Santa Fe Independent School Dist. v. Doe, 530 U.S. 290, 25 (2000)

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314

SANTA FE INDEPENDENT SCHOOL DIST. v. DOE

Opinion of the Court

ship because she chooses to attend a school event. But the Constitution also requires that we keep in mind "the myriad, subtle ways in which Establishment Clause values can be eroded," Lynch, 465 U. S., at 694 (O'Connor, J., concurring), and that we guard against other different, yet equally important, constitutional injuries. One is the mere passage by the District of a policy that has the purpose and perception of government establishment of religion. Another is the implementation of a governmental electoral process that subjects the issue of prayer to a majoritarian vote.

The District argues that the facial challenge must fail because "Santa Fe's Football Policy cannot be invalidated on the basis of some 'possibility or even likelihood' of an unconstitutional application." Brief for Petitioner 17 (quoting Bowen v. Kendrick, 487 U. S. 589, 613 (1988)). Our Establishment Clause cases involving facial challenges, however, have not focused solely on the possible applications of the statute, but rather have considered whether the statute has an unconstitutional purpose. Writing for the Court in Bowen, The Chief Justice concluded that "[a]s in previous cases involving facial challenges on Establishment Clause grounds, e. g., Edwards v. Aguillard, [482 U. S. 578 (1987)]; Mueller v. Allen, 463 U. S. 388 (1983), we assess the constitutionality of an enactment by reference to the three factors first articulated in Lemon v. Kurtzman, 403 U. S. 602, 612 (1971) . . . , which guides '[t]he general nature of our inquiry in this area,' Mueller v. Allen, supra, at 394." 487 U. S., at 602. Under the Lemon standard, a court must invalidate a statute if it lacks "a secular legislative purpose." Lemon v. Kurtzman, 403 U. S. 602, 612 (1971). It is therefore proper, as part of this facial challenge, for us to examine the purpose of the October policy.

As discussed, supra, at 306-307, 309, the text of the October policy alone reveals that it has an unconstitutional purpose. The plain language of the policy clearly spells out the extent of school involvement in both the election of the speaker

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