Cite as: 515 U. S. 753 (1995)
Stevens, J., dissenting
primary effect of advancing or inhibiting religion"; indeed, no other effect is even suggested by the record. The primary difference is that in this case we are dealing with a visual display—a symbol readily associated with a religion, in a venue readily associated with the State. This clear image of endorsement was lacking in Widmar and Lamb's Chapel, in which the issue was access to government facilities. Moreover, there was no question in those cases of an unattended display; private speakers, who could be distinguished from the State, were present. See supra, at 801- 802. Endorsement might still be present in an access case if, for example, the religious group sought the use of the roof of a public building for an obviously religious ceremony, where many onlookers might witness that ceremony and connect it to the State. But no such facts were alleged in Widmar or Lamb's Chapel. The religious practices in those cases were simply less obtrusive, and less likely to send a message of endorsement, than the eye-catching symbolism at issue in this case.
The battle over the Klan cross underscores the power of such symbolism. The menorah prompted the Klan to seek permission to erect an antisemitic symbol, which in turn not only prompted vandalism but also motivated other sects to seek permission to place their own symbols in the square. These facts illustrate the potential for insidious entanglement that flows from state-endorsed proselytizing. There is no reason to believe that a menorah placed in front of a synagogue would have motivated any reaction from the Klan, or that a Klan cross placed on a Klansman's front lawn would have produced the same reaction as one that enjoyed the apparent imprimatur of the State of Ohio. Nor is there any reason to believe the placement of the displays in Capitol Square had any purpose other than to connect the State— though perhaps against its will—to the religious or anti-religious beliefs of those who placed them there. The cause of the conflict is the State's apparent approval of a religious
811
Page: Index Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 NextLast modified: October 4, 2007