The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, February 22, 1989
Decision: Monday, July 3, 1989
Issues: First Amendment, Establishment of Religion
Categories: first amendment, freedom of religion

Advocates

Peter Buscemi (Argued the cause for the petitioners in Nos. 87-2050 and 88-96)
Nathan Lewin (Argued the cause for the petitioner in No. 88-90)
Roslyn M. Litman (Argued the cause for the respondents)

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."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for ACLU, 4 vote(s) against
Legal Provision: Establishment of Religion
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

Cite this page

The Oyez Project, Allegheny v. ACLU, 492 U.S. 573 (1989),
available at: <http://www.oyez.org/cases/1980-1989/1988/1988_87_2050/>
(last visited ).