Primary Holding

The Establishment Clause prohibits placing religious symbols on public property if it results in promoting
religion.

Facts

A nativity scene and a menorah were featured in different locations throughout the County of Allegheny
in Pennsylvania. While the nativity scene was placed alone, the menorah was juxtaposed with a
Christmas tree and a sign reading "Salute to Liberty." However, the ACLU argued that the displays
violated the Establishment Clause and should be removed. The lower courts reached clashing
conclusions about this claim.

Opinions

Majority

Harry Andrew Blackmun (Author)

William Joseph Brennan, Jr.

Thurgood Marshall

John Paul Stevens

Sandra Day O'Connor

Governments may not give the impression of endorsing a specific religion or religion in general. As a
result, they may not allow the creation of religious displays that promote religion. Since the nativity
scene strongly suggests Christian beliefs and is placed by itself, it violates the Establishment Clause. The
menorah does not violate the Establishment Clause because it is juxtaposed with secular objects and
connects to Jewish culture as well as religion.

Concurrence

Sandra Day O'Connor (Author)

William Joseph Brennan, Jr.

John Paul Stevens

The context of the menorah is permissible because it promotes pluralism, which is a secular concept.

Concurrence/Dissent In Part
William Joseph Brennan, Jr. (Author)

Thurgood Marshall

John Paul Stevens

Both the nativity scene and the menorah should be removed, since each implies a preference for a
certain religion.

Concurrence/Dissent In Part

John Paul Stevens (Author)

William Joseph Brennan, Jr.

Thurgood Marshall

Local governments cannot endorse multiple religions any more than they can endorse a single religion.
Both displays should be removed.

Concurrence/Dissent In Part

Anthony M. Kennedy (Author)

William Hubbs Rehnquist

Byron Raymond White

Antonin Scalia

Religion may be accommodated under the Establishment Clause, even though it may not be established.
This case provides an example of an accommodation rather than an establishment.

Case Commentary

Decisions on the Establishment Clause are often inconsistent and difficult to predict. The fragmented
nature of this opinion continues this trend and may leave little precedential value for courts trying to
decide similar cases.

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