemon decided noted factors identified lemon serve helpful signposts hunt mcnair many recent cases simply applied lemon test see zelman good news club milford central school others applied concluding challenged practice invalid different establishment clause test whatever may fate lemon test larger scheme establishment clause jurisprudence think useful dealing sort passive monument texas erected capitol grounds instead analysis driven nature monument nation history explained lynch donnelly unbroken history official acknowledgment three branches government role religion american life least example houses passed resolutions asking president george washington issue thanksgiving day proclamation recommend people day public thanksgiving prayer observed acknowledging grateful hearts many signal favors almighty god annals cong president washington proclamation directly attributed foundations successes young nation therefore recommend assign thursday day november next devoted people service great glorious beneficent author good may unite rendering unto sincere humble thanks kind care protection people country previous becoming nation signal manifold mercies favorable interpositions providence course conclusion late war great degree tranquillity union plenty since enjoyed peaceable rational manner enabled establish constitutions government safety happiness particularly national one lately instituted civil religious liberty blessed means acquiring diffusing useful knowledge general great various favors pleased confer upon us richardson messages papers presidents recognition role god nation heritage also reflected decisions acknowledged example religion closely identified history government school dist abington township schempp recognition led us hold establishment clause permits state legislature open daily sessions prayer chaplain paid state marsh chambers see separate opinion frankfurter case faced display ten commandments government property outside texas state capitol acknowledgments role played ten commandments nation heritage common throughout america need look within courtroom since moses stood holding two tablets reveal portions ten commandments written hebrew among lawgivers south frieze representations ten commandments adorn metal gates lining north south sides courtroom well doors leading courtroom moses also sits exterior east facade building holding ten commandments tablets similar acknowledgments seen throughout visitor tour nation capital example large statue moses holding ten commandments alongside statue apostle paul overlooked rotunda library congress jefferson building since jefferson building great reading room contains sculpture woman beside ten commandments quote old testament micah medallion two tablets depicting ten commandments decorates floor national archives inside department justice statue entitled spirit law two tablets representing ten commandments lying feet front ronald reagan building another sculpture includes depiction ten commandments sculpture depicting among things ten commandments cross stands outside federal courthouse houses appeals district district columbia moses also prominently featured chamber house opinions like building recognized role decalogue plays america heritage see mcgowan maryland separate opinion frankfurter executive legislative branches also acknowledged historical role ten commandments see public papers presidents harry truman con res sess con res sess displays recognitions ten commandments bespeak rich american tradition religious acknowledgments course ten commandments religious viewed inception remain monument therefore religious significance according belief ten commandments given moses god mt sinai moses lawgiver well religious leader ten commandments undeniable historical meaning foregoing examples demonstrate simply religious content promoting message consistent religious doctrine run afoul establishment clause see lynch donnelly course limits display religious messages symbols example held unconstitutional kentucky statute requiring posting ten commandments every public schoolroom stone graham per curiam classroom context found kentucky statute improper plainly religious purpose evidenced stone almost exclusive reliance upon two school prayer cases citing school dist abington township schempp engel vitale stands example fact particularly vigilant monitoring compliance establishment clause elementary secondary schools edwards aguillard compare lee weisman holding unconstitutional prayer secondary school graduation marsh chambers supra upholding prayer state legislature indeed edwards aguillard recognized stone along schempp engel consequence particular concerns arise context public elementary secondary schools neither stone subsequent opinions indicated stone holding extend legislative chamber see marsh chambers supra capitol placement ten commandments monument texas state capitol grounds far passive use texts case stone text confronted elementary school students every day indeed van orden petitioner apparently walked monument number years bringing lawsuit monument therefore also quite different prayers involved schempp lee weisman texas treated capitol grounds monuments representing several strands state political legal history inclusion ten commandments monument group dual significance partaking religion government say texas display monument violates establishment clause first amendment judgment appeals affirmed ordered thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june justice scalia concurring join opinion chief justice think accurately reflects current establishment clause jurisprudence least establishment clause jurisprudence currently apply time prefer reach result adopting establishment clause jurisprudence accord nation past present practices consistently applied central relevant feature nothing unconstitutional state favoring religion generally honoring god public prayer acknowledgment nonproselytizing manner venerating ten commandments see mccreary county american civil liberties union post scalia dissenting thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june justice thomas concurring holds ten commandments monument found texas state capitol grounds violate establishment clause rather trying suggest meaninglessness meaning chief justice rightly recognizes monument religious significance ante properly recognizes role religion nation history permissibility government displays acknowledging history ante reasons join chief justice opinion full case easy willing abandon inconsistent guideposts adopted addressing establishment clause challenges return original meaning clause previously suggested clause text history resis incorporation see elk grove unified school dist newdow opinion concurring judgment see also zelman opinion concurring establishment clause restrain application state action issue even clause incorporated free exercise clause limits power establish religions see cutter wilkinson slip thomas concurring task far simpler returned original meaning word establishment various approaches uses framers understood establishment necessarily involve actual legal coercion newdow supra thomas concurring judgment lee weisman scalia dissenting coercion hallmark historical establishments religion coercion religious orthodoxy financial support force law threat penalty words establishment founding involved example mandatory observance mandatory payment taxes supporting ministers cutter supra slip thomas concurring government practices nothing creating maintaining coercive state establishments simply implicate possible liberty interest free coercive state establishments newdow supra thomas concurring judgment question based original meaning establishment clause ten commandments display issue constitutional sense texas compel petitioner van orden anything injury takes offense seeing monument passes way texas library need stop read even look let alone express support adopt commandments guides life mere presence monument along path involves coercion thus violate establishment clause returning original meaning simplify task also avoid pitfalls present current approach challenges precedent elevates trivial proverbial federal case making benign signs postings subject challenge yet even precedent attempts avoid declaring religious symbols words longstanding tradition unconstitutional counterfactually declaring little religious significance even cases recognize symbols religious meaning adopt unhappy compromise fails fully account either adherent nonadherent beliefs provides principled way choose even worse incoherence decisions area renders establishment clause impenetrable incapable consistent application told jurisprudence leaves courts governments believers nonbelievers alike confused observation hardly new see newdow supra thomas concurring judgment collecting cases first precedent permits even slightest public recognition religion constitute establishment religion example individuals frequenting county courthouse successfully challenged establishment clause violation sign courthouse alerting public building closed good friday containing high crucifix granzeier middleton supp ed aff grounds similarly park ranger claimed cross erected honor world war veterans rock mojave desert preserve violated establishment clause see buono norton supp cd cal cross middle desert establishes religion religious observance safe challenge still suits charged city seals containing religious symbols violate establishment clause see robinson edmond murray austin friedman board cty bernalillo en banc every instance litigants mere assersby free ignore symbols signs even turn backs free disagree form government speech county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring part dissenting part second seeming attempt balance willingness consider almost acknowledgment religion establishment cases members concluded term symbol issue religious meaning virtue ubiquity rote ceremonial invocation see concurring lynch donnelly brennan dissenting words god religious significance example last term challenge recitation pledge allegiance includes phrase one nation god declaration country nation necessarily entail affirmation god exists newdow supra thomas concurring judgment phrase thus anathema reject god existence validation existence accept telling either nonbelievers believers words god meaning contradicts know true moreover repetition deprive religious words symbols traditional meaning words like god vulgarities shock value diminishes successive utterance even precedents recognize religious meaning symbols words recognition fails respect fully religious belief disbelief looks meaning observer indeterminate religious affiliation knows facts circumstances surrounding challenged display see capitol square review advisory bd pinette concurring presuming reasonable observer aware history context community forum religious display appears looking view unusually informed observer inquires whether sign display sends ancillary message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community santa fe independent school dist doe quoting lynch supra concurring analysis fully satisfying either nonadherents adherents nonadherent may well sensitive hypothetical reasonable observer may know facts test fails capture completely honest deeply felt offense takes government conduct adherent analysis takes account message sent removal sign display may well appear act hostile religious faith foray religious meaning either gives insufficient weight views nonadherents adherents alike provides principled way choose views sum effort assess religious meaning fraught futility finally flexibility establishment clause precedent leaves incapable consistent application see edwards aguillard scalia dissenting criticizing lemon test flexibility absence principled rationale internal quotation marks omitted inconsistency decisions reaches today case mccreary county american civil liberties union post compounds confusion unintelligibility precedent raises concern either appearance fact adjudication establishment clause challenges turns judicial predilections see harris zion lake easterbrook dissenting line drawing area erratic heavily influenced personal views judges post breyer concurring judgment see substitute exercise legal judgment outcome constitutional cases rest firmer grounds personal preferences judges much avoided return views framers adopt coercion touchstone establishment clause inquiry every acknowledgment religion give rise establishment clause claim courts act theological commissions judging meaning religious matters important precedent capable consistent coherent application correctly rejects challenge ten commandments monument texas capitol grounds fundamental rethinking establishment clause jurisprudence remains order thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june justice breyer concurring judgment school dist abington township schempp justice goldberg joined justice harlan wrote respect first amendment religion clauses simple clear measure precise application readily invariably demark permissible impermissible concurring opinion one must refer instead basic purposes clauses seek assure fullest possible scope religious liberty tolerance seek avoid divisiveness based upon religion promotes social conflict sapping strength government religion alike zelman breyer dissenting seek maintain separation church state long critical peaceful dominion religion exercises country spirit religion spirit freedom productively reign ing together separate spheres soil de tocqueville democracy america mansfield winthrop transls eds seek basic principles set forth today justice concurring opinion mccreary county american civil liberties union post made clear justices goldberg harlan noted realization goals means government must neither engage compel religious practices must effect favoritism among sects religion nonreligion must work deterrence religious belief schempp supra concurring opinion see also lee weisman everson board ed ewing government must avoid excessive interference promotion religion see generally county allegheny american civil liberties union greater pittsburgh chapter zelman supra breyer dissenting establishment clause compel government purge public sphere way partakes religious see marsh chambers absolutism inconsistent national traditions see lemon kurtzman lynch donnelly also tend promote kind social conflict establishment clause seeks avoid thus justices goldberg harlan pointed found single mechanical formula accurately draw constitutional line every case see schempp concurring opinion establishment clause issue tests designed measure neutrality alone insufficient sometimes difficult determine legal rule neutral untutored devotion concept neutrality lead invocation approval results partake simply noninterference noninvolvement religious constitution commands brooding pervasive devotion secular passive even active hostility religious ibid neither tests readily explain establishment clause tolerance example prayers open legislative meetings see marsh supra certain references invocations deity public words public officials public references god coins decrees buildings attention paid religious objectives certain holidays including thanksgiving see lemon supra setting forth come known lemon test lynch supra concurring setting forth endorsement test capitol square review advisory bd pinette stevens dissenting agreeing endorsement test apply criticizing reasonable observer standard santa fe independent school dist doe rehnquist dissenting noting lemon checkered career decisional law county allegheny supra kennedy joined rehnquist white scalia concurring judgment part dissenting part criticizing lemon test relation government religion one separation mutual hostility suspicion one inevitably find difficult borderline cases cases see substitute exercise legal judgment see schempp supra goldberg concurring cf zelman supra breyer dissenting need similar exercise judgment quantitative considerations matter judgment personal judgment rather constitutional cases must reflect remain faithful underlying purposes clauses must take account context consequences measured light purposes prior tests provide useful guideposts might well lead result reaches today see lemon supra capitol square supra concurring part concurring judgment exact formula dictate resolution cases case us borderline case concerns large granite monument bearing text ten commandments located grounds texas state capitol one hand commandments text undeniably religious message invoking indeed emphasizing diety hand focusing text commandments alone conclusively resolve case rather determine message text conveys must examine text used inquiry requires us consider context display certain contexts display tablets ten commandments convey simply religious message also secular moral message proper standards social conduct certain contexts display tablets also convey historical message historic relation standards law fact helps explain display tablets dozens courthouses throughout nation including see generally app brief amicus curiae tablets used part display communicates simply religious message secular message well circumstances surrounding display placement capitol grounds physical setting suggest state intended latter nonreligious aspects tablets message predominate monument history texas state grounds indicates effect group donated monument fraternal order eagles private civic primarily secular organization interested religious aspect ten commandments sought highlight commandments role shaping civic morality part organization efforts combat juvenile delinquency see tex laws eagles consultation committee composed members several faiths order find nonsectarian text underscores group motives see brief respondents tablets displayed monument prominently acknowledge eagles donated display factor though sufficient thereby distances state religious aspect commandments message physical setting monument moreover suggests little nothing sacred see appendix infra monument sits large park containing monuments historical markers designed illustrate ideals settled texas lived since time tex con res leg see appendix infra setting readily lend meditation religious activity provide context history moral ideals together display inscription origin communicates visitors state sought reflect moral principles illustrating relation ethics law state citizens historically speaking endorsed say context suggests state intended display moral message illustrative message reflecting historical ideals texans predominate factors provide strong conclusive indication commandments text monument conveys predominantly secular message factor determinative far tell years passed presence monument legally speaking went unchallenged single legal objection raised petitioner aware evidence suggesting due climate intimidation hence years suggest strongly set formulaic tests individuals whatever system beliefs likely understood monument amounting significantly detrimental way government effort favor particular religious sect primarily promote religion nonreligion engage religious practic compel religious practic work deterrence religious belief schempp goldberg concurring years suggest public visiting capitol grounds considered religious aspect tablets message part broader moral historical message reflective cultural heritage case moreover distinguishable instances found ten commandments displays impermissible display grounds public school given impressionability young government must exercise particular care separating church state see weisman per curiam case also differs mccreary county short stormy history courthouse commandments displays demonstrates substantially religious objectives mounted effect readily apparent objective upon view see post opinion history indicates governmental effort substantially promote religion simply effort primarily reflect historically secular impact religiously inspired document today world nation many different religious comparable nonreligious fundamental beliefs contemporary state effort focus attention upon religious text certainly likely prove divisive way longstanding monument reasons believe texas display serving mixed primarily nonreligious purpose primarily advanc ing inhibit ing religion creating excessive government entanglement religion might satisfy formal establishment clause tests lemon internal quotation marks omitted see also capitol square concurring part concurring judgment said reaching conclusion texas display falls permissible side constitutional line rely less upon literal application particular test upon consideration basic purposes first amendment religion clauses display stood apparently uncontested nearly two generations experience helps us understand practical matter degree display unlikely prove divisive matter degree believe critical borderline case one time reach contrary conclusion based primarily upon religious nature tablets text fear lead law exhibit hostility toward religion place establishment clause traditions holding might well encourage disputes concerning removal longstanding depictions ten commandments public buildings across nation thereby create kind religiously based divisiveness establishment clause seeks avoid zelman breyer dissenting justices goldberg harlan concluded schempp first amendment prohibit practices realistic measure create none dangers designed prevent directly substantially involve state religious exercise favoring religion meaningful practical impact concurring opinion kind practice recognize danger slippery slope still establishment clause issue must distinguish real threat mere shadow ibid shadow light considerations agree today plurality analysis see ante agree justice scalia dissent mccreary county post agree justice statement principles mccreary county post though disagree evaluation evidence bears application principles case concur judgment thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june justice stevens justice ginsburg joins dissenting sole function monument grounds texas state capitol display full text one version ten commandments monument work art refer event history state significant communicates following message lord thy god thou shalt gods thou shalt make thyself graven images thou shalt take name lord thy god vain remember sabbath day keep holy honor thy father thy mother thy days may long upon land lord thy god giveth thee thou shalt kill thou shalt commit adultery thou shalt steal thou shalt bear false witness thy neighbor thou shalt covet thy neighbor house thou shalt covet thy neighbor wife manservant maidservant cattle anything thy neighbor see appendix viewed face texas display purported connection god role formation texas founding nation provide reasonable observer basis guess erected honor individual organization message transmitted texas chosen display quite plain state endorses divine code god us learned recite king james version text long understood meaning words god commandments may seem like wise counsel question however whether counsel state texas may proclaim without violating establishment clause constitution fragment jefferson metaphorical wall separation church state preserved remains meaning wholesome establishment clause cases speak school dist abington township schempp negative answer question mandatory judgment least establishment clause created strong presumption display religious symbols public property see county allegheny american civil liberties union greater pittsburgh chapter stevens concurring part dissenting part capitol square review advisory bd pinette stevens dissenting adornment public spaces displays religious symbols messages undoubtedly provides comfort even inspiration many individuals subscribe particular faiths unfortunately practice also runs risk offend ing nonmembers faith advertised well adherents consider particular advertisement disrespectful allegheny county stevens concurring part dissenting part government obligation avoid divisiveness exclusion religious sphere compelled establishment free exercise clauses together erect wall separation church metaphorical wall protects principles long recognized often recited cases first fundamental principles one majority today affirms establishment clause demands religious neutrality government may exercise preference one religious faith another see mccreary county american civil liberties union post essential command however merely prohibition government differentiation among religious sects repeatedly reaffirmed neither state federal government constitutionally pass laws impose requirements aid religions neither aid religions based belief existence god religions founded different beliefs torcaso watkins omitted principle based straightforward notion governmental promotion orthodoxy saved aggregation several orthodoxies state banner see abington acknowledgments broad understanding neutrality principle legion strong arguments contrary raised time time perhaps strongest rehnquist scholarly dissent wallace jaffree powerful argument squarely rejected thereby reaffirmed principle establishment clause requires respect atheist adherent christian faith wrote unambiguously concluded individual freedom conscience protected first amendment embodies right select religious faith none restating principle discount importance avoiding overly strict interpretation metaphor often used define reach establishment clause plurality correct note religion religious traditions played strong role throughout nation history ante often recognized unbroken history official acknowledgment role religion american life lynch donnelly accord edwards aguillard powell concurring given history unsurprising religious symbol may times become important feature familiar landscape reminder important event history community wall separates church state prohibit government acknowledging religious beliefs practices american people require governments hide works art historic memorabilia public view also religious significance case however historic preservation mere recognition religion issue obfuscated rather clarified simplistic commentary various ways religion played role american life see ante plurality opinion recitation many extant governmental acknowledgments role ten commandments played nation ante surely mere compilation religious symbols none includes full text commandments exhibited different settings marginal relevance question presented case monolith displayed texas capitol grounds discounted passive acknowledgment religion state refusal remove upon objection explained simple desire preserve historic relic nation resolute commitment neutrality respect religion flatly inconsistent plurality wholehearted validation official state endorsement message one one god ii ten commandments monument donated state texas purpose commemorating noteworthy event texas history signifying commandments influence development secular law even denoting religious beliefs texans time contrary donation one hundred largely identical monoliths thousand paper replicas distributed state local governments throughout nation course several decades ambitious project work fraternal order eagles benevolent organization whose good works earned praise several story goes program initiated late judge ruegemer minnesota juvenile judge eagles national commission youth guidance inspired juvenile offender never heard ten commandments judge approached minnesota eagles idea distributing paper copies commandments posted courthouses nationwide state aerie undertook project popularity spread cecil demille time filming movie ten commandments heard judge endeavor teamed eagles produce type granite monolith displayed front texas capitol courthouse squares city halls public parks throughout nation granite reportedly chosen demille original suggestion bronze plaques better replicate original ten donors motivated desire inspire youth curb juvenile delinquency providing children code conduct standards govern actions eagles belief disseminating message conveyed ten commandments help persuade young men women observe civilized standards behavior lead productive lives significantly although eagles organization nonsectarian eligibility membership premised belief existence described eagles searching youth guidance program recognized better defined program youth guidance adult guidance well laws handed god moses years ago laws stood unchanged years fundamental part lives basis laws living foundation relationship creator families fellow men concepts live freedom democracy justice honor rooted ten commandments erection monoliths inspire pause view renewed respect law god greatest strength forces threaten way life anderson salt lake city supp utah rev desire combat juvenile delinquency providing guidance youths admirable unquestionably secular achieving goal biblical teachings injects religious purpose otherwise secular endeavor spreading word god converting heathens christianity missionaries expect enlighten converts enhance satisfaction life improve behavior similarly disseminating law god directing fidelity god proscribing murder theft adultery eagles hope divine guidance help wayward youths conform behavior improve lives judgment significant secular intended consequences religious instruction indeed establishment religions type secular purposes justify government promulgation sacred religious messages though state texas may genuinely wish combat juvenile delinquency may rightly want honor eagles efforts effectuate admirable purposes explicitly religious medium see bowen kendrick blackmun dissenting undeniable religious dogma may employed government even accomplish laudable secular purposes state may admonish citizens lie cheat steal honor parents respect neighbors property may printed words television commercials granite monuments front public buildings moreover state may provide schoolchildren adult citizens educational materials explain important role forebears faith god played decisions select america refuge religious persecution declare independence british crown conceive new nation see edwards powell concurring message issue case however fundamentally different either bland admonition observe generally accepted rules behavior general history lesson reason message stands apart decalogue venerable religious held years ago beyond dispute ten commandments undeniably sacred text jewish christian faiths stone graham per curiam omitted many followers commandments represent literal word god spoken moses repeated followers descending mount sinai message conveyed ten commandments thus analogized appendage common article commerce god trust incidental part familiar recital god save honorable thankfully plurality attempt minimize religious significance ten commandments ante course ten commandments religious viewed inception remain ante thomas concurring see also mccreary county american civil liberties union post scalia dissenting attempts secularize unquestionably sacred text defy credibility disserve people faith profoundly sacred message embodied text inscribed texas monument emphasized especially large letters identify author lord thy god see appendix infra commands present worship deity directs us guided teaching current future conduct affairs instructs us follow code divine law informed integrated secular legal code thou shalt kill much thou shalt make thyself graven images thou shalt covet moreover despite eagles best efforts choose benign nondenominational ten commandments display projects religious inherently sectarian message many distinctive versions decalogue ascribed different religions even different denominations within particular faith pious learned observer differences may enormous religious see lubet ten commandments alabama constitutional commentary fall choosing display version commandments texas tells observer state supports side doctrinal religious debate reasonable observer way knowing text product compromise rationale kind text establishment clause nothing else forbids government specifying details upon men women believe benevolent omnipotent creator ruler world known differ lee weisman scalia dissenting given chosen text inscribed ten commandments monument invariably places state center serious sectarian dispute display unquestionably unconstitutional case law see larson valente clearest command establishment clause one religious denomination officially preferred another even however message monument despite inscribed text fairly said represent belief system still run afoul establishment clause prescribing compelled code conduct one god namely god rejected prominent polytheistic sects hinduism well nontheistic religions see allegheny county opinion blackmun simultaneous endorsement judaism christianity less constitutionally infirm endorsement christianity alone least text ten commandments impermissibly commands preference religion irreligion see establishment clause guarantee religious liberty equality atheist adherent faith islam quoting wallace bases judgment sufficient conclude message proclaimed state texas permanent monument seat government doubt texans including elected texas legislature may believe statues displayed texas capitol grounds including ten commandments monument reflect ideals compose texan identity tex con res leg texas like entire country much diversified community became part even monument erected today many texans believe god whose commandments displayed seat government many worship different god god may believe account creation book genesis less reliable views men like darwin einstein monument expression views every true texan live free die motto state new hampshire placed license plates accurate expression views every citizen new hampshire see wooley maynard recognizing diversity religious secular beliefs held texans americans seems beyond peradventure allowing seat government serve stage propagation unmistakably message piety tendency make nonmonotheists nonbelievers feel like outsiders matters faith strangers political community pinette stevens dissenting isplays kind inevitably greater tendency emphasize sincere deeply felt differences among individuals achieve ecumenical goal allegheny county stevens concurring part dissenting part even display religious symbol government property see pinette stevens dissenting allegheny county stevens concurring part dissenting part displaying sectarian text state capitol invoke powerful presumption invalidity justice souter opinion persuasively demonstrates physical setting texas monument displayed far rebutting presumption actually enhances religious content message see post monument permanent fixture seat texas government immense significance fact monument installed public property implies official recognition reinforcement message implication especially strong sign stands front seat government observer symbol placed unattended front capitol world normally assume sovereign owner parcel real estate also lawgiver surrounding territory sponsored facilitated message pinette stevens dissenting critical examination decalogue prominent display seat texas government rather generic citation role religion american life unmistakably reveals side slippery slope ante breyer concurring judgment display must fall god author message eagles donor monument state texas proud owner speak one voice common purpose encourage texans abide divine code god message permissible shining principle neutrality long adhered nothing mere shadow iii plurality relies heavily fact republic founded governed since nascence leaders spoke speak still plainly religious rhetoric chief justice cites instance george washington thanksgiving proclamation support proposition establishment clause proscribe official recognition god role nation heritage ante plurality emphatically endorses seemingly timeless recognition institutions presuppose ante many submissions made parties amici accord plurality opinion relied ubiquity references god throughout history speeches rhetoric characteristic founding era however answer question us already explained texas display full text ten commandments given content actual display context situated sets case apart countless examples benign government recognitions religion another crucial difference leaders delivering public addresses often express blessings simultaneously service god constituents thus public officials deliver public speeches recognize words exclusively transmission government oratories embedded within inherently personal views speaker individual member permanent placement textual religious display state property different kind amalgamates otherwise discordant individual views collective statement government approval moreover message never ceases transmit objecting viewers whose choices accept message ignore offense averting gaze cf allegheny county kennedy concurring judgment part dissenting part ante thomas concurring sense although thanksgiving day proclamations inaugural speeches undoubtedly seem official circumstances constitute sort governmental endorsement religion separation church state plurality reliance early religious statements proclamations made founders also problematic views espoused constitutional convention enshrined constitution text thus presentation religious statements unified historical narrative bound paint misleading picture according deference statements george washington john adams chief justice justice scalia see ante plurality opinion mccreary county post dissenting opinion fail account acts publicly espoused views influential leaders time notably absent historical snapshot fact thomas jefferson refused issue thanksgiving proclamations washington readily embraced based argument violate establishment chief justice justice scalia disregard substantial debates took place regarding constitutionality early proclamations acts cite see letter james madison edward livingston july founders constitution kurland lerner eds hereinafter founders constitution arguing congress appointment chaplains paid national treasury approbation deviation principle immunity religion civil jurisdiction paper fact madison repudiated views attributed many stating unequivocally respect government involvement religion usurpation one side corrupting coalition alliance best guarded entire abstinence government interference way whatever beyond necessity preserving public order protecting sect trespasses legal rights others seemingly nonconforming sentiments come surprise insignificant numbers colonists came country memories religious persecution monarchs side atlantic see stokes pfeffer church state rev ed others experienced religious intolerance hands colonial puritans regrettably failed practice tolerance contemporaries preached engel vitale chief justice justice scalia ignore separationist impulses accord principle neutrality individuals brought debates surrounding adoption establishment ardent separationists aside another critical nuance lost plurality portrayal history simply put many founders often cited authoritative expositors constitution original meaning understood establishment clause stand narrower proposition plurality whatever reason willing accept namely many framers understood word religion establishment clause encompass various sects christianity evidence compelling prior philadelphia convention begun protect religious freedom various constitutions many provisions however restricted equal protection free exercise christians invocations divine commonly understood refer historical background likely informed framers understanding first amendment accordingly one influential thinker wrote first amendment meaning term establishment amendment unquestionably preference establishment given law one sect christians every jasper adams relation christianity civil government quoted dreisbach definition tracked understanding text justice story adopted famous commentaries wrote real object clause countenance much less advance mahometanism judaism infidelity prostrating christianity exclude rivalry among christian sects prevent national ecclesiastical establishment give hierarchy exclusive patronage national government thus sought cut means religious persecution vice pest former ages power subverting rights conscience matters religion trampled upon almost days apostles present age story commentaries constitution rotunda nowak eds hereinafter story see also wallace along lines nearly century founding many accepted idea america religious nation christian nation church holy trinity original understanding type religion qualified constitutional protection establishment clause likely include followers judaism islam among preferred monotheistic religions justice scalia embraced mccreary county opinion see post dissenting opinion inclusion jews muslims inside category constitutionally favored religions surely shocked chief justice marshall justice story indeed justice scalia unable point persuasive historical evidence entrenched traditions support decision give specially preferred constitutional status monotheistic religions perhaps history establishment clause original meaning strongly supports preference christianity preference monotheism generic references god hardly constitute evidence spoke word meant inclusive monotheistic believers references demonstrate heard word spoken understood broadly include monotheistic faiths see supra justice scalia inclusion judaism islam laudable act religious tolerance one unmoored constitution history text moreover one patently arbitrary inclusion exclusion buddhism widely practiced religions see supra noting followers buddhism nearly equal number americans follow islam given original understanding men championed christian nation men cause view contempt atheists problems worthy civic concern one must ask whether justice scalia courage foolhardiness apply originalism principle consistently mccreary county post indeed constrict narrowly reach establishment clause views founders lead unpalatable result also leave us unincorporated constitutional provision words one limits federal establishment national religion see elk grove unified school dist newdow thomas concurring judgment cf amar bill rights view state constitutionally adorn public spaces crucifixes passages new testament also full authority prescribe teachings martin luther joseph smith official state religion federal government prohibited taking sides christian sects reading first amendment dependent either purported original meanings expressed eviscerate heart establishment clause replace jefferson wall separation perverse wall exclusion christians inside permit construct walls choosing baptists inside mormons jewish orthodox inside jewish reform clause understood might faithful expectations founders plainly worthy society whose enviable hallmark course two centuries continuing expansion religious pluralism tolerance cf abington breyer dissenting unless one willing renounce years establishment clause jurisprudence cross back incorporation bridge see cantwell connecticut appeals religiosity framers ring even coherent way embrace incorporation one hand steadfastly abiding founders purported religious views problem selective use history remains widely divergent views espoused leaders founding era plainly reveal historical record preincorporation establishment clause indeterminate serve interpretive north duty therefore interpret first amendment command congress shall make law respecting establishment religion merely asking words meant observers time founding instead deriving clause text history broad principles remain valid today said context statutory interpretation legislation often goes beyond principal evil statute aimed cover reasonably comparable evils ultimately provisions laws rather principal concerns legislators governed oncale sundowner offshore services similar fashion construed equal protection clause fourteenth amendment prohibit segregated schools see brown board education even though drafted amendment evidently thought separate held amendment prohibits discrimination individuals account gender frontiero richardson despite fact contemporaries amendment doubt ed much whether action state directed way discrimination negroes class account race ever held come within purview provision cases wall construed evolving standards decency make impermissible practices considered cruel unusual founding see roper simmons slip stevens concurring reason broad principles contained constitution justice scalia suggests require us abandon heritage favor unprincipled expressions personal preference task applying broad principles framers wrote text first amendment event matter personal preference one selection two sides heated historical debate serve constitutional mandate expounding meaning constitutional provisions one eye towards nation history fixed democratic aspirations see mcculloch maryland wheat must never forget constitution expounding intended endure ages come consequently adapted various crises human affairs constitutions ephemeral enactments designed meet passing occasions use words chief justice marshall approach immortality nearly human institutions approach future care provision events good bad tendencies prophecy made application constitution therefore contemplation may rule constitution indeed easy application deficient efficacy power general principles little value converted precedent impotent lifeless formulas weems principle guides analysis basis principle firmly rooted nation history constitution text recognize requirement government must remain neutral religion irreligion seemed foreign framers requirement neutrality jews christians cf letter george washington hebrew congregation newport papers george washington twohig ed fortunately bound framers expectations bound legal principles enshrined constitution story vision discriminate christian sects foundation principle government must remain neutral valid systems belief religious pluralism expanded acceptance constitutes valid belief systems evil discriminating today atheists polytheists believers unconcerned deities mccreary county post scalia dissenting view direct descendent evil discriminating among christian sects establishment clause thus forbids turn forbids texas displaying ten commandments monument plurality casually affirms iv eagles may donate many monuments choose displayed front protestant churches benevolent organizations meeting places front lawns private citizens expurgated text king james version ten commandments crafted unlikely accepted catholic parishes jewish synagogues even protestant denominations message seek convey surely compatible church property property located government side metaphorical wall judgment case stands proposition constitution permits governmental displays sacred religious texts makes mockery constitutional ideal government must remain neutral religion irreligion state may endorse particular deity command gods difficult conceive textual display run afoul establishment clause disconnect approval texas monument constitutional prohibition preferring religion irreligion reduced exercise plotting two adjacent locations slippery slope cf ante breyer concurring judgment rather difference shelter fortress exposure winds blow wall allowed crumble see tva hill internal quotation marks omitted wall however imperfect remains worth preserving respectfully dissent thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june justice dissenting essentially reasons given justice souter post dissenting opinion well reasons given concurrence mccreary county american civil liberties union post respectfully dissent thomas van orden petitioner rick perry official capacity governor texas chairman state preservation board et al writ certiorari appeals fifth circuit june justice souter justice stevens justice ginsburg join dissenting although first amendment religion clauses read mandate absolute governmental neutrality toward religion cf sherbert verner establishment clause requires neutrality general rule everson board ed ewing thus expresses madison condemnation employ ing religion engine civil policy memorial remonstrance religious assessments writings james madison hunt ed governmental display obviously religious text squared neutrality except setting plausibly indicates statement placed view predominant purpose part government either adopt religious message urge acceptance others today one cases addressed constitutionality posting ten commandments stone graham per curiam kentucky statute required posting commandments walls public school classrooms described state purpose relevant tripartite test laid lemon kurtzman odds obligation religious neutrality purpose posting ten commandments schoolroom walls plainly religious nature ten commandments undeniably sacred text jewish christian faiths legislative recitation supposed secular purpose blind us fact commandments confine arguably secular matters honoring one parents killing murder adultery stealing false witness covetousness rather first part commandments concerns religious duties believers worshipping lord god alone avoiding idolatry using lord name vain observing sabbath day citations omitted observations underscore simple realities ten commandments constitute religious statement message inherently religious purpose singling display clearly thus pedestrian happening upon monument issue needs training religious doctrine realize statement commandments quoting god proclaims divine source obligation obey rules including facially secular ones case moreover text presented give particular prominence commandments first sectarian reference lord thy god proclamation centered stone written slightly larger letters subsequent recitation ensure religious nature monument clear even casual passerby word lord appears capital letters word segment quotation declaration lord thy god app pet cert follows course rules gods graven images vain swearing sabbath breaking full text fifth commandment puts forward filial respect condition long life land lord god giveth thee see ibid ords make religious meaning unmistakably clear county allegheny american civil liberties union greater pittsburgh chapter drive religious point home identify message religious viewer failed read text engraved quotation framed religious symbols two tablets appears ancient script two stars david superimposed greek letters chi rho familiar monogram christ nothing monument fact detracts religious see ibid unlike lynch donnelly nothing context display detracts cr che religious message plurality suggest otherwise therefore difficult miss point government telling everyone sees monument live moral code god requires code conception god rightly understood inheritances specifically jews christians likewise unsurprising district expressly rejected texas argument state purpose placing monument capitol grounds related commandments role part foundation modern secular law texas elsewhere app pet cert monument presentation commandments religious text emphasized enhanced stands contrast number perfectly constitutional depictions frieze courtroom providing good example figure moses stands among history great lawgivers moses holds tablets commandments showing hebrew text one looking lines figures marble relief likely see religious purpose behind assemblage take away religious message one depiction represents religious leader historical personages mixed symbols moral intellectual abstractions like equity authority see county allegheny supra stevens concurring part dissenting part since moses enjoys especial prominence frieze viewers readily take lawgiver company lawgivers viewers may naturally see tablets commandments showing later ones forbidding things like killing theft without divine preface background concept law emerged ultimately secular influence history nation government may course constitutionally call attention influence may post displays erect monuments recounting aspect history less long context context historical hence display commandments accompanied exposition influenced modern law likely constitutionally decalogue stone suggested integrated constitutionally course study public schools stone texas seeks take advantage recognition visual symbol written text manifest secular purpose secular company argues monument like moses frieze alone viewed among placed acres surrounding state capitol texas indeed says capitol grounds like museum collection exhibits kind setting several members said render exhibition religious artifacts permissible even though circumstances display seen meant convey religious message forbidden state county allegheny concurring example government violate establishment clause hanging giotto madonna wall national gallery monuments common appearance history esthetic role scattered acres museum anyone strolling around lawn surely take memorial terms without dawning sense purpose held miscellany together coherently fortuity edge grass one monument expresses admiration pioneer women one pays respect fighters world war ii one quotes god abraham whose command sanction moral law themes individual grit patriotic courage god source jewish christian morality common denominator like circumstances rejected argument similar state noting county allegheny presence santas christmas decorations elsewhere ourthouse nearby gallery forum fail negate cr che endorsement effect record demonstrates cr che floral frame display distinct decorations exhibitions building state museum argument nothing blunt religious message manifestly religious purpose behind neither plurality reliance generalities culled cases factually different one ante acknowledged example closely identified history government school dist abington township schempp fact end opinion plurality turns relevant precedent stone case actually dealing display decalogue plurality finally confront stone tries avoid case obvious applicability limiting holding classroom setting plurality claims find authority limiting stone reach way opinion citations two cases school dist abington township schempp engel vitale stone relied cases widely applicable notions concept specific schools opinion quoted schempp statements defense urge religious practices may relatively minor encroachments first amendment schempp supra quoted stone stone example speak children impressionability captivity audience school class fact stone reasoning reached classroom noting lack support claim state brought commandments schools order integrat school curriculum accordingly numerous prior discussions stone never treated holding restricted plurality deflect stone calling texas monument far passive use decalogue case stone text confronted elementary school students every day ante placing monument ground passive hanging sheet paper wall contain text read anyone looks problem stone simply state putting commandments seen monument inscription walk sure kentucky law meant schoolchildren forced see display every day whereas many see monument choice customarily walk capitol grounds presumably avoid choose judgment often inexact establishment clause jurisprudence matters often boil judgment see ante breyer concurring judgment distinction make difference monument case sits grounds texas state capitol something significant common term statehouse refer state capitol building civic home every one state citizens neutrality religion means something citizen able visit civic home without confront religious expressions clearly meant convey official religious position may odds religion rejection religion see county allegheny concurring part concurring judgment agree cr che displayed grand staircase allegheny county courthouse seat county government conveys message nonadherents christianity full members political community display religious symbols public areas core government buildings runs special risk making religion relevant reality public perception status political community alteration internal quotation marks omitted finally though point judgment vary see persuasive argument constitutionality plurality observation van orden lawsuit comes orty years monument erection ante observation echoes state contention one fact cutting favor monument stood austin forty years without generating controversy litigation brief respondents think passage time necessarily irrelevant establishment clause analysis approved practices must originally understood constitutionally permissible marsh chambers legislative prayer recognized sunday laws grown recognizably secular time mcgowan maryland also analogous argument yet evaluated ritualistic religious expression become numbing time initial establishment clause violation becomes point diminished notice understand state argument rather seems years without challenge shows factual matter religious expression tepid provoke serious reaction constitute violation perhaps writer exodus chapter lukewarm explanations may better accounting late resort courts suing state religion puts nothing plaintiff pocket take great deal even volunteer litigators supply time energy risk social ostracism powerfully deterrent doubt slow walk courthouse even one took years much evidentiary help applying establishment clause reverse judgment appeals footnotes monuments heroes alamo hood brigade confederate soldiers volunteer fireman terry texas rangers texas cowboy war texas national guard ten commandments tribute texas school children texas pioneer woman boy scouts statue liberty replica pearl harbor veterans korean war veterans soldiers world war disabled veterans texas peace officers see also engel vitale history man inseparable history religion zorach clauson religious people whose institutions presuppose despite justice stevens recitation occasional language contrary post dissenting opinion adhere principle establishment clause bars governmental preference religion irreligion see cutter wilkinson corporation presiding bishop church jesus christ saints amos lynch donnelly marsh chambers walz tax city new york even dissenters claim first amendment religion clauses forbid governmental acknowledgments preferences accommodations religion see post opinion stevens recognizing establishment clause permits recognition acknowledgment religion post opinion souter discussing number permissible displays religious content zelman upholding school voucher program good news club milford central school holding allowing religious school groups use school facilities violate establishment clause agostini felton approving program provided public employees teach remedial classes religious private schools overruling aguilar felton barring public school teachers going parochial schools provide remedial education disadvantaged children school dist grand rapids ball striking program provided classes religious school students public expense classrooms leased religious schools rosenberger rector visitors univ holding establishment clause bar disbursement funds student activity fees religious organizations zobrest catalina foothills school allowing public school district provide interpreter deaf student catholic high school part federal program disabled lynch donnelly supra upholding christmas display including cr che marsh chambers supra upholding legislative prayer mueller allen upholding tax deduction certain expenses incurred sending one child religious school santa fe independent school dist doe holding unconstitutional prayer school football games board ed kiryas joel village school dist grumet invalidating state law created new school district single religious community lee weisman prohibiting officially sponsored graduation prayers county allegheny american civil liberties union greater pittsburgh chapter holding display cr che courthouse unconstitutional allowing display menorah outside county building texas monthly bullock plurality opinion invalidating sales tax exemption religious periodicals edwards aguillard invalidating law mandating teaching creationism evolution taught estate thornton caldor invalidating state law gave employees absolute right work sabbath wallace jaffree invalidating law mandating daily minute silence meditation voluntary prayer lemon sets test first statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally statute must foster excessive government entanglement religion citation omitted see also elk grove unified school dist newdow rehnquist concurring judgment examples patriotic invocations god official acknowledgments religion role nation history abound concurring judgment unsurprising nation founded religious refugees dedicated religious freedom find references divinity symbols songs mottoes oaths lynch donnelly history replete official references value invocation divine guidance indeed rejected claim establishment clause violation presented prayers offered tradition marsh prayers often explicitly christian chaplain removed references christ year suit filed examples monuments buildings reflecting prominent role religion abound example washington jefferson lincoln memorials contain explicit invocations god importance apex washington monument inscribed laus deo translated mean praise god multiple memorial stones monument contain biblical citations jefferson memorial engraved three quotes jefferson make god central theme inscribed wall lincoln memorial two lincoln famous speeches gettysburg address second inaugural address inscriptions include speeches extensive acknowledgments god first federal monument accepted honor sailors died tripoli noted dates fallen sailors year lord year independence see also edwards aguillard rehnquist dissenting anything suggest stone extend displays ten commandments lack plainly religious purpose see edwards aguillard supra stone mean use ever made ten commandments ten commandments played exclusively religious role history western civilization indeed need decide case extent primarily religious purpose affect analysis clear record evidence purpose case footnotes see county allegheny american civil liberties union greater pittsburgh chapter employing endorsement test lemon kurtzman setting forth test marsh chambers upholding legislative prayer due unique history see also lynch donnelly repeatedly emphasized unwillingness confined single test criterion sensitive area footnotes bottom message observer learns display resented people youth texas fraternal order eagles texas see appendix infra reynolds see also everson board ed ewing senator danforth recently reminded us efforts haul references god public square schools courthouses far apt divide americans advance faith danforth onward moderate christian soldiers times june accuracy utility metaphor called question see wallace jaffree rehnquist dissenting see generally hamburger separation church state whatever one may think merits historical debate surrounding jefferson wall metaphor minimum never questioned concept separation church state first amendment jurisprudence chief justice opinion affirms principle ante demanding separation church state indeed even famously opined religious people whose institutions presuppose zorach clauson acknowledged slightest doubt first amendment reflects philosophy church state separated question face give meaning concept separation widespread consensus principle see everson board ed ewing neither state federal government pass laws aid one religion aid religions prefer one religion another school district abington township schempp relationship man religion state firmly committed position neutrality larson valente clearest command establishment clause one religious denomination officially preferred another see also board ed kiryas joel village school dist grumet scalia dissenting always believed establishment clause prohibits favoring one religion others see church holy trinity support proposition torcaso quoted james iredell course debating adoption federal constitution north carolina stated objected people america may perhaps choose representatives religion pagans mahometans may admitted offices possible exclude set men without taking away principle religious freedom warmly contend quoting elliot debates several state conventions adoption federal constitution see everson establishment clause requires state neutral relations groups religious believers abington rejecting proposition establishment clause forbids governmental preference one religion another wallace interest forestalling intolerance extends beyond intolerance among christian sects even intolerance among encompass intolerance disbeliever uncertain cf zorach jackson dissenting day country ceases free irreligion cease free religion except sect win political power justice scalia dissent ten commandments case decide today see mccreary county american civil liberties union post raises similar objections address objections directly part iii though subscribed view ten commandments influenced development western legal thought officially endorsed far specific claim ten commandments played significant role development nation foundational documents subsidiary implication special relevance texas although perhaps overstatement characterize latter proposition idiotic see tr oral arg one member plurality done least question matter intense scholarly debate compare brief legal historians law scholars amicus curiae mccreary county american civil liberties union brief american center law justice amici curiae whatever historical accuracy proposition district categorically rejected respondent suggestion state actual purpose displaying decalogue signify influence secular law texas institutions app pet cert see brief fraternal order eagles amicus curiae order formed six seattle theater owners promptly joined actors playwrights stagehands rapidly expanded include nationwide membership numbering million see also fraternal order eagles grand aerie fraternal order eagles en banc lahmann grand aerie fraternal order eagles app see books elkhart state freedom religion foundation en banc see also hear ten commandments case early http internet materials visited june available clerk case file freedom religion foundation accord tex laws plaques monoliths presented eagles promote youth morality help stop alarming increase delinquency brief fraternal order eagles amicus curiae according articles incorporation eagles purpose fraternally mutual benefit protection improvement social enjoyment association persons good moral character believe inculcate principles liberty truth justice equality fraternal order eagles see also aerie membership order eagles http sound body mind believing existence county allegheny american civil liberties union greater pittsburgh chapter noted certain displays religious images may convey equivocal message perhaps respect judaism religion general law opinion concurring part dissenting part rather misleading however quote comment case imply referring text ten commandments simpliciter see mccreary county post see ante breyer concurring judgment despite eagles efforts monuments donated fact conform text compare appendix infra including command thou shalt make thyself graven images adland russ freedom religion foundation omitting command altogether distinction represents critical divide protestant catholic faiths reformation protestants destroyed images virgin mary jesus christ venerated catholic churches even today notable difference imagery different churches difference may part attributable differing understandings meaning second commandment king james bible translation portion first commandment catholic translation see finkelman ten commandments courthouse lawn elsewhere ford rev example jewish version sixth commandment god commands shall murder whereas king james interpretation command thou shalt kill compare plaut torah modern commentary appendix infra difference two versions merely semantic rather one example deep theological dispute see finkelman supra maier enumerating decalogue number ten commandments correctly concordia varying interpretations commandment explain actions vegetarians refuse eat meat pacifists refuse work munitions makers prison officials refuse administer lethal injections death row inmates pharmacists refuse sell pills women see finkelman supra brief american jewish congress et al amici curiae although command ambiguous power motivate likeminded interpreters message denied justice scalia willingness dismiss distinct textual versions adhered different faiths name generic monotheism based mere speculation regarding significance mccreary county post somewhat ironic see scalia matter interpretation also serves reinforce concern interjecting government religious sphere offend adherents consider particular advertisement disrespectful allegheny county stevens concurring part dissenting part see brief hindu american foundation et al amici curiae though justice scalia disagrees sentiments consistent establishment clause deny cases wholeheartedly adopt expression neutrality instead suggests simply discard terms earlier courts based part nonmonotheists make statistically insignificant portion nation religious community mccreary county post besides marginalizing belief systems million americans deeming unworthy special protections offers monotheists establishment clause justice scalia measure analysis may cause concern even popular religions islam judaism number buddhists alone nearly equal number muslims country islamic jewish faiths account believers christianity accounts see dept commerce bureau census statistical abstract ed table fact particular display stood unchallenged forty years suggest otherwise one need look deluge cases flooding lower courts realize discord displays engendered see mercier fraternal order eagles aclu nebraska foundation plattsmouth adland russ summum ogden books elkhart state freedom religion foundation anderson salt lake city course rhetorical approach unique plurality opinion today appeals religious speeches frequently used support governmental transmission religious messages see wallace scalia dissenting santa fe independent school dist doe rehnquist dissenting cf lynch donnelly goes without saying analysis differs listener coerced listening prayer see santa fe independent school respect legislative prayers cited approvingly chief justice ante reiterate view designation member one religious faith serve sole official chaplain state legislature period years constitutes preference one faith another violation establishment clause marsh chambers stevens dissenting thus justice scalia agreement respect least one point decision marsh ignor ed neutrality principle heart establishment clause mccreary county post scalia dissenting see hutson religion founding american republic noting dearth references god philadelphia convention many contemporaneous observers convention complained framers unaccountably turned backs almighty constitution without acknowledgement see letter thomas jefferson rev miller founders constitution jefferson writings see also lee souter concurring documenting history lynch brennan dissenting see also james madison detached memoranda founders constitution madison letter livingston argued another deviation strict principle executive proclamations fasts festivals far least spoken language injunction lost sight equality religious sects eve constitution notwithstanding general progress made within last two centuries favour branch liberty full establishment parts country remains others strong bias towards old error without sort alliance coalition government religion neither duly supported indeed tendency coalition corrupting influence parties danger carefully guarded every new successful example therefore perfect separation ecclesiastical civil matters importance doubt every new example succeed every past one done shewing religion government exist greater purity less mixed together religion politics early republic dreisbach ed hereinafter dreisbach quoting letter james madison jasper adams see also letter james madison edward livingston july founders constitution teaching world great truth governments better without kings nobles merit doubled lesson religion flourishes greater purity without aid government contrary evidence cited chief justice justice scalia underscores obvious fact leaders drafted voted text eminently capable violating rules first congress present congress capable passing unconstitutional legislation thus answer say founders separationist impulses plainly rejected simply first congress enacted laws acknowledged god see mccreary county post scalia dissenting adopt interpretive approach misguidedly give authoritative weight fact congress passed fourteenth amendment also enacted laws tolerated segregation fact congress passed first amendment also enacted laws alien sedition act indisputably violated present understanding first amendment see infra lee souter concurring see strang meaning religion first amendment duquesne rev justice story wrote elsewhere indispensable true interests solid foundations free governments distinguish establishment particular sect religion state establishment christianity without preference particular form know indeed deep sense moral obligation accountableness expected prevail community without firm persuasion great christian truths letter jasper adams may dreisbach see christian people morality country deeply ingrafted upon christianity upon doctrines worship quoting people ruggles johns sup see also vidal philadelphia views read religious zealots chief justice marshall penned historical genesis assertion presuppose see zorach writing american population entirely christian us christianity religion identified strange indeed people institutions presuppose christianity often refer exhibit relations letter john marshall jasper adams may quoted dreisbach accord story time adoption constitution general universal sentiment america christianity receive encouragement state omitted justice scalia characterization conclusion nothing personal assurance misleading say least mccreary county post reliance nation early constitutional scholars common opinions particular author plurality noted joseph story member much time professor harvard law school published far comprehensive treatise constitution appeared wallace fifth amendment harmelin michigan eighth amendment justice scalia answer incorporation empty incorporated provisions original meaning mccreary county post ignores fact establishment clause unique history evidence example incorporation confrontation clause ran contrary core clause original understanding however persuasive evidence effect regarding establishment clause see elk grove unified school dist newdow thomas concurring judgment arguing clause originally understood federalism provision intended prevent congress interfering state establishments unique history incorporation writ large renders incoherent postincorporation reliance establishment clause original understanding justice thomas least faced problem see opinion concurring judgment even decision incorporate establishment clause misguided point unwise reverse course given weight precedent cast aside reach intended result see cardozo nature judicial process labor judges increased almost breaking point every past decision reopened every case see lee brennan dissenting cf feldman intellectual origins establishment clause rev noting framers term contested one word used narrow expansive ways debates time see hovenkamp cultural crises fuller yale equal protection identified social integration fourteenth amendment drafted ratified plessy ferguson decided see also tribe american constitutional law pp ed collecting scholarship justice thomas contends establishment clause include neutrality principle clause reaches governmental coercion individual belief disbelief ante concurring opinion view although actual religious coercion undoubtedly forbidden establishment clause full extent provision reach jefferson wall metaphor refusal issue thanksgiving proclamations see supra nonsensical clause reached direct coercion coercion view establishment clause amount little replica compelled speech doctrine see west virginia bd ed barnette religious flavor clause interpreted prohibit explicit state endorsements religious orthodoxies particular sects actions lie heart clause meant regulate government example take television advertisements lauding catholicism pure religion reasoning endorsed justice thomas programs coercive viewer simply turn television ignore ad see ante mere presence monument involves coercion passerby need stop read even look notion application coercion principle somehow lead consistent jurisprudence dubious enshrining coercion establishment clause touchstone fails eliminate difficult judgment calls regarding form coercion must take mccreary county post scalia dissenting coercion may seem obvious appearing nonexistent others compare santa fe independent school power prestige financial support government placed behind particular religious belief indirect coercive pressure upon religious minorities conform prevailing officially approved religion plain short reasonable people doubt argue whether coercion existed particular situation feldman intellectual origins establishment clause rev footnotes clarity religious manifestation stone unaffected state effort obscure kentucky statute mandated posting commandments classrooms also required addition every posting notation reading secular application ten commandments clearly seen adoption fundamental legal code western civilization common law present case religious purpose evident part donating organization fraternal order eagles group gave monument state texas donated identical monuments jurisdictions seeking impart religious message see adland russ quoting eagles statement letter written kentucky monument donated commonwealth today younger generation either seen ten commandments taught opinion youth today dire need learning simple laws god accordingly terms moral code proclamation terms code enjoined god eagles put forward monuments donated monument also surrounds text commandments various american symbols notably flag bald eagle underscores impermissibility texas actions juxtaposing patriotic symbols commandments religious signs monument sends message american means religious religious also subscribing commandments practicing monotheistic religion question state right broadcasting religious message texas accepted monument eagles state legislature aware eagles past several years placed across country parchment plaques granite monoliths ten commandments order promote youth morality help stop alarming increase delinquency resolved fraternal order eagles state texas commended congratulated efforts contributions combating juvenile delinquency throughout nation app state expressly approved eagles proselytizing made similar reasons displays commandments plurality mentions ante run afoul establishment clause statues moses paul main reading room library congress set close proximity statues represent men illustrious various forms thought activity library congress art architecture thomas jefferson building cole reeds eds moses paul represent religion group includes beethoven shakespeare michelangelo columbus plato represent nonreligious categories philosophy art history commerce science law poetry ibid similarly sculpture woman beside decalogue main reading room one figures represent ing eight characteristic features civilized life thought features nonreligious moses paul rest statues represent inlay floor national archives building one four discs collective theme religious rather discs symbolize various types government records come national archive letter judith koucky archivist records control section catherine millard file clerk four categories war defense history justice legislation disc paired winged figure disc containing depiction commandments depiction notably omits commandments text paired figure representing legislation ibid moses prominen featur ing chamber house representatives ante plurality opinion moses actually portraits encircling house chamber approximately size religious theme portraits depict men noted history part played evolution become american law art capitol house doc importantly purposes case portrait consists subject face ten commandments appear nowhere moses portrait similarly permissible though obviously different character laws traced back commandments even religious ones currently supported nonreligious considerations see mccreary county american civil liberties union post opinion noting mcgowan maryland upheld sunday closing laws practical secular grounds finding government forsaken religious purposes motivating predecessor laws true commandments monument unlike display commandments considered ten commandments case decide today mccreary county commandments posted behest county first instance whereas state texas received monument gift eagles apparently conceived donation suggestion movie producer bent promoting commercial film ten commandments books elkhart cert denied distinction fails neutralize apparent expression governmental intent promote religious message although nativity scene allegheny county donated holy name society concluded viewer reasonably think scene occupies location seat county government without support approval government county allegheny american civil liberties union greater pittsburgh chapter event fact plurality says particularly vigilant monitoring compliance establishment clause elementary secondary schools ante course mean anything goes outside schoolhouse cases like county allegheny lynch donnelly illustrate also closely scrutinized government displays religious symbols reasons discussed text texas monument survive even relaxed level scrutiny