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- SUPREME COURT OF THE UNITED STATES
- --------
- Nos. 93-517, 93-527 and 93-539
- --------
- BOARD OF EDUCATION OF KIRYAS JOEL VIL-
- LAGE SCHOOL DISTRICT, PETITIONER
- 93-517 v.
- LOUIS GRUMET et al.
-
- BOARD OF EDUCATION OF MONROE-WOODBURY
- CENTRAL SCHOOL DISTRICT, PETITIONER
- 93-527 v.
- LOUIS GRUMET et al.
-
- ATTORNEY GENERAL OF NEW YORK,
- PETITIONER
- 93-539 v.
- LOUIS GRUMET et al.
- on writs of certiorari to the court of appeals of
- new york
- [June 27, 1994]
-
- Justice Blackmun, concurring.
- For the reasons stated by Justice Souter and
- Justice Stevens, whose opinions I join, I agree that the
- New York statute under review violates the Establish-
- ment Clause of the First Amendment. I write separate-
- ly only to note my disagreement with any suggestion
- that today's decision signals a departure from the
- principles described in Lemon v. Kurtzman, 403 U. S.
- 602 (1971). The opinion of the Court (and of the
- plurality with respect to Part II-A) relies upon several
- decisions, including Larkin v. Grendel's Den, Inc., 459
- U. S. 116 (1982), that explicitly rested on the criteria set
- forth in Lemon. Indeed, the two principles on which the
- opinion bases its conclusion that the legislative act is
- constitutionally invalid essentially are the second and
- third Lemon criteria. See ante, at 8-9; Larkin, 459
- U. S., at 126-127 (finding -a fusion of governmental and
- religious functions- under Lemon's -entanglement-
- prong); id., at 125-126 (finding a lack of any -effective
- means of guaranteeing- that governmental power will be
- neutrally employed under Lemon's -principal or primary
- effect- prong).
- I have no quarrel with the observation of Justice
- O'Connor, post, at 8, that the application of constitu-
- tional principles, including those articulated in Lemon,
- must be sensitive to particular contexts. But I remain
- convinced of the general validity of the basic principles
- stated in Lemon, which have guided this Court's Estab-
- lishment Clause decisions in over 30 cases. See Lee v.
- Weisman, ___ U. S. ___, ___, n. 4 (1992) (Blackmun, J.,
- concurring).
-