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City of Allegheny v.
ACLU, 492 U.S. 573 (1989)
Author: Sam Biers
Facts: Cnty permitted the
display of a nativity scene on the staircase of the Courthouse, and Menorah
outside the City-Cnty Bldg, during the holiday season. The creche was displayed
w/o any secular figurines or decorations, but a sign referencing “Holy Name
Society.” Along side the city’s decorated X-mas tree, the city allowed an 18
foot menorah, owned by a Jewish group. However, the city stored, erected, and
removed it each year.
Issue(s): Whether Govt
authorized display of religious symbols as part of holiday decorations
constituted an endorsement of a particular religious viewpoint in violation of
Est Cl?
Holding: Yes and No.
Procedure: ACLU and
residents filed suit; D.Ct denied their request for permanent injunction; Ct App
Reversed holding each display violated Est Cl b/c each has the impermissible
effect of endorsing religion by Govt. U.S.S.Ct. Affirm in part (creche) and
Reverse in part (menorah).
Rule(s): 1st Est
Cl. Govt may not promote or affiliate itself w/ any religious doctrine or
organiz’n, discriminate against people b/c of religious belief or non belief;
nor delegate a Govt power to a religious institution; and may not involve itself
too deeply in religious institution’s affairs.
Rationale: Ct’s attention
increases when Govt practice has either a purpose or effect that endorses
religion, which bans Govt conveying or attempting to convey a favorable
religious message.
Ct will not tolerate some
Govt endorsement of religion b/c any endorsement is invalid. Deter if Govt use
of an object w/ a religious meaning has the effect of endorsing religion based
on the message that Govt practice sends. That question turns on the context
that the object appears; i.e. specific physical setting. If a religious object
is displayed w/ other secular objects the setting changes the viewer’s
understanding of the purpose and reduces the likelihood of a message of
endorsement.
Creche:
This display, w/ a sign indicating ownership rests w/ Roman Catholic Church
shows that the Govt is endorsing a religious message: Cnty supports and promotes
the Christian praise to God. Govt may acknowledge Nat’l holiday as a cultural
event, but not as a method of endorsing a specific religious practice.
Menorah:
Combination of X-mas tree, Mayor’s sign, and display of menorah sends message of
secular celebrations during holiday season. This only goes to show that its
display does not create a primary effect of Govt’l endorsement of religion
(Prong 1). On remand 2 and 3 may be considered.
Pl’s A: (Cnty) It is
sufficient to validate the display of the creche b/c the display celebrates X-mas
and X-mas is a national holiday.
(J. Kennedy) traditional,
historical religious official acts endorse Christianity, therefore the test
should be whether the Govt action proselytize as an Est of religion.
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