KENNEDY, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

508 U.S. 384

Lamb's Chapel v. Center Moriches Union Free School District

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 ___, 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 Pittsburgh Chapter, 492 U.S. 573, 655 (KENNEDY, J., concurring in judgment in part and dissenting in part). With these observations, I concur in part and concur in the judgment.