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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-2024
- --------
- LAMB'S CHAPEL and JOHN STEIGERWALD, PETI-
- TIONERS v. CENTER MORICHES UNION FREE
- SCHOOL DISTRICT et al.
- on writ of certiorari to the united states court
- of appeals for the second circuit
- [June 7, 1993]
-
- Justice Kennedy, concurring in part and concurring in
- the judgment.
- Given the issues presented as well as the apparent
- unanimity of our conclusion that this overt, viewpoint-
- based discrimination contradicts the Speech Clause of the
- First Amendment and that there has been no substantial
- showing of a potential Establishment Clause violation, I
- agree with Justice Scalia that the Court's citation of
- Lemon v. Kurtzman, 403 U. S. 602 (1971), is unsettling
- and unnecessary. The same can be said of the Court's
- use of the phrase -endorsing religion,- see ante, at 10,
- which, as I have indicated elsewhere, cannot suffice as a
- rule of decision consistent with our precedents and our
- traditions in this part of our jurisprudence. See Allegheny
- County v. American Civil Liberties Union, Greater Pitts-
- burgh Chapter, 492 U. S. 573, 655 (Kennedy, J., concur-
- ring in judgment in part and dissenting in part). With
- these observations, I concur in part and concur in the
- judgment.
-