Cite as: 515 U. S. 753 (1995)
Opinion of Souter, J.
it may not always yield results with unanimous agreement at the margins." Allegheny, 492 U. S., at 629 (O'Connor, J., concurring in part and concurring in judgment). In my view, however, this flexibility is a virtue and not a vice; "courts must keep in mind both the fundamental place held by the Establishment Clause in our constitutional scheme and the myriad, subtle ways in which Establishment Clause values can be eroded," Lynch, 465 U. S., at 694 (O'Connor, J., concurring).
I agree that "compliance with the Establishment Clause is
a state interest sufficiently compelling to justify content-based restrictions on speech." Ante, at 761-762. The Establishment Clause "prohibits government from appearing to take a position on questions of religious belief or from 'making adherence to a religion relevant in any way to a person's standing in the political community.' " Allegheny, supra, at 593-594 (quoting Lynch, supra, at 687 (O'Connor, J., concurring)). Because I believe that, under the circumstances at issue here, allowing the Klan cross, along with an adequate disclaimer, to be displayed on Capitol Square presents no danger of doing so, I conclude that the State has not presented a compelling justification for denying respondents their permit.
Justice Souter, with whom Justice O'Connor and Justice Breyer join, concurring in part and concurring in the judgment.
I concur in Parts I, II, and III of the Court's opinion. I also want to note specifically my agreement with the Court's suggestion that the State of Ohio could ban all unattended private displays in Capitol Square if it so desired. See ante, at 761; see also post, at 802-804 (Stevens, J., dissenting). The fact that the capitol lawn has been the site of public protests and gatherings, and is the location of any number of the government's own unattended displays, such as statues, does
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