Dist. Ct. erred in finding that defendant-County’s Christmas display in front of its courthouse that contained nativity scene, as well as secular objects, including Santa’s sleigh, reindeer and striped poles violated Establishment Clause of First Amendment. Supreme Court’s recent case of American Legion, 139 U.S. 2067, displaces purpose and endorsement tests in context of Establishment Clause challenges to nativity scenes in passive Christmas displays on government property. Moreover, Ct. of Appeals found that under historical analysis test as set forth Lynch, 465 U.S. 668, instant nativity scene was constitutional in that it fit within long national tradition of using nativity scene in broader holiday displays that depicted historical origins of Christmas, as well as other symbols of Christmas, including origins of Christmas holiday. Ct. also noted that there was no evidence that government’s historical support of instant Christmas display was either intolerant or discriminatory towards differing views. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
First Amendment