(en banc) (invalidating scheme that allowed public high school students to choose graduation prayer, but not any secular speech, by plurality vote). In addition, some Justices have held out the possibility that, even if government grants equal rather than preferential access to religion, a reasonable, informed observer could perceive an endorsement of religion in extraordinary cases. See Capitol Square, 515 U.S. at 777-78, 115 S.Ct. 2440 (O’Connor, J., concurring in part and concurring in the judgment). For instance, if one or more religious groups dominated property the government made available to the public, a reasonable observer might perceive an endorsement of religion. See id.; cf. Freedom from Religion Found. v. City of Marshfield, 203 F.3d 487, 489, 494-96 (7th Cir.2000) (<HOLDING>). Applying these principles to this case, we
holding that the display of a privately sponsored creche on the staircase of the courthouse violated the establishment clause because the display actually favored sectarian religious expression recognizing that picture of jesus christ in public school impaired use of school by students and visitors holding that establishment clause was violated where sole display in public forum was fifteenfoottall white marble statue of jesus bearing inscription christ guide us on our way in twelveinch block letters and facing oncoming traffic on adjacent highway holding that county violated establishment clause by giving roman catholic group preferential access to display standalone creche depicting birth of jesus on main staircase of its seat of government because reasonable observer would believe countys action was meant to support and promote christianity holding no violation of federal establishment clause