The city of Pawtucket, Rhode Island annually displayed Christmas symbols on the property
of local non-profit organization. The display included traditional items such as a
tree, a Santa Claus, and a nativity scene. Petitioners brought a suit claiming that the
display violated the Establishment Clause.
The Court ruled 5-4 that the city of Pawtucket could continue to display a nativity scene
as part of its Christmas display.
|
Majority Opinion: (Chief Justice Burger) |
Because of this country’s rich religious history, the Court has declined to take an
absolute view of the Establishment Clause. Each case must be analyzed to determine if
the questionable behavior was meant to endorse a particular religion. “The display is
sponsored by the city to celebrate the Holiday and to depict the origins of that
Holiday. These are legitimate secular purposes. The District Court's inference, drawn
from the religious nature of the crèche, that the city has no secular purpose was, on
this record, clearly erroneous.” The displaying of the crèche offers no greater benefit
to religion than supplying textbooks for students at religious schools or the imposition
of Sunday closing laws. Each of these other activities were supported in earlier Court
decisions. The fact that religion may benefit from the display is not sufficient to
make it unconstitutional. The benefit is indirect and unintentional. The city did not
consult religious leaders about the crèche, already owns the crèche, and does not have
to pay for its maintenance.
In this decision, the Court refused to take an absolutist stance regarding the
Establishment Clause. Each case is to be independently checked to determine whether the
intent is secular or religious. Religion in general may be advanced by the government
in some cases so long as there is no administrative entanglement with religion.
| RealAudio
of Oral Argument |
[from http://oyez.nwu.edu].
Oral Argument.
Get the RealAudio Player from Progressive Networks to
listen to the argument.
Copyright © The Religious Freedom Page.
|
