Capitol Square Review and Advisory Bd. v. Pinette, 515 U.S. 753, 22 (1995)

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774

CAPITOL SQUARE REVIEW AND ADVISORY BD. v. PINETTE

Opinion of O'Connor, J.

ate the constitutionality of religious symbols on public property. See Allegheny, supra, at 593-594.

While the plurality would limit application of the endorsement test to "expression by the government itself, . . . or else government action alleged to discriminate in favor of private religious expression or activity," ante, at 764, I believe that an impermissible message of endorsement can be sent in a variety of contexts, not all of which involve direct government speech or outright favoritism. See infra, at 777- 778. It is true that neither Allegheny nor Lynch, our two prior religious display cases, involved the same combination of private religious speech and a public forum that we have before us today. Nonetheless, as Justice Souter aptly demonstrates, post, at 786-792, we have on several occasions employed an endorsement perspective in Establishment Clause cases where private religious conduct has intersected with a neutral governmental policy providing some benefit in a manner that parallels the instant case. Thus, while I join the discussion of Lamb's Chapel and Widmar v. Vincent, 454 U. S. 263 (1981), in Part III of the Court's opinion, I do so with full recognition that the factors the Court properly identifies ultimately led in each case to the conclusion that there was no endorsement of religion by the State. Lamb's Chapel, supra, at 395; Widmar, supra, at 274. See also post, at 790-791 (Souter, J., concurring in part and concurring in judgment).

There is, as the plurality notes, ante, at 765, "a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect." Board of Ed. of Westside Community Schools (Dist. 66) v. Mergens, 496 U. S. 226, 250 (1990) (plurality opinion). But the quoted statement was made while applying the endorsement test itself; indeed, the sentence upon which the plurality relies was followed immediately by the conclusion that "secondary school students are mature enough and are likely to understand that a school does not

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