Capitol Square Review and Advisory Bd. v. Pinette, 515 U.S. 753, 11 (1995)

Page:   Index   Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Cite as: 515 U. S. 753 (1995)

Opinion of Scalia, J.

the forum created by the State was open to a broad spectrum of groups and would provide only incidental benefit to religion. Id., at 274. We stated categorically that "an open forum in a public university does not confer any imprimatur of state approval on religious sects or practices." Ibid.

Quite obviously, the factors that we considered determinative in Lamb's Chapel and Widmar exist here as well. The State did not sponsor respondents' expression, the expression was made on government property that had been opened to the public for speech, and permission was requested through the same application process and on the same terms required of other private groups.

IV

Petitioners argue that one feature of the present case distinguishes it from Lamb's Chapel and Widmar: the forum's proximity to the seat of government, which, they contend, may produce the perception that the cross bears the State's approval. They urge us to apply the so-called "endorsement test," see, e. g., County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter, 492 U. S. 573 (1989); Lynch v. Donnelly, 465 U. S. 668 (1984), and to find that, because an observer might mistake private expression for officially endorsed religious expression, the State's content-based restriction is constitutional.

We must note, to begin with, that it is not really an "endorsement test" of any sort, much less the "endorsement test" which appears in our more recent Establishment Clause jurisprudence, that petitioners urge upon us. "Endorsement" connotes an expression or demonstration of approval or support. The New Shorter Oxford English Dictionary 818 (1993); Webster's New Dictionary 845 (2d ed. 1950). Our cases have accordingly equated "endorsement" with "promotion" or "favoritism." Allegheny, supra, at 593 (citing cases). We find it peculiar to say that government

763

Page:   Index   Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: October 4, 2007