John Paul Stevens

“ In my opinion the Establishment Clause should be construed to create a strong presumption against the display of religious symbols on public property. [7] There is always a risk that such symbols will offend nonmembers of the faith being advertised as well as adherents who consider the particular advertisement disrespectful. Some devout Christians believe that the creche should be placed only in reverential settings, such as a church or perhaps a private home ”

“ Indeed in its first contemporary examination of the Establishment Clause, the Court, while differing on how to apply the principle, unanimously agreed that government could not require believers or nonbelievers to support religions. ”

“ New York v. Ferber, 458 U.S. 747, 778, 102 S.Ct. 3348, 3365, 73 L.Ed.2d 1113 (1982) (STEVENS, J., concurring in judgment) ("The question whether a specific act of communication is protected by the First Amendment always requires some consideration of both its content and its context") .↑ All these leaders, of course, appear in friezes on the walls of our courtroom. ”

“ Tr. of Oral Arg. 44.↑ These cases illustrate the danger that governmental displays of religious symbols may give rise to unintended divisiveness, for the net result of the Court's disposition is to disallow the display of the creche but to allow the display of the menorah. Laypersons unfamiliar with the intricacies of Establishment Clause jurisprudence may reach the whol y unjustified conclusion that the Court itself is preferring one faith over another. ”