Capitol Square Review and Advisory Bd. v. Pinette, 515 U.S. 753, 21 (1995)

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

Opinion of O'Connor, J.

Lynch v. Donnelly, 465 U. S. 668, 687 (1984) (O'Connor, J., concurring), the endorsement test necessarily focuses upon the perception of a reasonable, informed observer.

I

"In recent years, we have paid particularly close attention [in Establishment Clause cases] to whether the challenged governmental practice either has the purpose or effect of 'endorsing' religion, a concern that has long had a place in our Establishment Clause jurisprudence." Allegheny, supra, at 592. See also Lamb's Chapel, supra, at 395; School Dist. of Grand Rapids v. Ball, 473 U. S. 373, 390 (1985) (asking "whether the symbolic union of church and state effected by the challenged governmental action is sufficiently likely to be perceived by adherents of the controlling denominations as an endorsement, and by the nonadherents as a disapproval, of their individual religious choices"). A government statement " 'that religion or a particular religious belief is favored or preferred,' " Allegheny, supra, at 593 (quoting Wallace v. Jaffree, 472 U. S. 38, 70 (1985) (O'Connor, J., concurring in judgment), violates the prohibition against establishment of religion because such "[e]ndorsement sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community," Lynch, supra, at 688 (O'Connor, J., concurring). See also Allegheny, supra, at 628 (O'Connor, J., concurring in part and concurring in judgment); Wallace, supra, at 69 (O'Connor, J., concurring in judgment). Although "[e]xperience proves that the Establishment Clause . . . cannot easily be reduced to a single test," Board of Ed. of Kiryas Joel Village School Dist. v. Grumet, 512 U. S. 687, 720 (1994) (O'Connor, J., concurring in part and concurring in judgment), the endorsement inquiry captures the fundamental requirement of the Establishment Clause when courts are called upon to evalu-

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