Dist. Ct. did not err in finding that defendant’s 2015 “Christmas Spectacular” school program did not violate 1st Amendment’s Establishment Clause, even though program spent 4.5 minutes explaining and performing songs that represented Hanukkah and Kwanzaa, as well as two minutes in which nativity scene was depicted and 20 minutes in which Christmas songs with religious lyrics were performed. Plaintiffs failed to demonstrate Establishment Clause violation under either endorsement, coercion or purpose tests, where: (1) nativity scene did not have significant role in program; (2) performance of Christmas carols did not inevitably convey religious message; and (3) overall 90 minute program was primarily non-religious, with first half of program containing songs conveying non-religious aspects of holiday season. Fact that Christmas songs dominated program versus songs devoted to Hanukkah or Kwanzaa did not require different result. Ct. rejected plaintiffs’ contention that program coerced audience members and students to conform to Christianity religion, since no one was required to partake in any religious activity during program.
Federal 7th Circuit Court
Civil Court
Establishment Clause