allegheny county greater pittsburgh aclu argued february decided july litigation concerns constitutionality two recurring holiday displays located public property downtown pittsburgh first creche depicting christian nativity scene placed grand staircase allegheny county courthouse main beautiful public part courthouse creche donated holy name society roman catholic group bore sign effect manager crest angel bearing banner proclaiming gloria excelsis deo meaning glory god highest second holiday displays question chanukah menorah candelabrum placed outside building next city decorated christmas tree foot tree sign bearing mayor name containing text declaring city salute liberty menorah owned chabad jewish group stored erected removed year city respondents greater pittsburgh chapter american civil liberties union seven local residents filed suit seeking permanently enjoin county displaying creche city displaying menorah ground displays violated establishment clause first amendment made applicable state governments fourteenth amendment district denied relief relying lynch donnelly held city inclusion creche annual christmas display private park violate establishment clause appeals reversed distinguishing lynch donnelly holding creche menorah present case must understood impermissible governmental endorsement christianity judaism lemon kurtzman held judgment affirmed part reversed part cases remanded affirmed part reversed part remanded justice blackmun delivered opinion respect parts iv concluding lemon kurtzman practice touches upon religion permissible establishment clause must inter alia advance inhibit religion principal primary effect although refining definition governmental action unconstitutionally advances religion subsequent decisions variously spoken terms endorsement favoritism preference promotion essential principle remains clause least prohibits government appearing take position questions religious belief making adherence religion relevant way person standing political community lynch donnelly concurring pp viewed overall context creche display violates establishment clause creche angel words endorse patently christian message glory god birth jesus christ moreover contrast lynch nothing creche setting detracts message although government may acknowledge christmas cultural phenomenon may observe christian holy day suggesting people praise god birth jesus pp justice kennedy reasons permitting creche grand staircase condemnation reasons deciding otherwise unpersuasive pp history legitimate practices like creche display demonstrate government allegiance particular sect creed pp question whether particular practice constitute governmental proselytization much endorsement inquiry except extent proselytization test requires obvious allegiance government favored sect decisions however impose burden demonstrating government favored particular sect creed contrary required strict scrutiny practices suggesting denominational preference larson valente pp constitution mandates government remain secular rather affiliating religious beliefs institutions precisely order avoid discriminating citizens basis religious faiths thus claim prohibiting government celebrating christmas religious holiday discriminates christians favor nonadherents must fail since contradicts fundamental premise establishment clause contrast confining government christmas celebration holiday secular aspects favor religious beliefs christians simply permits government acknowledge holiday without expressing impermissible allegiance christian beliefs pp justice blackmun joined justice stevens concluded part concurring dissenting opinions lynch donnelly set forth proper analytical framework determining whether government display objects religious significance improperly advances religion concurring brennan dissenting pp justice blackmun concluded part vi menorah display prohibited effect endorsing religion given particular physical setting combined display christmas tree sign saluting liberty impermissibly endorse christian jewish faiths simply recognizes christmas chanukah part season attained secular status society widely accepted view christmas tree preeminent secular symbol christmas season emphasizes point tree moreover virtue size central position display clearly predominant element placement menorah beside readily understood simply recognition christmas traditional way celebrating season absence secular alternative menorah negates inference endorsement similarly presence mayor sign confirms particular context government association religious symbol represent sponsorship religious beliefs simply recognition cultural diversity given considerations sufficiently likely reasonable observer view combined display endorsement disapproval individual religious choices pp justice also concluded city display menorah together christmas tree sign saluting liberty violate establishment clause christmas tree whatever origins widely viewed today secular symbol christmas holiday although may certain secular aspects chanukah primarily religious holiday menorah central religious symbol ritual object including menorah tree however sign saluting liberty city conveyed message pluralism freedom belief holiday season particular physical setting interpreted reasonable observer endorsement judaism christianity disapproval alternative beliefs pp justice kennedy joined chief justice justice white justice scalia concluded menorah display creche display permissible establishment clause pp test set forth lemon kurtzman prohibits principal primary effect challenged governmental practice either advancing inhibiting religion applied proper sensitivity traditions case law supports conclusion creche menorah permissible displays context holiday season requirement neutrality inherent lemon formulation require relentless extirpation contact government religion government policies accommodation acknowledgement support religion accepted part political cultural heritage establishment clause permits government latitude recognizing central role religion society approach less sensitive heritage border latent hostility religion require government multifaceted roles acknowledge secular exclusion detriment religious thus decisions disclose two principles limiting government ability recognize accommodate religion may coerce anyone support participate religion exercise may guise avoiding hostility callous indifference give direct benefits religion degree fact establishes state religion tends words government may place weight behind obvious effort proselytize behalf particular religion hand government act recognition accommodation passive symbolic intangible benefit religion unlikely present realistic risk establishment determine whether exists establishment tendency toward one reference must made types contacts existed unchallenged throughout history found permissible case law example lynch donnelly upheld city holiday display creche marsh chambers held state practice employing legislative chaplain permissible pp permitting displays menorah creche city county sought merely celebrate season acknowledge historical background religious well secular nature chanukah christmas holidays interest falls well within tradition governmental accommodation acknowledgment religion marked history beginning government participate citizens celebration holiday contains secular religious component enforced recognition secular aspect signify callous indifference toward religious faith cases traditions require commemorating holiday celebrated nonadherents government refusing acknowledge plain fact historical reality many citizens celebrate religious aspects holiday well suggestion government power coerce used christianity judaism city county contributed money one faith intended use creche menorah proselytize thus creche menorah purely passive symbols religious holidays use permissible lynch supra marsh supra allows congress state legislatures begin day prayer offered chaplain menorah creche displayed limited context holiday season invalid facts unlike creche lynch menorah creche issue located government property surrounded secular holiday paraphernalia irrelevant since displays present realistic danger moving government forbidden road toward establishment religion pp together chabad american civil liberties union et city pittsburgh american civil liberties union greater pittsburgh chapter et also certiorari peter buscemi argued cause petitioners nos briefs george janocsko robert mctiernan pellegrini george specter nathan lewin argued cause petitioner briefs charles saul roslyn litman argued cause respondents brief respondents american civil liberties union et al jon pushinsky james lieber john powell steven shapiro ruti teitel jeffrey sinensky steven freeman richard shevitz jill kahn filed brief respondent fn briefs amici curiae urging reversal filed solicitor general fried deputy solicitor general ayer michael kellogg city warren michigan robert williams concerned women america jordan lorence cimron campbell wendell bird national jewish commission law public affairs dennis rapps david stern national legal foundation douglas davis robert skolrood william wood briefs amici curiae urging affirmance filed american jewish committee et al samuel rabinove richard foltin james greilsheimer alan klinger david stein lauren klein lee boothby american jewish congress et al arlene fickler marc stern lois waldman amy adelson justice blackmun announced judgment delivered opinion respect parts iv opinion respect parts ii justice stevens justice join opinion respect part justice stevens joins opinion respect part vii justice joins opinion respect part vi litigation concerns constitutionality two recurring holiday displays located public property downtown pittsburgh first creche placed grand staircase allegheny county courthouse second chanukah menorah placed outside building next christmas tree sign saluting liberty appeals third circuit ruled display violates establishment clause first amendment impermissible effect endorsing religion agree creche display unconstitutional effect reverse appeals judgment regarding menorah display county courthouse owned allegheny county seat government houses offices county commissioners controller treasurer sheriff clerk civil criminal trials held app main beautiful public part courthouse grand staircase set one arch surrounded others arched windows serving backdrop see joint exhibit volume jev since county permitted holy name society roman catholic group display creche county courthouse christmas holiday season app christmas note perhaps needlessly holiday christians celebrate birth jesus nazareth believe messiah western churches celebrated christmas day december since fourth century observed nation christmas secular well religious dimension creche county courthouse like creches visual representation scene manager bethlehem shortly birth jesus described gospels luke matthew creche includes figures infant jesus mary joseph farm animals shepherds wise men placed wooden representation manager crest angel bearing banner proclaims gloria excelsis deo holiday season creche display grand staircase november january app wooden fence three sides bore plaque stating display donated holy name society sometime week december county placed red white poinsettia plants around fence county also placed small evergreen tree decorated red bow behind two fence jev trees stood alongside manger backdrop slightly shorter angel thus apex creche display altogether creche fence poinsettias trees occupied substantial amount space grand staircase figures santa claus decorations appeared grand staircase app cf lynch donnelly appendix end opinion photograph display county uses creche setting annual program see jev season county invited high school choirs musical groups perform weekday lunch hours december december county dedicated program world peace families persons missing action southeast asia app jev near grand staircase area county courthouse known gallery forum used art cultural exhibits app creche frame however distinct connected exhibit gallery forum see tr oral arg forum kind integral part christmas display see also jev addition various departments offices within county courthouse christmas decorations also visible grand staircase app building separate block removed county courthouse name implies jointly owned city pittsburgh allegheny county city portion building houses city principal offices including mayor city responsible building grant street entrance three rounded arches supported columns number years city large christmas tree middle arch outside grant street entrance following practice city employees november erected tree middle arch decorated lights ornaments days later city placed foot tree sign bearing mayor name entitled salute liberty beneath title sign stated holiday season city pittsburgh salutes liberty let festive lights remind us keepers flame liberty legacy freedom jev according jewish tradition kislev common era maccabees rededicated temple jerusalem recapturing greeks accurately seleucid empire course political rebellion chanukah holiday celebrates event early history celebration chanukah unclear appears holiday central ritual lighting lamps well established long single explanation ritual took hold talmud explains lamplighting ritual commemoration event occurred rededication temple temple housed menorah kept burning continuously maccabees rededicated temple enough oil last one day according talmud oil miraculously lasted eight days length time took obtain additional oil celebrate publicly proclaim miracle talmud prescribes mitzvah religious deed commandment jews place lamp eight lights outside entrance homes front window eight days chanukah practicality safety persecution requires lamp may placed window inside home talmud also ordains certain blessings recited night chanukah lighting lamp one benediction translated english blessing god sanctified us commanded us mitzvot told us light candles hanukkah although jewish law contain rule regarding shape substance chanukah lamp hanukkiyyah became customary evoke memory temple menorah temple menorah design central candlestick six branches contrast chanukah menorah design eight branches one day holiday plus ninth hold shamash extra candle used light eight also contrast temple menorah chanukah menorah sanctified object need treated special care lighting menorah primary tradition associated chanukah holiday marked traditions well one custom among jews give children chanukah gelt money another children gamble gelt using dreidel top four sides four sides contains hebrew letter together four letters abbreviate phrase refers chanukah miracle chanukah like christmas cultural event well religious holiday indeed chanukah story always political national well religious dimension tells national heroism addition divine intervention also chanukah like christmas winter holiday according historians associated ancient times winter solstice americans celebrate christmas without regard religious significance nonreligious american jews celebrate chanukah expression ethnic identity cultural national event rather specifically religious event ibid cultural significance chanukah varies setting holiday celebrated contemporary israel nationalist military aspects chanukah story receive special emphasis country tradition giving chanukah gelt taken greater importance temporal proximity chanukah christmas indeed suggested proximity christmas accounts social prominence chanukah country whatever reason chanukah observed american jews extent greater religious importance indicate hierarchy jewish holidays chanukah ranks fairly low religious significance socially heightened status chanukah reflects cultural secular dimension december holiday season city placed grant street entrance building chanukah menorah abstract design menorah placed next city christmas tree one columns supports arch tree set menorah owned chabad jewish group stored erected removed year city see also brief petitioner tree sign menorah removed january app appendix photograph tree sign menorah app jev ii litigation began december respondents greater pittsburgh chapter american civil liberties union seven local residents filed suit county city seeking permanently enjoin county displaying creche county courthouse city displaying menorah front building respondents claim displays creche menorah violate establishment clause first amendment made applicable state governments fourteenth amendment see wallace jaffree chabad permitted intervene defend display menorah may district denied respondents request permanent injunction relying lynch donnelly stated creche part holiday decoration stairwell foreground high school choirs entertained day noon app pet cert regarding menorah concluded insignificant part another holiday display ibid also found displays secular purpose create excessive entanglement government religion respondents appealed divided panel appeals reversed distinguishing lynch donnelly panel majority determined creche menorah must understood endorsing christianity judaism observed display located public building devoted core functions government also stated menorah placed near christmas tree neither creche menorah reasonably deemed subsumed larger display items ibid impermissible effect endorsing religion sufficient basis holding display violation establishment clause lemon kurtzman appeals consider whether either one impermissible purpose resulted unconstitutional entanglement government religion dissenting judge stated creche accompanied poinsettia plants evergreens violate establishment clause simply plastic santa clauses reindeer absent menorah asserted including reference chanukah broaden commemoration holiday season stress notion sharing joy rehearing en banc denied vote see app pet cert county city chabad filed petition certiorari granted three petitions iii nation heir history tradition religious diversity dates settlement north american continent sectarian differences among various christian denominations central origins republic since adherents religions numerous name made home whose beliefs expressly exclude religion precisely religious diversity national heritage founders added constitution bill rights first words declare congress shall make law respecting establishment religion prohibiting free exercise thereof perhaps early days republic words understood protect diversity within christianity today recognized guaranteeing religious liberty equality infidel atheist adherent faith islam judaism wallace jaffree settled law government official nation may violate fundamental constitutional rights regarding matters conscience course adjudicating specific cases come understand establishment clause mean government may promote affiliate religious doctrine organization may discriminate among persons basis religious beliefs practices may delegate governmental power religious institution may involve deeply institution affairs although myriad subtle ways establishment clause values eroded lynch donnelly concurring susceptible single verbal formulation attempted encapsulate essential precepts establishment clause thus everson board education ewing gave summary establishment religion clause first amendment means least neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another neither force influence person go remain away church force profess belief disbelief religion person punished entertaining professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion neither state federal government openly secretly participate affairs religious organizations groups vice versa subsequent decisions refined definition governmental action unconstitutionally advances religion recent years paid particularly close attention whether challenged governmental practice either purpose effect endorsing religion concern long place establishment clause jurisprudence see engel vitale thus wallace jaffree held unconstitutional alabama statute enacted sole purpose expressing state endorsement prayer activities similarly invalidated louisiana creationism act endorses religion purpose edwards aguillard educational program school dist grand rapids ball held violate establishment clause endorsement effect see also texas monthly bullock plurality opinion tax exemption limited religious periodicals effectively endorses religious belief course word endorsement rather derives meaning words found useful years interpreting establishment clause thus noted prohibition governmental endorsement religion preclude government conveying attempting convey message religion particular religious belief favored preferred wallace jaffree concurring judgment emphasis added accord texas monthly bullock separate opinion concurring judgment reaffirming government may favor religious belief disbelief adopt preference dissemination religious ideas edwards aguillard preference particular religious beliefs constitutes endorsement religion abington school district schempp goldberg concurring fullest realization true religious liberty requires government effect favoritism among sects religion nonreligion moreover term endorsement closely linked term promotion lynch donnelly concurring long since held government may promote one religion religious theory another even militant opposite epperson arkansas see also wallace jaffree using concepts endorsement promotion favoritism interchangeably whether key word endorsement favoritism promotion essential principle remains establishment clause least prohibits government appearing take position questions religious belief making adherence religion relevant way person standing political community lynch donnelly concurring occasion past apply establishment clause principles government display objects religious significance stone graham held display copy ten commandments walls public classrooms violates establishment clause closer facts litigation lynch donnelly supra considered whether city pawtucket violated establishment clause including creche annual christmas display located private park within downtown shopping district decision difficult case upheld inclusion creche pawtucket display holding inter alia inclusion creche impermissible effect advancing promoting religion rationale majority opinion lynch none clear opinion contains two strands neither provides guidance decision subsequent cases first opinion inclusion creche display advancement endorsement religion endorsements approved past opinion offers discernible measure distinguishing permissible impermissible endorsements second opinion observes benefit government display creche gave religion indirect remote incidental ibid without saying although justice joined majority opinion lynch wrote concurrence differs significant respects majority opinion main difference concurrence provides sound analytical framework evaluating governmental use religious symbols first foremost concurrence squarely rejects notion tolerate government endorsement religion rather concurrence recognizes endorsement religion invalid sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community second concurrence articulates method determining whether government use object religious meaning effect endorsing religion effect display depends upon message government practice communicates question viewers may fairly understand purpose display inquiry necessity turns upon context contested object appears typical museum setting though neutralizing religious content religious painting negates message endorsement content ibid concurrence thus emphasizes constitutionality creche case depended upon particular physical setting observes every government practice must judged unique circumstances determine whether endorses religion concurrence applied mode analysis pawtucket creche seen context city holiday celebration whole addition creche city display contained santa claus house live santa distributing candy reindeer pulling santa sleigh live christmas tree strung lights statutes carolers dress poles talking wishing well large banner proclaiming seasons greetings miniature village several houses church various figures including clown dancing elephant robot teddy bear see supp ri concurrence concluded creche traditional symbol christmas holiday strong secular elements creche displayed along purely secular symbols creche setting changes viewers may fairly understand purpose display negates message endorsement christian beliefs represented creche four lynch dissenters agreed concurrence controlling question whether pawtucket ha run afoul establishment clause endorsing religion display creche brennan dissenting dissenters also agreed general proposition context government uses religious symbol relevant determining answer question simply reached different answer dissenters concluded elements pawtucket display negate endorsement christian faith caused presence creche viewed inclusion creche city overall display placing government imprimatur approval particular religious beliefs exemplified creche thus stated effect minority religious groups well may reject religion convey message views similarly worthy public recognition entitled public support ibid thus despite divergence bottom line five justices concurrence dissent lynch agreed upon relevant constitutional principles government use religious symbolism unconstitutional effect endorsing religious beliefs effect government use religious symbolism depends upon context general principles sound adopted subsequent cases since lynch made clear evaluating effect government conduct establishment clause must ascertain whether challenged governmental action sufficiently likely perceived adherents controlling denominations endorsement nonadherents disapproval individual religious choices grand rapids accordingly present task determine whether display creche menorah respective particular physical settings effect endorsing disapproving religious beliefs iv turn first county creche display doubt course creche capable communicating religious message see lynch majority opinion concurring brennan dissenting blackmun dissenting indeed creche lawsuit uses words well picture nativity scene make religious meaning unmistakably clear glory god highest says angel creche glory god birth jesus praise god christian terms indisputably religious indeed sectarian said gospel church service holding lynch effect creche display turns setting unlike lynch nothing context display detracts creche religious message lynch display comprised series figures objects group focal point santa house reindeer objects attention separate creche specific visual story tell similarly whatever talking wishing well may obviously center attention separate creche contrast creche stands alone single element display grand staircase floral decoration surrounding creche viewed somehow equivalent secular symbols overall lynch display floral frame like good frames serves draw one attention message inside frame floral decoration surrounding creche contributes rather detracts endorsement religion conveyed creche county allowed holy name society display cross grand staircase easter county surrounded cross easter lilies county say surrounding cross traditional flowers season negate endorsement christianity conveyed cross grand staircase contention traditional christmas greens negate endorsement effect creche fares better fact creche setting county annual program diminish religious meaning first carol program lasted december december occupied one hour day jev effect creche viewed choirs singing vast majority time negated presence choir program second carols performed site creche religious nature carols likely augment religious quality scene secularize furthermore creche sits grand staircase main beautiful part building seat county government app viewer reasonably think occupies location without support approval government thus permitting display creche particular physical setting lynch concurring county sends unmistakable message supports promotes christian praise god creche religious message fact creche bears sign disclosing ownership roman catholic organization alter conclusion contrary sign simply demonstrates government endorsing religious message organization rather communicating message establishment clause limit religious content government communications also prohibits government support promotion religious communications religious organizations see texas monthly bullock government support distribution religious messages religious organizations violates establishment clause indeed concept endorsement conveys sense promoting someone else message thus prohibiting government endorsement religion establishment clause prohibits precisely occurred government lending support communication religious organization religious message finally county argues sufficient validate display creche grand staircase display celebrates christmas christmas national holiday argument obviously proves much allow celebration eucharist inside courthouse christmas eve county may doubts constitutional status celebrating eucharist inside courthouse government auspices see tr oral arg government may acknowledge christmas cultural phenomenon first amendment may observe christian holy day suggesting people praise god birth jesus sum lynch teaches government may celebrate christmas manner form way endorses christian doctrine allegheny county transgressed line chosen celebrate christmas way effect endorsing patently christian message glory god birth jesus christ lynch rest cases nothing required demonstrate violation establishment clause display creche context therefore must permanently enjoined justice kennedy three justices join find display creche consistent establishment clause argues conclusion necessarily follows decision marsh chambers sustained constitutionality legislative prayer post also asserts creche even setting poses realistic risk represent ing effort proselytize post repudiated endorsement inquiry favor proselytization approach analysis creche contends reflects unjustified hostility toward religion post justice kennedy reasons permitting creche grand staircase condemnation reasons deciding otherwise far reaching implications require response depth marsh relied specifically fact congress authorized legislative prayer time produced bill rights see supra justice kennedy however argues marsh legitimates practices greater potential establishment religion accepted traditions dating back founding post otherwise justice asserts practices national motto god trust pledge allegiance phrase god added pub stat danger invalidity previous opinions considered dicta motto pledge characterizing consistent proposition government may communicate endorsement religious belief lynch concurring brennan dissenting need return subject ceremonial deism see supra obvious distinction creche displays references god motto pledge however history may affect constitutionality nonsectarian references religion government history legitimate practices demonstrate government allegiance particular sect creed indeed marsh recognized even unique history legislative prayer justify contemporary legislative prayers effect affiliating government one specific faith belief legislative prayers involved marsh violate principle particular chaplain removed references christ thus marsh plainly stand sweeping proposition justice kennedy apparently ascribe namely accepted practices years old equivalents constitutional today marsh given facts reasoning compel conclusion display creche involved lawsuit constitutional although justice kennedy says comprehend creche display invalid marsh post surely able distinguish specifically christian symbol like creche general religious references like legislative prayers marsh justice kennedy reading marsh gut core establishment clause understands history nation perhaps sad say contains numerous examples official acts endorsed christianity specifically see borden jews turks infidels examples date back founding republic heritage official discrimination place jurisprudence establishment clause whatever else establishment clause may mean held mean official preference even religion nonreligion see texas monthly bullock certainly means least government may demonstrate preference one particular sect creed including preference christianity religions clearest command establishment clause one religious denomination officially preferred another larson valente breaches command throughout nation history diminish way force command cf laycock supra although justice kennedy misreading marsh predicated failure recognize bedrock establishment clause principle regardless history government may demonstrate preference particular faith even forced acknowledge instances favoritism constitutionally intolerable post concedes also term endorsement long another way defining forbidden preference particular sect post repudiate endorsement inquiry jurisprudence minutiae post examines particular contexts government employs religious symbols label course tagged many areas constitutional adjudication example determining whether fourth amendment requires warrant probable cause government may conduct particular search seizure hesitated balance governmental privacy interests assess practicality warrant probable cause requirements particular context skinner railway labor executives emphasis added inquiry depends circumstances surrounding search seizure nature search seizure quoting montoya de hernandez see also treasury employees von raab repeating principle applicability warrant requirement turns particular context search issue perhaps unfortunate nonetheless inevitable broad language many clauses within bill rights must translated adjudicatory principles realize full meaning application series concrete cases indeed even justice kennedy preferred approach establishment clause transformed exception rule justice substitute term proselytization endorsement post proselytization test suffers defect one must call requiring close factual analysis justice kennedy doubt example establishment clause forbids city permit permanent erection large latin cross roof city hall obtrusive religious display place government weight behind obvious effort proselytize behalf particular religion post also suggests city demonstrate unconstitutional preference christianity displayed christian symbol every major christian holiday display religious symbols faiths religious holidays post justice kennedy enough preference christianity city year displayed creche days christmas season cross days lent never symbols religions cross creche display contained sign exhorting city citizens offer devotions god creator son jesus christ redeemer world see supra point rhetorical questions obvious order define precisely government justice kennedy proselytization test decide series cases particular fact patterns fall along spectrum government references religion permanent display cross atop city hall passing reference divine providence official address one wished uncharitable justice kennedy see post one say methodology requires counting number days government displays christian symbols subtracting number days symbols displayed divided number different religions represented displays somehow factoring equation prominence display location degree symbol possesses inherently proselytizing quality justice kennedy course defend position pointing inevitably nature question whether particular governmental practice signals government unconstitutional preference specific religious faith justice kennedy formulation essential establishment clause inquiry less fact intensive endorsement formulation adopted justice kennedy wary accusing formulation using little intuition tape measure post lest find formulation convicted identical charge indeed perhaps real distinction justice kennedy proselytization test endorsement inquiry burden unmistakable clarity justice kennedy apparently require government favoritism specific sects order hold favoritism violation establishment clause post question whether particular practice place government weight behind obvious effort proselytize particular religion post much whether practice demonstrates government support promotion endorsement particular creed particular sect except extent requires obvious allegiance government sect cases however impose burden demonstrating government favored particular sect creed contrary expressly required strict scrutiny practices suggesting denominational preference larson valente keeping unwavering vigilance constitution requires violation establishment clause bowen kendrick concurring quoting dissenting opinion see also lynch concurring myriad subtle ways establishment clause values eroded necessitates careful judicial scrutiny overnment practices purport celebrate acknowledge events religious significance thus said done justice kennedy effort abandon endorsement inquiry favor proselytization test seems nothing attempt lower considerably level scrutiny establishment clause cases choose however adhere vigilance managed maintain thus far endorsement inquiry reflects vigilance although justice kennedy repeatedly accuses harboring latent hostility callous indifference toward religion post nothing truth accusations said offensive absurd justice kennedy apparently misperceived respect religious pluralism respect commanded constitution hostility indifference religion misperception antithetical values embodied establishment clause justice kennedy accusations shot weapon triggered following proposition government may celebrate secular aspects christmas must allowed celebrate religious aspects well otherwise government discriminating citizens celebrate christmas religious secular holiday post proposition however flawed foundation government discriminate citizen basis citizen religious faith government secular functions operations contrary constitution mandates government remain secular rather affiliate religious beliefs institutions precisely order avoid discriminating among citizens basis religious faiths secular state must remembered atheistic antireligious state secular state establishes neither atheism religion official creed justice kennedy thus exactly backwards says enforcing constitution requirement government remain secular prescription orthodoxy post follows directly constitution proscription government affiliation religious beliefs institutions orthodoxy religious matters secular state although justice kennedy accuses orwellian rewriting history perhaps justice kennedy slipped form orwellian newspeak equates constitutional command secular government prescribed orthodoxy sure pluralistic society may theocrats wish religion established creed perhaps may even audacious enough claim lack established religion discriminates preferences claim gets relief contradicts fundamental premise establishment clause antidiscrimination principle inherent establishment clause necessarily means discriminators basis religion prevail reason claim prohibiting government celebrating christmas religious holiday discriminates christians favor nonadherents must fail celebrating christmas religious opposed secular holiday necessarily entails professing proclaiming believing jesus nazareth born manager bethlehem christ messiah government celebrates christmas religious holiday example issuing official proclamation saying rejoice glory christ birth means government really declaring jesus messiah specifically christian belief contrast confining government celebration christmas holiday secular aspects favor religious beliefs christians rather simply permits government acknowledge holiday without expressing allegiance christian beliefs allegiance truly favor christians sure christians may wish see government proclaim allegiance christianity religious celebration christmas constitution permit gratification desire contradict logic secular liberty purpose establishment clause protect see larson valente quoting bailyn ideological origins american revolution course religious celebrations christmas located government property violate establishment clause obviously unconstitutional example group parishioners local church go caroling city park sunday advent christian club public university sing carols christmas meeting cf widmar vincent reason activities nature demonstrate government allegiance endorsement christian faith equally obvious however proposition proclamations christian faith located government property permitted establishment clause occur christmas holiday season example mass courthouse surely illustrates judgment made particular proclamation christian belief disseminated particular location government property effect demonstrating government endorsement christian faith necessarily follows practice must enjoined protect constitutional rights citizens follow creed christianity thus incontrovertible decision today premised determination creche display grand staircase demonstrates county endorsement christianity represent hostility indifference religion instead respect religious diversity constitution requires vi display chanukah menorah front building may well present closer constitutional question menorah one must recognize religious symbol serves commemorate miracle oil described talmud menorah message exclusively religious menorah primary visual symbol holiday like christmas religious secular dimensions moreover menorah stands next christmas tree sign saluting liberty challenge made display tree sign presence obviously relevant determining effect menorah display necessary result placing menorah next christmas tree create overall holiday setting represents christmas chanukah two holidays one see lynch concurring mere fact pittsburgh displays symbols christmas chanukah end constitutional inquiry city celebrates christmas chanukah religious holidays violates establishment clause simultaneous endorsement judaism christianity less constitutionally infirm endorsement christianity alone conversely city celebrates christmas chanukah secular holidays conduct beyond reach establishment clause government may celebrate christmas secular holiday follows government may also acknowledge chanukah secular holiday simply put form discrimination jews allow pittsburgh celebrate christmas cultural tradition simultaneously disallowing city acknowledgment chanukah contemporaneous cultural tradition accordingly relevant question establishment clause purposes whether combined display tree sign menorah effect endorsing christian jewish faiths rather simply recognizes christmas chanukah part season attained secular status society two interpretations particular display latter seems far plausible also line lynch christmas tree unlike menorah religious symbol although christmas trees carried religious connotations today typify secular celebration christmas see american civil liberties union illinois charles cert denied tribe american constitutional law ed tribe numerous americans place christmas trees homes without subscribing christian religious beliefs city tree stands alone front building considered endorsement christian faith indeed christmas tree one objects validated creche lynch widely accepted view christmas tree preeminent secular symbol christmas holiday season serves emphasize secular component message communicated elements accompanying holiday display including chanukah menorah tree moreover clearly predominant element city display tree occupies central position beneath middle archway front grant street entrance building menorah positioned one side given configuration much sensible interpret meaning menorah light tree rather vice versa shadow tree menorah readily understood simply recognition christmas traditional way observing season circumstances combination tree menorah communicates simultaneous endorsement christian jewish faiths instead secular celebration christmas coupled acknowledgment chanukah contemporaneous alternative tradition although city used symbol religious meaning representation chanukah case city reasonable alternatives less religious nature difficult imagine predominantly secular symbol chanukah city place next christmas tree dreidel look place might interpreted mocking celebration chanukah absence secular alternative symbol part context city actions must judged determining likely effect use menorah government secular message conveyed two symbols one carries religious meaning observer reasonably might infer fact government chosen use religious symbol government means promote religious faith see abington school district schempp brennan concurring establishment clause forbids use religious means serve secular ends secular means suffice see also tribe choice made inference endorsement present mayor sign diminishes possibility tree menorah interpreted dual endorsement christianity judaism sign holiday season city salutes liberty moreover sign draws upon theme light common chanukah christmas winter festivals links theme nation legacy freedom allows american celebrate holiday season whatever way wishes religiously otherwise sign disclaim overwhelming message endorsement see stone graham explanatory plaque may confirm particular contexts government association religious symbol represent government sponsorship religious beliefs see lynch brennan dissenting mayor sign serves confirm context already reveals display menorah endorsement religious faith simply recognition cultural diversity given considerations sufficiently likely residents pittsburgh perceive combined display tree sign menorah endorsement disapproval individual religious choices grand rapids adjudication display effect must take account perspective one neither christian jewish well adhere either religions constitutionality effect must also judged according standard reasonable observer see witters washington dept services blind concurring part concurring judgment see also tribe challenged government practices judged perspective reasonable measured standard menorah need excluded particular display christmas tree alone pittsburgh location endorse christian belief facts us addition menorah fairly understood result simultaneous endorsement christian jewish faiths lynch concurring contrary purposes establishment clause city overall display must understood conveying city secular recognition different traditions celebrating season conclusion particular context menorah display effect endorsing religious faith foreclose possibility display menorah might violate either purpose entanglement prong lemon analysis issues addressed appeals may considered remand vii lynch donnelly confirms way repudiates longstanding constitutional principle government may engage practice effect promoting endorsing religious beliefs display creche county courthouse unconstitutional effect display menorah front building however effect given particular physical setting judgment appeals affirmed part reversed part cases remanded proceedings ordered footnotes see encyclopedia religion christmas eastern churches however adopted december feast nativity retaining january date celebrating birth baptism jesus myers celebrations complete book american holidays myers christmas holiday national culture contains secular sectarian elements lynch donnelly brennan dissenting suggested cultural aspect christmas country exceeds theological significance holiday see barnett american christmas study national culture barnett latter part last century aspects christmas taking precedence religious ones luke matthew phrase comes luke tells angel appearing shepherds announce birth messiah angel told shepherds find baby lying manger suddenly angel multitude heavenly host praising god saying glory god highest earth peace good towards men luke king james version unlikely observer standing bottom grand staircase able read text angel banner distance might able closer vantage point side staircase sign indicating direction county offices jev small evergreen tree decorated much like trees behind endposts placed next directional sign ibid arched windows behind staircase two large wreaths large red ribbon ibid see generally bloch biblical historical background jewish holy days bloch holy days bloch biblical historical background jewish customs ceremonies bloch ceremonies encyclopedia religion hanukkah encyclopaedia judaica hanukkah rankin origins festival hanukkah rankin chill minhagim chill trepp complete book jewish observance trepp strassfeld jewish holidays strassfeld see columbia encyclopedia ed williams americans believe worship ed myers see also strassfeld see generally spier comprehensive hebrew calendar see johnson history jews johnson seltzer jewish people jewish thought jewish experience history seltzer word chanukah sometimes spelled chanukkah hanukkah drawn hebrew dedication encyclopaedia judaica see strassfeld rankin talmud specifically babylonian talmud collection rabbinic commentary jewish law compiled sixth century app see encyclopedia religion talmud see also seltzer menorah hebrew candelabrum see encyclopaedia judaica menorah see babylonian talmud seder shabbath soncino press strassfeld trepp cf mitzvah encyclopaedia judaica common usage mitzvah taken meaning good deed already talmud word used meritorious act distinct positive commandment plural mitzvah mitzvot see also bloch ceremonies according jewish authorities miracle chanukah success maccabees seleucids rather fact oil lasted eight days app either way purpose lighting chanukah candles religious mitzvah celebrate miracle ibid trepp encyclopaedia judaica talmud shabbath bloch ceremonies another translation praised lord god ruler universe sanctified lives commandments commanding us kindle hanukkah lights strassfeld trepp see generally encyclopaedia judaica hanukkah lamp design menorah set forth exodus see also encyclopaedia judaica bloch ceremonies torah scroll contains five books moses must buried special manner longer usable app strassfeld bloch ceremonies trepp also custom serve potato pancakes fried foods chanukah oil fried tradition reminder miracle chanukah app strassfeld trepp encyclopedia religion see also strassfeld course celebration christmas chanukah southern hemisphere occurs summer nonetheless christmas chanukah first developed northern hemisphere longstanding cultural associations beginning winter fact ancient rabbis chose chanukah means mark beginning winter see bloch holy days see also app appeals litigation plainly erred asserted chanukah holiday secular aspects assertion contradicts uncontroverted record evidence presented respondents expert witness also jews within jewish community nontheistic hey base celebration chanukah something religion app strassfeld see also encyclopaedia judaica america hanukkah influenced celebration christmas tradition giving hanukkah gelt money old one proximity christmas made gift giving intrinsic part holiday strassfeld general attempt create jewish equivalent christmas given hanukkah significance festival cycle past ibid hanukkah prospered comes time christmas used jewish equivalent elazar community polity organizational dynamics american jewry hanukkah elaborated american jews protect child defend judaism glamour seductive power christmas liebman ambivalent american jew see also sklare greenblum jewish identity suburban frontier aspects hanukkah observance currently emphasized exchange gifts lighting display menorah windows homes offer ready parallels general mode christmas observance well provide jewish alternative holiday instead alienating jew general culture hanukkah helps situate participant culture hanukkah short becomes jewish christmas see chill perspective jewish religious law chanukah minor festival additionally menorahs like chanukah secular well religious dimension record litigation contains passing reference fact menorahs used extensively secular jewish organizations represent jewish people app chabad also known lubavitch organization hasidic jews follow teachings particular jewish leader lubavitch rebbe lubavitch movement branch hasidism branch orthodox judaism pittsburgh total population jews families attend synagogue pittsburgh lubavitch center respondents also sought preliminary injunction display creche menorah holiday season characterizing creche menorah de minimis context first amendment district december denied respondents motion preliminary injunctive relief respondents however claim city christmas tree violates establishment clause seek enjoin display respondents also claim county program unconstitutional see tr oral arg addition agreeing city menorah display violate establishment clause chabad contends constitutional right display menorah front building light disposition establishment clause question menorah need address chabad contention see also borden jews turks infidels charting history discrimination citizens centuries laycock nonpreferential aid religion false claim original intent wm mary rev laycock intolerance late americans towards catholics jews moslems atheists basis interpreting establishment clause today state may neither allow students receive religious instruction premises illinois ex rel mccollum board education school dist champaign county allow students receive education religious schools school district grand rapids ball similarly unconstitutional prayer public schools abington school district schempp engel vitale content public school curriculum may based desire promote religious beliefs edwards aguillard epperson arkansas reason posting ten commandments wall classroom violates establishment clause stone graham statute conditions holding public office belief existence god unconstitutional torcaso watkins one grants tax exemption religious literature texas monthly bullock one grants employee right work sabbath estate thornton caldor reasoning employees might also strong reasons taking particular day work week see also larson valente invalidating statute imposed registration reporting requirements upon religious organizations solicit funds nonmembers larkin grendel den see aguilar felton wolman walter meek pittenger lemon kurtzman see bowen kendrick edwards aguillard witters washington dept services blind aguilar felton school dist grand rapids ball estate thornton caldor wallace jaffree larkin grendel den stone graham committee public education religious liberty regan meek pittenger supra sloan lemon committee public education religious liberty nyquist hunt mcnair levitt committee public education religious liberty need review applications lynch purpose entanglement elements lemon inquiry since present action appeals consider issues difference approach lynch majority concurrence especially evident opinion treatment marsh chambers case sustained practice legislative prayer based unique history congress authorized payment legislative chaplains week reached final agreement language bill rights lynch majority employed marsh comparatively forbid use creche congress legislatures open sessions prayers paid chaplains stilted overreaction contrary history holdings lynch concurrence contrast harmonized result marsh endorsement principle rigorous way explaining legislative prayer like invocation commences session form acknowledgment religion serve wa reasonably possible culture legitimate secular purposes solemnizing public occasions expressing confidence future encouraging recognition worthy appreciation society function history form ceremonial deism suggest practices understood conveying government approval particular religious beliefs ibid see also brennan dissenting county city argue use religious symbols violate establishment clause unless shown coercive reply brief petitioners county allegheny et al tr oral arg recognize repeatedly stated proof coercion necessary element claim establishment clause committee public education religious liberty nyquist see also abington school district schempp engel vitale suggest reconsider principle reply brief petitioners allegheny county et al cf american jewish congress chicago dissenting opinion mcconnell coercion lost element establishment wm mary rev declines proceeds apply controlling endorsement inquiry require independent showing coercion presence santas christmas decorations elsewhere county courthouse nearby gallery forum fail negate endorsement effect creche record demonstrates clearly creche floral frame display distinct decorations exhibitions building tr oral arg see app religious well nonreligious carols sung program grand staircase appear kind location free place displays weeks time presence creche location six weeks serve associate government creche even grand staircase occasionally used displays creche example display flags commemorating anniversary israel independence remains true display located fairly may understood express views receive support endorsement government event county press releases made clear public county associated creche jev flier identifying choral program county sponsored app linking creche choral program moreover county created visual link creche placed next official county signs two small evergreens identical creche display respect creche raise kind public forum issue cf widmar vincent presented creche mccreary stone aff equally divided sub nom board trustees scarsdale mccreary private creche public park display creche justified accommodation religion see corporation presiding bishop church jesus christ saints amos government efforts accommodate religion permissible remove burdens free exercise religion concurring judgment display creche courthouse remove burden free exercise christianity christians remain free display creches homes churches sure prohibiting display creche courthouse deprives christians satisfaction seeing government adopt religious message kind government affiliation particular religious messages precisely establishment clause precludes worth noting marsh sustained validity legislative prayer necessarily follow practices like proclaiming national day prayer constitutional see post legislative prayer urge citizens engage religious practices basis well distinguishable exhortation government people engage religious conduct practice us express judgment constitutionality among stories scholar recounts one especially apt light justice kennedy citation thanksgiving proclamations post james hammond governor south carolina announced day thanksgiving humiliation prayer exhorted citizens denominations assemble respective places worship offer devotions god creator son jesus christ redeemer world jews charleston protested charging hammond obvious discrimination preference tenor proclamation amounted utter exclusion portion people south carolina hammond responded always thought settled matter lived christian land temporary chief magistrate christian people country among people publicly called account reprimanded required make amends acknowledging jesus christ redeemer world believed possible come pass occident january borden emphasis borden instance maryland adopted declaration rights allowed legislature impose tax support christian religion requirement state officials declare belief christian religion stokes church state efforts made remove discriminations unsuccessful see also quoting explicitly christian proclamation president john adams urged americans seek god grace redeemer world holy spirit justice kennedy evidently believes contemporary references exclusively christian creeds like trinity divinity jesus official acts proclamations justified religious sentiments responsible adoption first amendment see story commentaries constitution time first amendment adoption general universal sentiment america christianity receive encouragement state however squarely rejected proposition establishment clause interpreted light favoritism christianity may existed among founders republic wallace jaffree describing violate proselytization test justice kennedy uses adjectives permanent continual post suggest temporary acts favoritism particular sect violate establishment clause presumably however justice kennedy really intend adjectives define limits principle since obvious government efforts proselytize may short duration governor hammond thanksgiving proclamation illustrates see supra event repudiated notion preferences particular religious beliefs permissible unless permanent bowen kendrick ordered inquiry specific instances impermissible behavior may occurred administration statutory program clear moreover justice kennedy thinks display creche lawsuit permissible even lax proselytization test although early opinion finds realistic risk creche represent effort proselytize post end concludes eager proselytizer may seek use public creche displays ends urge use teach taunt always present post emphasis added whatever cause inconsistency obvious creche grand staircase communicates message jesus messiah worshipped inherently prosyletizing message ever one fact angel creche display represents according christian tradition one original proselytizers christian faith angel appeared shepherds tell birth christ thus seem justice kennedy find display unconstitutional according consistent application principle government may place weight behind obvious efforts proselytize christian creeds specifically contrary justice kennedy assertion decision lynch foreclose conclusion lynch certainly dispositive claim post regarding government display creche bearing explicitly proselytizing sign like let rejoice jesus christ redeemer world cf supra much justice kennedy tries see post hiding behind fiction lynch decides constitutionality every possible government creche display stripped fiction justice kennedy opinion transparently lacks principled basis consistent precedents asserting creche display must held constitutional thus justice kennedy incorrect says post fails explain today decision require elimination religious christmas music public property attempt legitimate display creche grand staircase justice kennedy repeatedly characterizes accommodation religion see post accommodation religion order permitted establishment clause must lift identifiable burden exercise religion corporation presiding bishop church jesus christ saints amos concurring judgment emphasis original see also mcconnell accommodation religion rev defining accommodation government action specifically purpose facilitating free exercise religion usually exempting religious practices general regulations defined thus concept accommodation plainly relevance display creche lawsuit see supra one may agree justice kennedy scope accommodations permissible establishment clause larger scope accommodations mandated free exercise clause see post example prompted decision goldman weinberger comes readily mind although free exercise clause require air force exempt yarmulkes rule least plausible establishment clause permits air force promulgate regulation exempting yarmulkes similar religiously motivated headcoverings rule category permissible accommodations religion required free exercise clause aids creche grand staircase prohibiting display creche location bears repeating impose burden practice christianity except extent christian sect seeks officially approved religion therefore permitting display accommodation religion conventional sense justice kennedy clever mistaken asserting description menorah supra purports turn national theology board post inquiry concerning government use religious object determine whether use results unconstitutional religious preference requires review factual record concerning religious object even inquiry conducted pursuant justice kennedy proselytization test surely justice kennedy mean must keep ignorance symbol conventional use decide constitutional question knowing knew case filed prescription ignorance obviously bias according religious cultural backgrounds members condition much intolerable results efforts become familiar relevant facts moreover relevant facts concerning chanukah menorah largely found record indicated extensive citation appendix supra event members hesitated referring secondary sources aid establishment clause analysis see lynch brennan dissenting question whether government activity communicates endorsement religion large part legal question answered basis judicial interpretation social facts concurring display menorah next creche government property might prove invalid cf greater houston chapter american civil liberties union eckels supp sd tex appeal dism cert denied war memorial containing crosses star david unconstitutionally favored christianity judaism discriminating beliefs patriotic soldiers neither christian jewish worth recalling member lynch suggested government may celebrate secular aspects christmas contrary four dissenters stated public officials participate secular celebration christmas example decorating public places secular images wreaths garlands santa claus figures move closer limits constitutional power nevertheless remain within boundaries set establishment clause brennan dissenting emphasis original thus take obvious examples permissible city display front building banner exclaiming merry christmas also permissible city display location banner proclaiming happy chanukah justice brennan however seems suggest even practice problematic holidays associated religious traditions excluded see post government engages secular celebration christmas without reference holidays celebrated traditions excluded yet justice brennan approved government secular celebration christmas see supra distinctly implausible view combined display tree sign menorah endorsing jewish faith alone time litigation pittsburgh population approximately jews dept commerce bureau census statistical abstract ed app city like pittsburgh places symbol chanukah next symbol christmas result may simultaneous endorsement christianity judaism depending upon circumstances display city addition visual representation chanukah christmas display reasonably understood endorsement jewish yet christian belief thus unless combined display fairly seen double endorsement christian jewish faiths must viewed celebrating holidays without endorsing either faith conclusion pittsburgh combined display interpreted endorsing judaism alone mean however implausible general matter city like pittsburgh endorse minority faith display menorah alone might well effect see also barnett describing christmas tree along gift giving santa claus aspects christmas become intimately identified national life immigrants feel need adopt customs order part american culture course tree capable taking religious significance decorated religious symbols cf gilbert season good tension reconstructionist considering christmas tree without star bethlehem one cultural aspects christmas celebration although christmas tree represents secular celebration christmas association christmas holiday religious dimensions makes conceivable tree might seen representing christian religion displayed next object associated jewish religion reason agree justice brennan justice stevens one must ask whether tree menorah together endorse religious beliefs christians jews reasons stated text however conclude city overall display impermissible effect contrary assertions justice justice kennedy suggested government failure use available secular alternative necessarily results establishment clause violation rather suffices say availability unavailability secular alternatives obvious factor considered deciding whether government use religious symbol amounts endorsement religious faith lynch contrast need pawtucket include creche order convey secular message christmas see blackmun dissenting thus unless addition creche pawtucket display recognized endorsement christian faith creche relegated role neutral harbinger holiday season serving function different performed secular symbols christmas said addition menorah pittsburgh display inclusion menorah broadens pittsburgh display refer christmas also chanukah different holiday belonging different tradition demean jewish faith religious significance menorah say menorah context represents holiday chanukah whole religious secular aspects christmas tree context said represent holiday christmas whole religious secular aspects thus menorah retains religious significance even display follow city endorsed religious belief nonbelief displaying menorah next tree city demonstrated preference religious celebration holiday season conclusion however untenable city substituted creche christmas tree city failed substitute menorah alternative secular representation chanukah say combined display christmas tree menorah constitutional wherever may located government property example located public school display might raise additional constitutional considerations cf edwards aguillard establishment clause must applied special sensitivity context addition nothing opinion forecloses possibility facts menorah display constitute impermissible endorsement religion indeed evidence record past chabad lit menorah front building religious ceremony included recitation traditional religious blessings see app respondents however challenge practice factual findings appeals consider deciding display menorah location necessarily endorses judaism see also suggestion record chabad advocates public display menorahs part proselytizing mission relevant factual findings enable conclude pittsburgh endorsed chabad particular proselytizing message course nothing opinion forecloses challenge menorah display based factual findings justice justice brennan justice stevens join part ii concurring part concurring judgment judicial review government action establishment clause delicate task avoided drawing lines entirely sweep away government recognition acknowledgment role religion lives citizens exhibit neutrality hostility religion instead courts made examinations challenged government action attempted aid standards described justice blackmun part opinion ante unfortunately even development articulable standards guidelines always resulted agreement among members results individual cases today constitutionality two displays issue cases turns interpret apply holding lynch donnelly rejected establishment clause challenge city pawtucket inclusion creche annual christmas holiday display seasonal display reviewed lynch located privately owned park heart shopping district addition creche display included santa claus house reindeer pulling santa sleigh poles christmas tree carolers cutout figures representing characters clown elephant teddy bear hundreds colored lights large banner rea seasons greetings ibid city owned components display setting dismantling creche cost city year nominal expenses incurred lighting creche lynch began analysis stating establishment clause cases call careful fixed per se rule framed although declaring willing confined single test essentially applied lemon test asking whether challenged law conduct secular purpose whether principal primary effect advance inhibit religion whether creates excessive entanglement government religion citing lemon kurtzman reversing lower decision held inclusion creche holiday display violated establishment clause stressed lower erred focusing almost exclusively creche rejected city claim reasons including creche essentially reasons sponsoring display whole ibid viewed context christmas holiday season reasoned insufficient evidence suggest inclusion creche part holiday display effort advocate particular religious message ibid concluded pawtucket secular purpose including creche christmas holiday display namely depict origins holiday also concluded inclusion creche display primary effect advancing religion isplay creche advancement endorsement religion congressional executive recognition origins holiday christ mass exhibition literally hundreds religious paintings governmentally supported museums finally found excessive entanglement religion government evidence contact church authorities concerning content design exhibit prior since pawtucket purchase creche joined majority opinion lynch read opinion consistent analysis set forth separate concurrence stressed government practice must judged unique circumstances determine whether constitutes endorsement disapproval religion emphasis added indeed referring repeatedly inclusion creche larger holiday display lynch majority recognized creche viewed light total display part moreover joined discussion part ii lynch concerning government acknowledgments religion american life view acknowledgments legislative prayers upheld marsh chambers printing god trust coins serve secular purposes solemnizing public occasions expressing confidence future encouraging recognition worthy appreciation society lynch concurring opinion serve secular purposes history ubiquity government acknowledgments religion understood conveying endorsement particular religious beliefs ibid time clear overnment practices purport celebrate acknowledge events religious significance must subjected careful judicial scrutiny concurrence lynch suggested clarification establishment clause doctrine reinforce concept establishment clause prohibits government making adherence religion relevant way person standing political community government violates prohibition endorses disapproves religion endorsement sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community ibid disapproval religion conveys opposite message thus view central issue lynch whether city pawtucket endorsed christianity displaying creche part larger exhibit traditional secular symbols christmas holiday season lynch concluded city display creche larger holiday exhibit private park commercial district neither purpose effect conveying message government endorsement christianity disapproval religions purpose including creche larger display celebrate public holiday traditional symbols promote religious content creche view pawtucket display creche along secular symbols christmas holiday objectively convey message endorsement christianity reasons stated part iv opinion cases agree creche displayed grand staircase allegheny county courthouse seat county government conveys message nonadherents christianity full members political community corresponding message christians favored members political community contrast creche lynch displayed private park city commercial district part broader display traditional secular symbols holiday season creche stands alone county courthouse display religious symbols public areas core government buildings runs special risk mak ing religion relevant reality public perception status political community lynch supra concurring opinion see also american jewish congress chicago city hall plainly government ownership control every display activity building implicitly marked stamp government approval presence nativity scene lobby therefore inevitably creates clear strong impression local government tacitly endorses christianity correctly concludes placement central religious symbol christmas holiday season allegheny county courthouse unconstitutional effect conveying government endorsement christianity ii separate opinion justice kennedy asserts endorsement test flawed fundamentals unworkable practice post opinion concurring judgment part dissenting part view neither criticism persuasive theoretical matter endorsement test captures essential command establishment clause namely government must make person religious beliefs relevant standing political community conveying message religion particular religious belief favored preferred wallace jaffree concurring judgment school dist grand rapids ball see also beschle conservative liberal religion clauses liberal neutrality approach justice notre dame rev note developments law religion state harv rev developments law live pluralistic society citizens come diverse religious traditions adhere particular religious beliefs government neutral matters religion rather showing either favoritism disapproval towards citizens based personal religious choices government endorse religious practices beliefs citizens without sending clear message nonadherents outsiders less full members political community establishment clause standard prohibits coercive practices overt efforts government proselytization post fails take account numerous subtle ways government show favoritism particular beliefs convey message disapproval others view adequately protect religious liberty respect religious diversity members pluralistic political community thus never relied coercion alone touchstone establishment clause analysis see committee public education religious liberty nyquist hile proof coercion might provide basis claim free exercise clause necessary element claim establishment clause engel vitale require showing coercion even indirect coercion essential element establishment clause violation make free exercise clause redundancy see abington school district schempp distinction two clauses apparent violation free exercise clause predicated coercion establishment clause violation need attended see also laycock nonpreferential aid religion false claim original intent wm mary rev coercion also element establishment clause establishment adds nothing free exercise moreover even justice kennedy recognizes establishment clause test limited direct coercion clearly fail account forms ymbolic recognition accommodation religious faith may violate establishment clause post continue believe endorsement test asks right question governmental practices challenged establishment clause grounds including challenged practices involving display religious symbols moreover commentators scholarly literature found merit approach see beschle supra comment lemon reconstituted justice proposed modifications lemon test establishment clause violations rev marshall know see establishment cal rev developments law also remain convinced endorsement test capable consistent application indeed notable three courts appeals considered challenges display creche standing alone city hall concluded relying part endorsement analysis practice sends message nonadherents christianity outsiders political community see american jewish congress chicago aclu birmingham cert denied see also friedman board county commissioners bernalillo county en banc county seal including latin cross spanish motto translated conquer conveys message endorsement christianity cert denied sure endorsement test depends sensitivity unique circumstances context particular challenged practice like test sensitive context may always yield results unanimous agreement margins true many standards constitutional law even modified coercion test offered justice kennedy involves judgment hard choices margin admits much acknowledging permanent display latin cross city hall violate establishment clause display symbols christian holidays alone post display latin cross six months unconstitutional effect display symbols christian holidays one jewish holiday christmastime display creche inside courtroom coercive subpoenaed witnesses opportunity turn backs walk away post displaying creche front public school violate establishment clause justice kennedy test avoid obligation draw lines often close difficult lines deciding establishment clause cases problem unique endorsement test justice kennedy submits endorsement test inconsistent precedents traditions words applied without artificial exceptions historical practice invalidate many traditional practices recognizing role religion society post criticism shortchanges endorsement test explanation reason certain longstanding government acknowledgments religion test convey message endorsement practices legislative prayers opening sessions god save honorable serve secular purposes solemnizing public occasions expressing confidence future lynch concurring opinion examples ceremonial deism survive establishment clause scrutiny simply virtue historical longevity alone historical acceptance practice validate practice establishment clause practice violates values protected clause historical acceptance racial gender based discrimination immunize practices scrutiny fourteenth amendment recognized walz tax new york city one acquires vested protected right violation constitution long use even span time covers entire national existence indeed predates endorsement test history ubiquity practice relevant creates artificial exception test contrary history ubiquity practice relevant provides part context reasonable observer evaluates whether challenged governmental practice conveys message endorsement religion combination longstanding existence practices opening legislative sessions legislative prayers opening sessions god save honorable well nonsectarian nature leads conclusion particular practices despite religious roots convey message endorsement particular religious beliefs see lynch supra concurring opinion developments law similarly celebration thanksgiving public holiday despite religious origins generally understood celebration patriotic values rather particular religious beliefs question endorsement analysis short whether reasonable observer view longstanding practices disapproval particular religious choices light fact serve secular purpose rather sectarian one largely lost religious significance time see tribe american constitutional law ed although endorsement test requires careful often difficult highly context specific alternative test suggested captures essential mandate establishment clause well endorsement test warrants continued application refinement contrary justice kennedy assertions neither endorsement test application cases reflects unjustified hostility toward religion post see also post instead endorsement standard recognizes religious liberty precious citizens make diverse country protected impeded government avoids endorsing religion favoring particular beliefs others clearly government acknowledge role religion society numerous ways amount endorsement see lynch supra concurring opinion moreover government accommodate religion lifting burdens religion see wallace jaffree opinion concurring judgment indeed free exercise clause may mandate particular cases cases involving lifting government burdens free exercise religion reasonable observer take account values underlying free exercise clause assessing whether challenged practice conveyed message endorsement build ing concerns core nonestablishment doctrine recogniz ing role accommodations furthering free exercise endorsement test provides standard capable consistent application avoids criticism levelled lemon test rostain permissible accommodations religion reconsidering new york get statute yale cases today however involve lifting governmental burden free exercise religion repeatedly using terms acknowledgment religion accommodation religion interchangeably however post justice kennedy obscures fact displays issue cases placed city hall order remove burden free exercise religion christians remain free display creches homes churches ante allegheny county neither placed removed governmental burden free exercise religion rather reasons stated part iv opinion conveyed message governmental endorsement christian beliefs establishment clause permit iii reasons differ somewhat set forth part vi justice blackmun opinion also conclude city pittsburgh combined holiday display chanukah menorah christmas tree sign saluting liberty effect conveying endorsement religion agree justice blackmun ante christmas tree whatever origins regarded today religious symbol although christmas public holiday religious secular aspects christmas tree widely viewed secular symbol holiday contrast creche depicts holiday religious dimensions christmas tree displayed front city hall view fairly understood conveying government endorsement christianity although justice blackmun opinion acknowledges christmas tree alone conveys endorsement christian beliefs formulates question posed pittsburgh combined display tree menorah whether display effect endorsing christian jewish faiths rather simply recognizes christmas chanukah part season attained secular status society ante emphasis added formulation question disregards fact christmas tree predominantly secular symbol significantly obscures religious nature menorah holiday chanukah opinion correct recognize religious holiday chanukah historical cultural well religious dimensions may certain secular aspects holiday conclude however justice blackmun seems chanukah become secular holiday society ante easter holiday celebrated christians may accompanied certain secular aspects easter bunnies easter egg hunts nevertheless religious holiday similarly chanukah religious holiday strong historical components particularly important jewish people moreover menorah central religious symbol ritual object religious holiday justice blackmun view however menorah relegated role neutral harbinger holiday season lynch blackmun dissenting almost devoid religious significance view relevant question establishment clause purposes whether city pittsburgh display menorah religious symbol religious holiday next christmas tree sign saluting liberty sends message government endorsement judaism whether sends message pluralism freedom choose one beliefs characterizing message conveyed display either double endorsement secular acknowledgment winter holiday season opinion distinctly implausible view combined display tree sign menorah endorsing jewish faith alone ante statement however seems suggest implausible city endorse faith adhered minority citizenry regardless plausibility putative governmental purpose important inquiry whether governmental display minority faith religious symbol ever reasonably understood convey message endorsement faith menorah standing alone city hall may well send message nonadherents case creche standing alone allegheny county courthouse sends message governmental endorsement christianity whatever county purpose authorizing display may thus question whether pittsburgh holiday display conveys message endorsement judaism menorah religious symbol combined display opinion acknowledges tree reasonably understood convey endorsement christianity one need characterize chanukah secular holiday strain argue menorah secular dimension ante order conclude city pittsburgh combined display convey message endorsement judaism religion general setting holiday display included lighted tree menorah city pittsburgh stressed theme liberty pluralism accompanying exhibit sign bearing following message holiday season city pittsburgh salutes liberty let festive lights remind us keepers flame liberty legacy freedom ante sign indicates city intended convey distinctive message pluralism freedom accompanying display christmas tree secular symbol christmas holiday season salute liberty adding religious symbol jewish holiday also celebrated roughly time year conclude city endorse judaism religion general rather conveyed message pluralism freedom belief holiday season although religious indeed sectarian significance menorah neutralized setting lynch concurring opinion particular physical setting changes viewers may fairly understand purpose display typical museum setting though neutralizing religious content religious painting negates message endorsement content ibid message pluralism conveyed city combined holiday display message endorses religion nonreligion government may favor particular religious beliefs others government may favor religious belief disbelief texas monthly bullock blackmun concurring judgment wallace jaffree concurring judgment displaying secular symbol christmas holiday season rather religious one city acknowledged public holiday celebrated religious nonreligious citizens alike without endorsing christian beliefs reasonable observer view appreciate combined display effort acknowledge cultural diversity country convey tolerance different choices matters religious belief nonbelief recognizing winter holiday season celebrated diverse ways citizens short holiday context combined display particular physical setting conveys neither endorsement judaism christianity disapproval alternative beliefs thus impermissible effect mak ing religion relevant reality public perception status political community lynch supra concurring opinion conclusion depend whether city secular alternative symbol chanukah ante decision lynch clearly turn whether city pawtucket conveyed tribute christmas holiday season using less religious alternative creche symbol display traditional holiday symbols see lynch supra justice brennan argues city objectives achieved without including creche display true irrelevant question whether display creche violates establishment clause view justice blackmun new rule ante inference endorsement arises every time government uses symbol religious meaning secular alternative available blunt instrument establishment clause analysis depends sensitivity context circumstances presented case indeed opinion appears recognize importance contextual sensitivity creating exception new rule case announcing opinion acknowledges purely secular symbol chanukah available namely dreidel top rejects use symbol might interpreted mocking celebration chanukah ibid recognition religious alternative may depending circumstances convey message least likely implicate establishment clause concerns excellent example need focus specific practice question particular physical setting context determining whether government conveyed attempted convey message religion particular religious belief favored preferred sum conclude city pittsburgh combined holiday display neither purpose effect endorsing religion allegheny county creche display effect accordingly join parts ii iv vii opinion concur judgment justice brennan justice marshall justice stevens join concurring part dissenting part previously explained length views relationship establishment clause celebrations christmas holiday see lynch donnelly dissenting opinion continue believe display object retains specifically christian religious meaning incompatible separation church state demanded constitution therefore agree allegheny county display creche county courthouse signals endorsement christian faith violation establishment clause join parts iv opinion agree however city display christmas tree chanukah menorah entrance building housing mayor office shows favoritism towards christianity judaism indeed thought answer first display supplied answer second according creche display sends message endorsing christianity creche bears religious meaning angel display carries banner declaring glory god highest floral decorations surrounding creche highlight rather secularize display christmas tree chanukah menorah contrast said show endorsement particular faith faiths religion general christmas tree secular symbol brings secular elements menorah ante justice blackmun concludes even though menorah religious aspects display reveals endorsement religion symbol used represent secular aspects holiday chanukah without mocking celebration ante rather endorsing religion therefore display merely demonstrates christmas traditional way observing season confirms cultural diversity ante thus decision menorah rests three premises christmas tree secular symbol chanukah holiday secular dimensions symbolized menorah government may promote pluralism sponsoring condoning displays strong religious associations property none sound first step toward justice blackmun conclusion claim despite religious origins christmas tree secular symbol explains christmas tree unlike menorah religious symbol although christmas trees carried religious connotations today typify secular celebration christmas numerous americans place christmas trees homes without subscribing christian religious beliefs city tree stands alone front building considered endorsement christian faith indeed christmas tree one objects validated creche lynch widely accepted view christmas tree preeminent secular symbol christmas holiday season serves emphasize secular component message communicated elements accompanying holiday display including chanukah menorah ante citations footnotes omitted thus acknowledging religious origins christmas tree justices blackmun dismiss significance view attempt take christmas christmas tree unconvincing tree may without controversy deemed secular symbol found alone mean seen combined symbols objects indeed justice blackmun admits tree capable taking religious significance decorated religious symbols ante notion christmas tree necessarily secular indeed shaky despite superficial acceptance idea justice really take seriously conceding menorah standing alone city hall may well send message endorsement jewish faith nevertheless concludes accompanying display christmas tree secular symbol christmas holiday season salute liberty adding religious symbol jewish holiday also celebrated roughly time year conclude city endorse judaism religion general rather conveyed message pluralism freedom belief holiday season ante pluralism justice refers religious pluralism freedom belief emphasizes freedom religious belief display tree menorah symbolize pluralism freedom one religion represented judaism represented scene judaism pluralism thus pluralistic message justice stresses depends tree possessing religious significance asserting christmas tree regardless surroundings purely secular symbol justices blackmun ignore precept otherwise enthusiastically embrace context important determining message conveyed particular objects see ante blackmun relevant question whether display creche menorah respective particular physical settings effect endorsing disapproving religious beliefs quoting school dist grand rapids ball ante government practice must judged unique circumstances determine whether constitutes endorsement disapproval religion quoting lynch donnelly concurring ante establishment clause analysis depends sensitivity context circumstances presented case ante emphasizing need focus specific practice question particular physical setting context analyzing symbolic character christmas tree justices blackmun abandon contextual inquiry go badly astray positioned christmas tree religious significance bound come fore situated next menorah justice blackmun acknowledges symbol religious meaning ante indeed central religious symbol ritual object chanukah ante christmas tree religious dimension overlooked observers display even though tree alone may deemed predominantly secular hardly characterized placed next forthrightly religious symbol consider poster featuring star david statute buddha christmas tree mosque drawing krishna doubt found company tree serves unabashedly religious symbol justice blackmun believes tree changes message menorah rather menorah alters view tree abrupt dismissal suggestion flora surrounding creche might diluted religious character display county courthouse ante quick conclusion christmas tree secularizing effect menorah surprising distinguishing characteristic appears size tree tree told much taller times taller fact menorah located directly one building archways whereas menorah positioned one side shadow tree ante factual matter seems sight menorah far eye catching rather conventionally sized christmas tree also seems likely symbol singular message predominate one lacking clear meaning given homogenized message justice blackmun associates christmas tree expect menorah concededly religious character tend dominate tree though justice blackmun shunts point end opinion ante highly relevant menorah lit religious ceremony complete traditional religious blessings comprehend failure challenge separately portion city festivities precludes us considering assessing message sent display whole see ibid openly religious introduction likely religious aspects menorah front center display however presume say interpretation tree significance correct one one shared visitors city county building know decide whether tree stripped religious connotations menorah menorah laid bare religious origins tree reasonable interpretations scene city presented thus think satisfy justice blackmun requirement display judged according standard reasonable observer ante shudder think reasonable observer one shares particular views perspective spacing accent expressed justice blackmun opinion thus making analysis establishment clause look like exam art inquiry constitutional law ii second premise today decision rests notion chanukah partly secular holiday menorah serve secular symbol surprise anomaly chanukah historical societal roots range beyond purely religious venture major religious holidays beginnings enjoy histories studded figures events practices strictly religious seem mere fact chanukah shares kind background makes secular holiday meaningful sense menorah indisputably religious symbol used ritually celebration deep religious significance view need said whatever secular practices holiday chanukah taken contemporary observance beside point indeed outset discussion menorah display justice blackmun recognizes menorah religious symbol ante end case lynch justice blackmun focusing holiday context menorah appeared seeks explain away clear religious import menorah brennan dissenting end opinion menorah become coequal symbol christmas tree season ante pittsburgh secularization inherently religious symbol aided abetted justice blackmun opinion recalls effort lynch render creche secular symbol said suggest symbol merely traditional therefore different santa house reindeer offensive creche profound significance insulting insist religious personal reasons story christ sense part history unavoidable element national heritage justice rightly observes justice blackmun obscures religious nature menorah holiday chanukah ante short accept effort transform emblem religious faith innocuous symbol holiday religious secular dimensions ante blackmun iii justice blackmun acceptance city message diversity ante even justice approval message pluralism freedom choose one beliefs ante appear believe seasonal displays concerned better whereas display might constitutionally problematic showcased holiday one religion problems vaporize soon one religion included know principle establishment clause however permits us conclude governmental promotion religion acceptable long one religion favored contrary interpreted clause require neutrality among religions religion nonreligion see everson board education ewing wallace jaffree discern theory government permitted appropriate particular holidays religious objects use celebrating pluralism message sign announcing salute liberty religious patriotic government use religion promote cause undoubtedly offensive whose religious beliefs bound attitude toward nation uncritical acceptance message religious pluralism also ignores extent even message may offend many religious faiths hostile indeed refuse even participate ecumenical services designed demonstrate pluralism justices blackmun extol lump ritual objects holidays religions together without regard attitudes toward inclusiveness decide religions excluded possibility offense benign beneficent celebration pluralism instead interference religious matters precluded establishment clause display menorah alongside christmas tree also works distortion jewish religious calendar justice blackmun acknowledges proximity christmas may accoun social prominence chanukah country ante proximity christmas undoubtedly accounts city decision participate celebration chanukah rather far significant jewish holidays rosh hashanah yom kippur contrary impression city justices blackmun seem create emphasis season december holiday season judaism thus city erection alongside christmas tree symbol relatively minor jewish religious holiday far conveying city secular recognition different traditions celebrating season ante blackmun message pluralism freedom belief ante effect promoting christianized version judaism holiday calendar appear willing accept revolves exclusively around christian holiday religions holiday period thanksgiving new year day benefit even manner city tribute liberty freedom belief pluralism understand religious pluralism display signifies know kind pluralism justice mind perhaps means cultural pluralism results recognition many different holidays religious nonreligious case however display menorah next giant firecracker symbolic fourth july seem equally representative pluralism yet sense display pass muster justice view instead justice means approve pluralistic message associated symbolic display may stand either secular religious aspects given holiday view logically entail conclusion display latin cross next easter bunny springtime valid establishment clause however sense conclusion comport justice views final possibility one seems consonant views outlined opinion see ante pluralism justice perceives pittsburgh display arises recognition many different ways celebrate winter holiday season ante winter holiday season christians jews implicit message rather autumn time pluralism sends impermissible signal holidays stemming christianity arising religions favorably dispose government towards pluralism see infra justice stevens justice brennan justice marshall join concurring part dissenting part governmental recognition one two religions distinguishes cases prior establishment clause cases therefore appropriate reexamine text context clause determine impact novel situation relations church state end fell two quite different categories several european countries one national religion church england great britain established established church typically supported tax revenues laws conferring privileges upon members sometimes violent persecution nonadherents contrast although several american colonies assessed taxes support one chosen faith none newly subsidized single religion repealed establishment laws altogether others replaced single establishments laws providing nondiscriminatory support one religion historical backdrop james madison representative virginia rose floor first congress june proposed number amendments constitution including following civil rights none shall abridged account religious belief worship shall national religion established shall full equal rights conscience manner pretext infringed annals cong emphasis added terms initial draft establishment clause prohibited national established church prevailed england multiple establishments existed six permitted even even among members established churches widespread opposition multiple establishments social divisions caused perhaps response opposition subsequent drafts broadened scope establishment clause national religion religion word understood primarily mean irtue founded upon reverence god expectation future rewards punishments secondarily system divine faith worship opposite others johnson dictionary english language ed accord sheridan complete dictionary english language ed cf frazee illinois dept employment security construing religion protected free exercise clause include sincerely held religious belief apart membership organized religious denomination plainly clause ratified proscribes federal legislation establishing number religions well single national church similarly expanded relationship government religion disallowed whereas earlier drafts barred laws establishing touching religion final text interdicts laws respecting establishment religion phrase forbids even partial establishment lemon kurtzman engel vitale particular sect favor others also religion preference nonreligion wallace jaffree also significant final draft contains word respecting like touching respecting means concerning reference also means respect reverence good regard taking account richer meaning establishment clause banning laws concern religion especially prohibits pay homage religion treatment symbol particular tradition demonstrates one attitude toward tradition cf texas johnson thus prominent display religious symbols government property falls within compass first amendment even though interference personal choices supporting church means governmental tithing primary concern see walz tax new york city supra whether vice display characterized coercion see post kennedy concurring judgment part dissenting part endorsement see ante concurring part concurring judgment merely state action purpose effect providing support specific faiths cf lemon common ground symbolic governmental speech respecting establishment religion may violate constitution cf jaffree lynch donnelly opinion establishment clause construed create strong presumption display religious symbols public property always risk symbols offend nonmembers faith advertised well adherents consider particular advertisement disrespectful devout christians believe creche placed reverential settings church perhaps private home countenance use aid commercialization christ birthday cf lynch blackmun dissenting suit members jewish faith firmly opposed use menorah put particular sect sponsored display pittsburgh building even though assersby disagree message conveyed displays free ignore even turn backs see post kennedy concurring judgment part dissenting part displays kind inevitably greater tendency emphasize sincere deeply felt differences among individuals achieve ecumenical goal establishment clause allow public bodies foment disagreement application strong presumption public use religious symbols scarcely require relentless extirpation contact government religion see post kennedy concurring judgment part dissenting part prohibit display message evaluated context presented nonsecular example carving moses holding ten commandments adornment courtroom wall conveys equivocal message perhaps respect judaism religion general law addition carvings depicting confucius mohammed may honor religion particular religions extent first amendment tolerate permanent erection large latin cross roof city hall see post kennedy concurring judgment part dissenting part cf stone graham per curiam placement secular figures caesar augustus william blackstone napoleon bonaparte john marshall alongside three religious leaders however signals respect great proselytizers great lawgivers absurd exclude fitting message courtroom exclude religious paintings italian renaissance masters public museum cf lynch brennan dissenting far border ing latent hostility toward religion see post kennedy concurring judgment part dissenting part careful consideration context gives due regard religious nonreligious members society thus find wholly unpersuasive justice kennedy attempts post belittle importance obvious differences display creche case lynch donnelly even dissented conclusion creche lynch constitutional conclude allegheny county unambiguous exposition sacred symbol inside courthouse promoted christianity degree violated establishment clause accordingly concur judgment regarding creche substantially reasons discussed justice brennan opinion join well part iv justice blackmun opinion part justice opinion agree conclusion display pittsburgh building constitutional standing alone front governmental headquarters lighted evergreen tree might convey holiday greetings linked tenuously christianity constitutional moment juxtaposition tree menorah make latter secular justice blackmun contends ante rather presence chanukah menorah unquestionably religious symbol gives religious significance christmas tree overall display thus manifests governmental approval jewish christian religions cf jaffree quoting lynch concurring although conceivably might interpreted sending message pluralism freedom choose one beliefs ante concurring part concurring judgment accord ante opinion blackmun message sufficiently clear overcome strong presumption display respecting two religions exclusion others kind double establishment first amendment designed outlaw therefore affirm judgment appeals entirety history religious establishments discussed swomley religious liberty secular state swomley see generally levy establishment clause levy one historian describes situation time passage first amendment follows america establishment single church england four never adopted establishment practices three abolished establishments revolution remaining six massachusetts new hampshire connecticut maryland south carolina georgia changed comprehensive multiple establishments aid provided churches state nonpreferential basis except establishment limited churches protestant religion three christian religion three since almost catholics first group jews state meant multiple establishment practices included every religious group enough members form church nonpreferential assistance organized churches constituted establishment religion practice amendment forbade congress adopt pritchett american constitution ed comprehensive narration process see levy see also wallace jaffree rehnquist dissenting swomley drakeman religion republic james madison first amendment james madison religious liberty alley ed members established church also disapproved taxation religious purposes one james sullivan later elected governor massachusetts wrote taxation glaring piece religious tyranny founded upon one suppositions church members religious understanding higher privilege preeminence full communion words growth grace religious requirements gave right taking disposing property people consent struggle religious liberty massachusetts struggle taxation religious purposes struggle civil disobedience appeals crown faraway england societies organized fight tax even denominations right taxed churches meetings continued resist tax even nonpreferential basis organized religious groups received tax funds finally state senate refused end establishment voted submit issue people vote took place disestablishment keeping multiple establishments religion vote amendment made effective legislation swomley proscription applies virtue fourteenth amendment jaffree respect defined sheridan complete dictionary english language ed see johnson dictionary english language ed see also oxford english dictionary webster ninth new collegiate dictionary criticism justice kennedy levels justice endorsement standard evaluating symbolic speech see post uncharitable post also largely unfounded inter alia neglects mention articles cites disfavoring endorsement test post cites fewer articles book lauding test see smith symbols perceptions doctrinal illusions establishment neutrality endorsement test rev justice kennedy preferred coercion test moreover admits post step precedent stated establishment clause unlike free exercise clause depend upon showing direct governmental compulsion violated enactment laws establish official religion whether laws operate directly coerce nonobserving individuals engel similar vein interpreted amendment strictly worded free speech free press clauses raise strong presumption rather ban outright state abridgment communications see roaden kentucky suggesting presumption plays role considering governmental symbolic speech religion retreat position high impregnable wall separate government funds parochial schools treasuries see committee public education religious liberty regan stevens dissenting quoting everson board education ewing point reiterated amicus governing board national council churches christ argues government acceptance creche public property secularizes degrades sacred symbol christianity brief american jewish committee et al amici curiae ii see also engel indeed two roman catholics testified district case creche display offended app see brief american jewish committee et al amici curiae brief american jewish congress et al amici curiae tr oral arg cases illustrate danger governmental displays religious symbols may give rise unintended divisiveness net result disposition disallow display creche allow display menorah laypersons unfamiliar intricacies establishment clause jurisprudence may reach wholly unjustified conclusion preferring one faith another see goldman weinberger stevens concurring cf lemon kurtzman constitution authors sought protect religious worship pervasive power government engel neither fact prayer may denominationally neutral fact observance part students voluntary serve free limitations establishment clause suggestion alternative governmental support religion governmental hostility represents giant step backward religion clause jurisprudence indeed first contemporary examination establishment clause differing apply principle unanimously agreed government require believers nonbelievers support religions everson board education ewing see also rutledge dissenting accord jaffree cf new york ferber stevens concurring judgment question whether specific act communication protected first amendment always requires consideration content context leaders course appear friezes walls courtroom see published cooperation historical society long ago rejected contention similar justice kennedy advances today argued apply constitution way prohibit state laws respecting establishment religious services public schools indicate hostility toward religion toward prayer nothing course wrong history man inseparable history religion early americans knew first amendment tried put end governmental control religion prayer written destroy either knew rather written quiet fears nearly felt arising awareness governments past shackled men tongues make speak religious thoughts government wanted speak pray god government wanted pray neither sacrilegious antireligious say separate government country stay business writing sanctioning official prayers leave purely religious function people people choose look religious guidance engel footnotes omitted judge counsel sides agreed preliminary injunction hearing menorah religious symbol app rabbi testified expert witness menorah creche comparable symbols represent perceive miracles never heard hanukkah declared general secular holiday although witness intervenor chabad testified later hearing hen used hanukkah home definitely symbolizing religious ritual whereas times menorah symbolize anything one wants symbolize also agreed lighting menorah public place probably publicize miracle represents nonetheless justice blackmun attaches overriding secular meaning menorah ante contra ante concurring part concurring judgment ante brennan concurring part dissenting part post kennedy concurring judgment part dissenting part reaches conclusion exhaustive reference facts record primarily academic treatises assess degrees menorah tree creche religious secular ante justice kennedy chief justice justice white justice scalia join concurring judgment part dissenting part majority holds county allegheny violated establishment clause displaying creche county courthouse principal primary effect display advance religion within meaning lemon kurtzman view establishment clause reflects unjustified hostility toward religion hostility inconsistent history precedents dissent holding creche display constitutional reasons display menorah city pittsburgh permissible well latter point concur result reasoning part vi justice blackmun opinion keeping usual fashion recent years majority applies lemon test judge constitutionality holiday displays question content present purposes remain within lemon framework wish seen advocating let alone adopting test primary guide difficult area persuasive criticism lemon emerged see edwards aguillard scalia dissenting aguilar felton dissenting wallace jaffree rehnquist dissenting roemer maryland bd public works white concurring judgment cases often question utility providing concrete answers establishment clause questions calling helpful signpos guidelin assist deliberations rather comprehensive test mueller allen quoting hunt mcnair committee public education religious liberty nyquist quoting tilton richardson see lynch donnelly repeatedly emphasized unwillingness confined single test criterion sensitive area substantial revision establishment clause doctrine may order unnecessary undertake task today even lemon test applied proper sensitivity traditions case law supports conclusion creche menorah permissible displays context holiday season lemon factor implicated cases directs us inquire whether principal primary effect challenged government practice one neither advances inhibits religion requirement neutrality inherent formulation sometimes stated categorical terms example everson board education ewing first case modern establishment clause jurisprudence justice black wrote clause forbids laws aid one religion aid religions prefer one religion another stated government must neutral matters religious theory doctrine practice may aid foster promote one religion religious theory another even militant opposite epperson arkansas spoken prohibition conferring imprimatur state approval religion mueller allen supra quoting widmar vincent favor ing adherents sect religious organization gillette statements must give impression formalism exist taken logical extreme language quoted require relentless extirpation contact government religion history purpose establishment clause government policies accommodation acknowledgment support religion accepted part political cultural heritage chief justice burger wrote walz tax new york city must careful avoid hazards placing much weight words phrases declined construe religion clauses literalness undermine ultimate constitutional objective illuminated history rather requiring government avoid action acknowledges aids religion establishment clause permits government latitude recognizing accommodating central role religion plays society lynch donnelly supra walz tax new york city supra approach less sensitive heritage border latent hostility toward religion require government multifaceted roles acknowledge secular exclusion detriment religious categorical approach install federal courts jealous guardians absolute wall separation sending clear message disapproval century modern administrative state expands touch lives citizens diverse ways redirects financial choices programs difficult maintain fiction requiring government avoid assistance religion fairness viewed serving goal neutrality cases reflect understanding zorach clauson example permitted new york city public school system accommodate religious preferences students giving option staying school leaving attend religious classes part day justice douglas wrote state encourages religious instruction follows best traditions respects religious nature people accommodates public service spiritual needs hold may find constitution requirement government show callous indifference religious groups preferring believe religion believe said agree attitude government toward religion must one neutrality untutored devotion concept neutrality lead invocation approval results partake simply noninterference noninvolvement religious constitution commands brooding pervasive devotion secular passive even active hostility religious results compelled constitution seems prohibited neither government ignore significance fact vast portion people believe worship god many legal political personal values derive historically religious teachings government must inevitably take cognizance existence religion concurring opinion joined harlan surprise without exception invalidated actions interests religion coercive power government forbidden involvements include compelling coercing participation attendance religious activity see engel vitale mcgowan maryland supra discussing mccollum board education school dist champaign county supra requiring religious oaths obtain government office benefits torcaso watkins delegating government power religious groups larkin grendel den freedom worship one pleases without government interference oppression great object establishment free exercise clauses barring attempts aid religion government coercion goes far toward attainment object see mcgowan maryland supra quoting annals congress james madison proposed first amendment congress apprehended meaning religion clauses congress establish religion enforce legal observation law compel men worship god manner contrary conscience cantwell connecticut religion clauses forestal compulsion law acceptance creed practice form worship justice blackmun observes ante recent cases reject view coercion sole touchstone establishment clause violation see engel vitale supra dictum rejecting without citation authority proposition coercion required demonstrate establishment clause violation abington school district schempp supra nyquist may true coercion meant direct coercion classic sense establishment religion framers knew coercion need direct tax aid religion test oath symbolic recognition accommodation religious faith may violate clause extreme case doubt example clause forbids city permit permanent erection large latin cross roof city hall government speech religion per se suspect majority obtrusive religious display place government weight behind obvious effort proselytize behalf particular religion cf friedman board county bernalillo county en banc latin cross official county seal american civil liberties union georgia rabun county chamber commerce cross erected public park lowe eugene speech may coerce circumstances justify ban government recognition religion chief justice burger wrote walz general principle deducible first amendment said tolerate either governmentally established religion governmental interference religion short expressly proscribed governmental acts room play joints productive benevolent neutrality permit religious exercise exist without sponsorship without interference determining whether exists establishment tendency toward one refer types contacts existed unchallenged throughout history found permissible case law lynch example upheld city pawtucket holiday display creche despite fact display advance religion sense held creche conferred greater benefit religion governmental support religious education legislative chaplains recognition origins christmas holiday christ mass many forms symbolic tangible governmental assistance religious faiths ensconced safety national tradition marsh chambers found nebraska practice employing legislative chaplain violate establishment clause legislative prayer presents potential establishment provision school transportation beneficial grants higher education tax exemptions religious organizations citations omitted noncoercive government action within realm flexible accommodation passive acknowledgment existing symbols violate establishment clause unless benefits religion way direct substantial practices accepted national heritage ii principles difficult apply facts cases us permitting displays government property menorah creche city county sought celebrate season brief petitioner county allegheny acknowledge along many citizens historical background religious well secular nature chanukah christmas holidays interest falls well within tradition government accommodation acknowledgment religion marked history beginning disputed government chooses may participate sharing citizens joy holiday season declaring public holidays installing permitting festive displays sponsoring celebrations parades providing holiday vacations employees levels government precisely said lynch government long recognized indeed subsidized holidays religious significance government participate citizens celebration holiday contains secular religious component enforced recognition secular aspect signify callous indifference toward religious faith cases traditions require commemorating holiday celebrated nonadherents government refusing acknowledge plain fact historical reality many citizens celebrate religious aspects well judicial invalidation government attempts recognize religious underpinnings holiday signal neutrality pervasive intent insulate government things religious religion clauses require government acknowledge holidays religious component strong tradition government accommodation acknowledgment permits government see lynch donnelly supra cf zorach clauson abington school district schempp goldberg concurring suggestion government power coerce used interests christianity judaism way one compelled observe participate religious ceremony activity neither city county contributed significant amounts tax money serve cause one religious faith creche menorah purely passive symbols religious holidays passersby disagree message conveyed displays free ignore even turn backs free disagree form government speech realistic risk creche menorah represent effort proselytize otherwise first step road establishment religion lynch dispositive claim respect creche find reason reaching different result respect menorah traditional symbols religious holidays time acquired secular component ante without ambiguity lynch instructs focus inquiry must religious symbol context holiday season context religious displays serve celebrate holiday depict origins holiday give rise establishment clause concern congress state legislatures run afoul establishment clause begin day prayer divine guidance offered chaplain whose salary paid government expense comprehend menorah creche displayed limited context holiday season invalid respondents say religious displays involved distinguishable creche lynch located government property surrounded candy canes reindeer holiday paraphernalia part display lynch nothing chief justice burger opinion lynch provides support purported distinctions describing facts lynch opinion makes mention either factors concentrates instead significance creche part entire holiday season indeed clear view secular aspects display somehow subduing religious message conveyed creche majority expressly rejected dissenters suggestion sought explain away clear religious import creche equated creche santa house reindeer crucial conclusion number prominence type secular items contained holiday display simple fact displayed government christmas season creche presents realistic danger moving government forbidden road toward establishment religion whether creche surrounded poinsettias talking wishing wells carolers conclusion remains relevant context items display season whole fact creche menorah located government property even seat government likewise inconsequential first place lynch rely fact setting pawtucket display privately owned park difficult suggest anyone failed receive message government sponsorship observing santa claus ride city fire engine park join mayor pawtucket inaugurating holiday season turning lights display see donnelly lynch supp ri indeed district lynch found people might reasonably mistake park public property rejected frivolous suggestion display directly associated city cases suggest moreover use public property necessarily converts otherwise permissible government conduct establishment clause violation contrary circumstances first amendment may require government property available use religious groups see widmar vincent fowler rhode island niemotko maryland even required use long permitted prayer approved marsh chambers example conducted legislative chamber state nebraska surely single place likely thought center state authority comprehend placement creche private land lawful placement privately owned creche public land anything thought government ownership religious symbol presented difficult question establishment clause lynch resolved question sustain government action sponsorship easier sustain short nothing religious displays distinguishes meaningful way creche permitted lynch lynch still good law today judgment stand accept indeed approve holding reasoning chief justice burger opinion lynch must dissent judgment creche display unconstitutional reasoning agree menorah display constitutional iii majority invalidates display creche disagrees interpretation lynch applied chooses discard reasoning lynch majority opinion favor justice concurring opinion case see ante never understanding concurring opinion suggest ing clarification doctrine lynch concurring take precedence opinion joined entirety five members general rule principle stare decisis directs us adhere holdings prior cases also explications governing rules law since majority state intent overrule lynch find refusal apply reasoning decision quite confusing even lynch control commit test applied majority today notion cases arising establishment clause decided inquiry whether reasonable observer may fairly understand government action sen message nonadherents outsiders full members political community recent view unwelcome addition tangled establishment clause jurisprudence ante although scattering cases used endorsement another word preference imprimatur endorsement test applied majority genesis justice concurring opinion lynch see also corporation presiding bishop church jesus christ saints amos concurring judgment estate thornton caldor concurring wallace jaffree concurring judgment endorsement test criticized scholars field see smith symbols perceptions doctrinal illusions establishment neutrality endorsement test rev tushnet constitution religion law rev one opinion purported apply full see school dist grand rapids ball majority opinion cases suggests novel theory fast becoming permanent accretion law see also texas monthly bullock opinion brennan reasons expressed submit endorsement test flawed fundamentals unworkable practice uncritical adoption standard every bit troubling bizarre result produces cases us take settled law whatever standard applies establishment clause claims must least suggest results consistent precedents historical practices tradition informed first amendment jurisprudence see supra lynch supra marsh chambers walz tax new york city true reasons quite unrelated first amendment displays commemorating religious holidays commonplace see generally barnett american christmas study national culture relevance history confined inquiry whether challenged practice part accepted traditions dating back founding decision marsh chambers illustrates proposition dissent case sought characterize decision carving exception establishment clause rather reshaping establishment clause doctrine accommodate legislative prayer brennan dissenting majority rejected suggestion historical patterns ca justify contemporary violations constitutional guarantees marsh stands proposition specific practices common exception otherwise broad sweep establishment clause rather meaning clause determined reference historical practices understandings whatever test choose apply must permit legitimate practices two centuries old also practices greater potential establishment religion see committee public education religious liberty nyquist rehnquist dissenting part first amendment rule digest compendium test implementing protections establishment clause applied consistency invalidate longstanding traditions proper reading clause endorsement test applied without artificial exceptions historical practice reached results consistent history objections less force understand test touchstone establishment clause violation whether nonadherents made feel like outsiders government recognition accommodation religion traditional practices recognizing part religion plays society withstand scrutiny faithful application formula examples suffice make plain concerns since founding republic american presidents issued thanksgiving proclamations establishing national day celebration prayer first proclamation issued president washington request first congress recommend ed assign ed day devoted people service great glorious beneficent author good may unite humbly offering prayers supplications great lord ruler nations beseech promote knowledge practice true religion virtue richardson compilation messages papers presidents president washington successors followed suit forthrightly religious nature proclamations waned years president franklin roosevelt went far suggest nationwide reading holy scriptures period thanksgiving day christmas may bear earnest witness gratitude almighty god presidential proclamation stat requires little imagination conclude proclamations cause nonadherents feel excluded yet part national heritage beginning executive branch government recognize central role religion society fact opens sessions request god save honorable noted elsewhere see lynch legislature gone much employing legislative chaplains see also setting aside special prayer room capitol use members house senate room decorated large stained glass panel depicts president washington kneeling prayer around etched first verse psalm preserve god thee put trust beneath panel rostrum bible placed next rostrum american flag see aikman people story capitol endorsement inherent reasonable accommodations yet establishment clause forbid code contains religious references suspect endorsement test congress directed president set aside proclaim suitable day year national day prayer people may turn god prayer meditation churches groups individuals statute require anyone pray course straightforward endorsement concept turn ing god prayer also statute pledge allegiance flag describes one nation god sure one obligated recite phrase see west virginia state board education barnette borders sophistry suggest reasonable atheist feel less full membe political community every time fellow americans recited part expression patriotism love country phrase believed false likewise national motto god trust prominently engraved wall speaker dias chamber house representatives reproduced every coin minted every dollar printed federal government must effect intent establishment clause protect individuals mere feelings exclusion legislative prayer escape invalidation argued government acknowledgments religion serve ways reasonably possible culture legitimate secular purposes solemnizing public occasions expressing confidence future encouraging recognition worthy appreciation society lynch supra concurring fail see prayer way convey messages appeals patriotism moments silence number approaches effective purposes issue ones described lynch concurrence clear encouraging recognition worthy appreciation society characterized purely secular purpose achieved religious prayer doubt prayer worthy appreciation assuredly secular even accepting explanation face value moreover seems incredible suggest average observer legislative prayer either believes religion whose faith rejects concept god receive clear message faith step political norm either endorsement test must invalidate scores traditional practices recognizing place religion holds culture must twisted stretched avoid inconsistency practices know permitted past condemning similar practices greater endorsement effect simply reason lack historical antecedent neither result acceptable addition disregarding precedent historical fact majority approach government use religious symbolism threatens trivialize constitutional adjudication mischaracterizing opinion lynch test ante justice blackmun embraces jurisprudence minutiae reviewing must consider whether city included santas talking wishing wells reindeer secular symbols center attention separate creche ante determining whether centers attention sufficiently separate specific visual story tell must measure proximity creche ante community wishes construct constitutional display must also take care avoid floral frames devices might insulate creche sanitizing effect secular portions display ibid majority also notes presence evergreens near creche identical two small evergreens placed near official county signs ante today decision municipal greenery must used care another important factor prominence setting display placed case grand staircase county courthouse proved resplendent indeed finds location conveyed unmistakable message county supports promotes christian praise god creche religious message ante description majority test though perhaps uncharitable intended illustrate inevitable difficulties application test provide workable guidance lower courts ever decided long series holiday display cases using little intuition tape measure deciding cases basis unguided examination marginalia irreconcilable imperative applying neutral principles constitutional adjudication appalling conduct litigation establishment clause trademark case experts testifying whether one display really like another witnesses testifying offended less creche five feet closer jumbo candy cane american jewish congress chicago easterbrook dissenting justice blackmun employs many respects similar analysis respect menorah principally discussing proximity christmas tree whether sensible interpret menorah light tree rather vice versa ante see also ante concurring part concurring judgment concluding combination tree menorah salute liberty conveys message endorsement reasonable observers justice blackmun goes however upholding menorah acknowledgment holiday secular aspects emphasizes city lack reasonable alternatives less religious nature ante see ibid noting absence secular alternative symbol test presents several difficulties first creates internal inconsistency justice blackmun opinion justice blackmun earlier suggests display creche sometimes constitutional ante obvious innumerable secular symbols christmas always secular alternative available place creche second test applied justice blackmun unworkable requires engage unfamiliar task deciding whether particular alternative symbol less religious also whether alternative look place ante third although justice blackmun purports overruling lynch test contradicts decision comes opinion even concurrence dissent see brennan dissenting lynch noted dissent argues city objectives achieved without including creche display true false said irrelevant result reaches cases perhaps clearest illustration unwisdom endorsement test although justice disavows justice blackmun suggestion minority majority status religion relevant question whether government recognition constitutes forbidden endorsement ante concurring part concurring judgment nature endorsement test emphasis feelings objective observer easily lends type inquiry person reasonable observer quite certain take away salient message holding cases concluded first amendment creates classes religions based relative numbers adherents religions enjoying largest following must consigned status least favored faiths avoid possible risk offending members minority religions first admit many questions arising establishment clause admit easy answers whatever clause requires result reached today iv approach adopted majority contradicts important values embodied clause obsessive implacable resistance carefully scripted secularized forms accommodation requires act censor issuing national decrees orthodox orthodox context means secular christmas state acknowledge one references religion held minimum thus lends assistance orwellian rewriting history many understand conceive judicial function antithetical first amendment contradiction arises majority approach also assumes difficult inappropriate task saying every religious symbol means studying cases known full history menorah suspect true colleagues important history likely unknown vast majority people faiths saw symbol displayed pittsburgh even majority quite right history menorah hardly follows history informed observers view symbol reason presence ill equipped sit national theology board question wisdom constitutionality indeed required choose approach taken majority strict separationist view respect consistency latter suit us admittedly troubling one must conceded however neutral purpose city county eager proselytizer may seek use symbols ends urge use teach taunt always present also true devout adherents judaism christianity may offended holiday display nonbelievers place religious symbols common hallway sidewalk may ignored even insulted must distasteful many cherish meaning reasons might voted installation particular displays local legislative official jurisdiction matters taste within realm constitutionally permissible discretion role enforcement written constitution view principles establishment clause nation historic traditions diversity pluralism allow communities make reasonable judgments respecting accommodation acknowledgment holidays cultural religious aspects constitutional violation occurs displaying symbol holiday religious origins justice stevens incorrect asserts requiring showing direct indirect coercion establishment clause cases step precedent ante demonstrated language justice stevens quotes engel vitale cases held direct coercion need always shown establish establishment clause violation prayer invalidated engel unquestionably coercive indirect manner engel recognized sentences immediately following passage justice stevens chooses quote majority rejects suggestion display creche justified accommodation religion remove burden free exercise christianity ante contrary assumption implicit analysis however never held government power accommodate recognize religion extends requirements free exercise clause contrary limits permissible state accommodation religion means coextensive mandated free exercise clause walz tax new york city cf texas monthly bullock scalia dissenting one imagine case use passive symbols acknowledge religious holidays present danger example city chose recognize religious displays every significant christian holiday ignoring holidays faiths argument city simply recognizing certain holidays celebrated citizens without establishing official faith applying pressure obtain adherents much difficult maintain facts cases unmistakable continual preference one faith demonstrated alleged majority suggests approval legislative prayer marsh chambers distinguished cases ground legislative prayer nonsectarian creches menorahs ante first place course purported distinction utterly inconsistent majority belief establishment clause mean official preference even religion nonreligion ante legislative prayer express official preference religion nonreligion creche menorah display context holiday season certainly demonstrate preference one particular sect creed ibid moreover majority chooses ignore opinion lynch donnelly applied precisely analysis apply today conclude primary effect including creche advance religion violation establishment clause require view beneficial endorsement religion legislative prayers upheld marsh chambers creche lynch owned pawtucket neither creche menorah issue case owned governmental entity majority illustrates depth error regard going far refer concurrence dissent lynch ur previous opinions ante contrary majority discussion ante nn relevant historical practices conducted governmental units subject constraints establishment clause acts official discrimination perpetrated centuries municipalities course irrelevant inquiry practices past congresses presidents highly informative keeping strict views degree separation mandated establishment clause thomas jefferson declined follow tradition see writings thomas jefferson lipscomb ed similarly presidential inaugurations traditionally opened request divine blessing recent occasion january thousands bowed heads prayer invocation father god thou hast said blessed nation whose god lord recognize historic occasion nation god faith god foundation heritage george washington reminded us farewell address morality faith pillars society may never forget acknowledge thy divine help selection leadership years pray name father son holy spirit amen cong rec rev billy graham majority test applied logically lead elimination nonsecular christmas caroling public buildings presumably anywhere public property difficult argue lyrics like good christian men rejoice joy world savior reigns christ king christ highest adored come behold born king angels acquired secular nature nonadherents feel left approved program included carols see ehret evans international book christmas carols think moment ban carol programs however like thanksgiving proclamations reference god pledge allegiance invocations god sessions congress constitute practices proscribe reasoning today explain justice blackmun justice defend majority test suggesting approach followed lynch require equally difficult line drawing ante ante concurring part concurring judgment true lynch test may involve courts difficult unusual case municipality insists extreme use religious speech establishment religion threatened see supra adoption absolutist views either government involvement religion permissible none provide bright line cases price clarity neither exacted permitted constitution part justice blackmun justice objections well taken practical matter cases symbolic recognition likely arise much frequency involving simple holiday displays context lynch provides unambiguous guidance follow majority test hand demands draw exquisite distinctions fine detail wide range cases anomalous result test produced speaks course majority today rejects justice blackmun approach regard see ante concurring part concurring judgment