Lee v. Weisman, 505 U.S. 577, 68 (1992)

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644

LEE v. WEISMAN

Scalia, J., dissenting

lic schools with the education of their children, but condition their trust on the understanding that the classroom will not purposely be used to advance religious views that may conflict with the private beliefs of the student and his or her family." Ibid.; see Pierce v. Society of Sisters, 268 U. S. 510, 534-535 (1925). Voluntary prayer at graduation—a onetime ceremony at which parents, friends, and relatives are present—can hardly be thought to raise the same concerns.

IV

Our Religion Clause jurisprudence has become bedeviled (so to speak) by reliance on formulaic abstractions that are not derived from, but positively conflict with, our long-accepted constitutional traditions. Foremost among these has been the so-called Lemon test, see Lemon v. Kurtzman, 403 U. S. 602, 612-613 (1971), which has received well-earned criticism from many Members of this Court. See, e. g., County of Allegheny, 492 U. S., at 655-656 (opinion of Kennedy, J.); Edwards v. Aguillard, supra, at 636-640 (Scalia, J., dissenting); Wallace v. Jaffree, 472 U. S., at 108-112 (Rehnquist, J., dissenting); Aguilar v. Felton, 473 U. S. 402, 426-430 (1985) (O'Connor, J., dissenting); Roemer v. Board of Pub. Works of Md., 426 U. S. 736, 768-769 (1976) (White, J., concurring in judgment). The Court today demonstrates the irrelevance of Lemon by essentially ignoring it, see ante, at 587, and the interment of that case may be the one happy byproduct of the Court's otherwise lamentable decision. Unfortunately, however, the Court has replaced Lemon with its psycho-coercion test, which suffers the double disability of having no roots whatever in our people's historic practice, and being as infinitely expandable as the reasons for psychotherapy itself.

Another happy aspect of the case is that it is only a juris-prudential disaster and not a practical one. Given the odd basis for the Court's decision, invocations and benedictions will be able to be given at public school graduations next

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