Lee v. Weisman, 505 U.S. 577, 29 (1992)

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Cite as: 505 U. S. 577 (1992)

Blackmun, J., concurring

vey a message that religion or a particular religious belief is favored or preferred," County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter, 492 U. S. 573, 593 (1989) (internal quotation marks omitted; emphasis in original), even if the schools do not actually "impos[e] pressure upon a student to participate in a religious activity." 6 Board of Ed. of Westside Community Schools (Dist. 66) v. Mergens, 496 U. S. 226, 261 (1990) (Kennedy, J., concurring in part and concurring in judgment).

The scope of the Establishment Clause's prohibitions developed in our case law derives from the Clause's purposes. The First Amendment encompasses two distinct guarantees—the government shall make no law respecting an establishment of religion or prohibiting the free exercise thereof—both with the common purpose of securing religious liberty.7 Through vigorous enforcement of both Clauses, we "promote and assure the fullest possible scope of religious liberty and tolerance for all and . . . nurture the conditions which secure the best hope of attainment of that end." Schempp, 374 U. S., at 305 (Goldberg, J., concurring).

There is no doubt that attempts to aid religion through government coercion jeopardize freedom of conscience. Even subtle pressure diminishes the right of each individual to choose voluntarily what to believe. Representative Carroll explained during congressional debate over the Estab-6 As a practical matter, of course, anytime the government endorses a religious belief there will almost always be some pressure to conform. "When the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain." Engel v. Vitale, 370 U. S. 421, 431 (1962).

7 See, e. g., Everson, 330 U. S., at 40 (Rutledge, J., dissenting) (" 'Establishment' and 'free exercise' were correlative and coextensive ideas, representing only different facets of the single great and fundamental freedom"); School Dist. of Abington v. Schempp, 374 U. S. 203, 227 (1963) (Douglas, J., concurring); id., at 305 (Goldberg, J., concurring); Wallace v. Jaffree, 472 U. S. 38, 50 (1985).

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