Allegheny v. ACLU

Media Items
Oral Argument
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Advocates
Peter Buscemi (Argued the cause for the petitioners in Nos. 87-2050 and 88-96)
Roslyn M. Litman (Argued the cause for the respondents)
Nathan Lewin (Argued the cause for the petitioner in No. 88-90)
Case Basics
Docket No.: 
87-2050
Petitioner: 
Allegheny
Respondent: 
ACLU
Consolidation: 
Chabad v. American Civil Liberties Union et al., No. 88-90
City of Pittsburgh v. American Civil Liberties Union, Greater Pittsburgh Chapter, et al., No. 88-96
Opinion: 
492 U.S. 573 (1989)
Categories: 
freedom of religion, first amendment, establishment of religion

Cite this page
The Oyez Project, Allegheny v. ACLU , 492 U.S. 573 (1989)
available at: (http://oyez.org/cases/1980-1989/1988/1988_87_2050)
Facts of the Case: 

Two public-sponsored holiday displays in Pittsburgh, Pennsylvania, were challenged by the American Civil Liberties Union. The first display involved a Christian nativity scene inside the Allegheny County Courthouse. The second display was a large Chanukah menorah, erected each year by the Chabad Jewish organization, outside the City-County building. The ACLU claimed the displays constituted state endorsement of religion. This case was decided together with Chabad v. ACLU and City of Pittsburgh v. ACLU of Greater Pittsburgh.

Question: 

Did the public displays violate the Establishment Clause of the First Amendment?

Conclusion: 

In a 5-to-4 decision, the Court held that the crèche inside the courthouse unmistakably endorsed Christianity in violation of the Establishment Clause. By prominently displaying the words "Glory to God for the birth of Jesus Christ," the county sent a clear message that it supported and promoted Christian orthodoxy. The Court also held, however, that not all religious celebrations on government property violated the Establishment Clause. Six of the justices concluded that the display involving the menorah was constitutionally legitimate given its "particular physical setting."

Decisions

Decision: 5 votes for ACLU, 4 vote(s) against
Legal provision: Establishment of Religion

Sort by Ideology

Voted with the minority, joined Kennedy's dissent
Rehnquist
Wrote a regular concurrence, joined Stevens' concurrence, joined O'Connor's concurrence
Brennan
Voted with the minority, joined Kennedy's dissent
White
Voted with the majority, joined Brennan's concurrence, joined Stevens' concurrence
Marshall
Wrote the majority opinion
Blackmun
Wrote a regular concurrence, joined Brennan's concurrence, joined O'Connor's concurrence
Stevens
Wrote a regular concurrence
O'Connor
Voted with the minority, joined Kennedy's dissent
Scalia
Wrote a dissent
Kennedy

Full Opinion by Justice Harry A. Blackmun