Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 14 (1993)

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Cite as: 508 U. S. 384 (1993)

Scalia, J., concurring in judgment

Church's application, namely, that the film series sought to be shown "appeared to be church related."

For the reasons stated in this opinion, the judgment of the Court of Appeals is

Reversed.

Justice Kennedy, concurring in part and concurring in the judgment.

Given the issues presented as well as the apparent unanimity of our conclusion that this overt, viewpoint-based discrimination contradicts the Free Speech Clause of the First Amendment and that there has been no substantial showing of a potential Establishment Clause violation, I agree with Justice Scalia that the Court's citation of Lemon v. Kurtzman, 403 U. S. 602 (1971), is unsettling and unnecessary. The same can be said of the Court's use of the phrase "endorsing religion," see ante, at 395, which, as I have indicated elsewhere, cannot suffice as a rule of decision consistent with our precedents and our traditions in this part of our jurisprudence. See Allegheny County v. American Civil Liberties Union, Greater Pittsburgh Chapter, 492 U. S. 573, 655 (1989) (opinion concurring in judgment in part and dissenting in part). With these observations, I concur in part and concur in the judgment.

Justice Scalia, with whom Justice Thomas joins, concurring in the judgment.

I join the Court's conclusion that the District's refusal to allow use of school facilities for petitioners' film viewing, while generally opening the schools for community activities, violates petitioners' First Amendment free-speech rights (as does N. Y. Educ. Law 414 (McKinney 1988 and Supp. 1993), to the extent it compelled the District's denial, see ante, at 386-387). I also agree with the Court that allowing Lamb's Chapel to use school facilities poses "no realistic danger" of a violation of the Establishment Clause, ante, at

397

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