Establishment questions arise routinely in local government — invocations, holiday displays, use of public facilities and funding of religious organisations.
The current approach looks to historical practices and understandings rather than to the older endorsement and purpose-effect-entanglement formulations.
Legislative prayer at council meetings is permissible where the practice fits within a long tradition, opportunities are open on a non-discriminatory basis, and the body does not direct, control or censor the content or coerce participation. Rotating invitations without regard to denomination is the safe structure.
Coercion is the operative concern. Directing attendees to stand, bow or participate, or singling out those who decline, is where liability arises.
Displays. A single religious display standing alone is more vulnerable than one within a broader seasonal or historical presentation, and a limited public forum for private displays with neutral criteria shifts the analysis.
Facility use. Excluding religious groups from a forum open to comparable secular groups is viewpoint discrimination, not Establishment Clause compliance.
Funding. Excluding otherwise eligible recipients from a generally available public benefit solely because they are religious is unconstitutional.
Practical guidance. Neutral written policies, applied consistently, with no official evaluation of religious content.