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Town of Greece, New Yorkv.Galloway

CourtSupreme Court of the United States
Docket No.12-696
DecidedMay 5, 2014
Reporter572 U.S. 565
JudgesChief Justice Roberts and Justices Kennedy, Scalia, Thomas, Ginsburg, Breyer, Alito, Sotomayor, and Kagan; Kennedy authored the Court’s opinion except Part II–B; Alito, joined by Scalia, concurred; Thomas, joined by Scalia as to Part II, concurred in part and in the judgment; Breyer and Kagan dissented
Tags
CivilConstitutional LawGovernment LawFirst AmendmentReligious LibertyReversal
Case Summary

Greece, New York, opened monthly town-board meetings with prayers delivered by local volunteer clergy. Susan Galloway and Linda Stephens alleged that the town favored Christian prayer givers and that sectarian invocations violated the Establishment Clause. The district court upheld the practice, but the Second Circuit reversed. The Supreme Court reversed the Second Circuit’s judgment. Applying the historical tradition of legislative prayer, the majority held that the Establishment Clause did not require nonsectarian invocations and that a challenge based on prayer content alone ordinarily would not establish a violation absent a pattern that denigrates other beliefs, proselytizes, or serves an impermissible governmental purpose. It found no unconstitutional coercion because the prayers were ceremonial, officials did not direct public participation, and adults could remain silent or leave. Justice Alito concurred, joined by Justice Scalia; Justice Thomas concurred in part and in the judgment, joined by Justice Scalia as to Part II. Justice Breyer dissented, and Justice Kagan’s dissent was joined by Justices Ginsburg, Breyer, and Sotomayor.

Opinion

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Town of Greece, New York v. Galloway — The Atlanta Gleaner