[20050720]RS22201_教会和国家法律：奥康纳法官精选意见.pdf

1 Board of Education of Kiryas Joel Village School District v. Grumet, 512 U.S. 687, 720 (1994).2 Id at 720.3 Id. at 718.4 Justice OConnor wrote many opinions, mostly concurrences, in Establishment Clause cases(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22201July 20, 2005The Law of Church and State: SelectedOpinions of Justice OConnorAngie A. WelbornLegislative AttorneyAmerican Law DivisionSummaryAn examination of Justice OConnors opinions interpreting the EstablishmentClause reveals that she employed different tests depending on the type of governmentactivity at issue. She often and rather consistently applied the so-called “endorsementtest” in cases involving government speech on religious topics, but tended to use hybridapproaches incorporating both the test set forth in Lemon and a neutrality test in casesinvolving government aid programs. The decisions show that OConnor believed thatthese cases should all be examined carefully with particular attention given to the factsof each, and that the Court should refrain from tying itself to a single test for evaluatingEstablishment Clause cases. Just