Lynch v. Donnelly
Encyclopedia
Lynch v. Donnelly, 465 U.S. 668
(1984), was a case in the Supreme Court of the United States
challenging the legality of holiday decorations on town property.
's annual Christmas
display in the city's shopping district, consisting of a Santa Claus
house, a Christmas tree
, a banner reading "Season's Greetings," and a crèche
, was challenged in court. The crèche had been a part of the display since at least 1943. The plaintiffs brought the suit to the District Court of Rhode Island
, which permanently enjoined the city from displaying the Nativity scene in violation of the Establishment Clause. The Court of Appeals for the First Circuit
affirmed the district court's ruling. The city then petitioned to the U.S. Supreme Court for certiorari
.
. The plaintiffs alleged that the display violated the Establishment Clause.
Chief Justice Burger delivered the opinion of the Court, in which White, Powell, Rehnquist
, and O'Connor
joined. The Court held that the crèche did not violate the Establishment Clause based on the test created in Lemon v. Kurtzman
. They ruled that the crèche is a passive representation of religion and that there was "insufficient evidence to establish that the inclusion of the crèche is a purposeful or surreptitious effort to express some kind of subtle governmental advocacy of a particular religious" view. They also stated that the Constitution "affirmatively mandates accommodation, not merely tolerance of all religions, and forbids hostility toward any."
The Court ruled that the crèche has a legitimate secular purpose within a larger holiday display to celebrate the season and the origins of Christmas which has long been a part of Western culture. The Federal "Government has long recognized—-indeed it has subsidized-—holidays with religious significance." For example, the first Congress
that passed the First Amendment
enacted legislation providing for paid Chaplains in the House
and Senate
, and "It has long been the practice that federal employees are released from duties on Thanksgiving
and Christmas
while being paid." The court compared the crèche to the display of religious paintings in government funded museums. In addition, the crèche requires only minimal expenses for assembly and dismantling. The Court also stated, "no inquiry into potential political divisiveness is even called for" because the situation does not involve direct aid to church-sponsored organizations and because the crèche been displayed for 40 years with no problems.
, in her concurring opinion, offered a "clarification" of how the Establishment Clause should be read:
The Establishment Clause prohibits government from making adherence to a religion relevant in any way to a person's standing in the political community. Government can run afoul of that prohibition in two principal ways. One is excessive entanglement with religious institutions ...The second and more direct infringement is government endorsement or disapproval of religion. Endorsement sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.
This is sometimes referred to as the "Endorsement Test." A law which fails this test is found to be unconstitutional because it "endorses" religion or religious beliefs in such a way that it tells those who agree that they are favored insiders and those who disagree that they are disfavored outsiders. The other side of the coin would be the "disapproval" of religion or religious beliefs in such a way that those who agree with the beliefs are told that they are disfavored outsiders while those who disagree with the beliefs are told that they are favored insiders.
, Marshall
, Blackmun
, and Stevens
dissented. The dissenting opinion argued that the case did not pass the Lemon test. The secular display surrounding their secular purpose of celebrating of a national holiday could have been done without a clearly religious symbol that supports only one religion to the exclusion of others giving one group public approval of their views. Even if other religious groups are allowed to include “‘competing efforts [by religious groups] to gain or maintain the support of government’ may ‘occasio[n] considerable civil strife’” The religious crèche is also placed in a central location within the display, which makes even less of the Court’s idea that Pawtucket was just including all of the traditional images. The dissenting opinion also mentions that it cannot be compared to a religious display in a museum because it is not solely being considered as a piece of art but as a religious symbol as well. The government recognition of Christmas previously has only been to recognize the secular parts of Christmas, such as spending time with family. The minority also dissented, noting that "Those who believe in the message of the nativity receive the unique and exclusive benefit of public recognition and approval of their views" and that the creche provides "a significant symbolic benefit to religion..." The dissent argued "The effect on minority religious groups, as well as on those who may reject religion, is to convey the message that their views are not similarly worthy of public recognition nor entitled to public support. It was precisely this sort of chauvinism that the Establishment Clause was intended forever to prohibit."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1984), was a case in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
challenging the legality of holiday decorations on town property.
Background
Pawtucket, Rhode IslandPawtucket, Rhode Island
Pawtucket is a city in Providence County, Rhode Island, United States. The population was 71,148 at the 2010 census. It is the fourth largest city in the state.-History:...
's annual Christmas
Christmas
Christmas or Christmas Day is an annual holiday generally celebrated on December 25 by billions of people around the world. It is a Christian feast that commemorates the birth of Jesus Christ, liturgically closing the Advent season and initiating the season of Christmastide, which lasts twelve days...
display in the city's shopping district, consisting of a Santa Claus
Santa Claus
Santa Claus is a folklore figure in various cultures who distributes gifts to children, normally on Christmas Eve. Each name is a variation of Saint Nicholas, but refers to Santa Claus...
house, a Christmas tree
Christmas tree
The Christmas tree is a decorated evergreen coniferous tree, real or artificial, and a tradition associated with the celebration of Christmas. The tradition of decorating an evergreen tree at Christmas started in Livonia and Germany in the 16th century...
, a banner reading "Season's Greetings," and a crèche
Nativity scene
A nativity scene, manger scene, krippe, crèche, or crib, is a depiction of the birth of Jesus as described in the gospels of Matthew and Luke...
, was challenged in court. The crèche had been a part of the display since at least 1943. The plaintiffs brought the suit to the District Court of Rhode Island
United States District Court for the District of Rhode Island
The United States District Court for the District of Rhode Island is the Federal district court whose jurisdiction is the state of Rhode Island. The District Court was created in 1790 when Rhode Island ratified the Constitution...
, which permanently enjoined the city from displaying the Nativity scene in violation of the Establishment Clause. The Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
affirmed the district court's ruling. The city then petitioned to the U.S. Supreme Court for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Issue
The issue at hand was whether the inclusion of a crèche in the city's Christmas display violates the Establishment Clause of the First Amendment to the United States ConstitutionFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. The plaintiffs alleged that the display violated the Establishment Clause.
Ruling
The Supreme Court reversed previous rulings in a vote of 5-4, ruling that the display was not an effort to advocate a particular religious message and had "legitimate secular purposes."Chief Justice Burger delivered the opinion of the Court, in which White, Powell, Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, and O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
joined. The Court held that the crèche did not violate the Establishment Clause based on the test created in Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...
. They ruled that the crèche is a passive representation of religion and that there was "insufficient evidence to establish that the inclusion of the crèche is a purposeful or surreptitious effort to express some kind of subtle governmental advocacy of a particular religious" view. They also stated that the Constitution "affirmatively mandates accommodation, not merely tolerance of all religions, and forbids hostility toward any."
The Court ruled that the crèche has a legitimate secular purpose within a larger holiday display to celebrate the season and the origins of Christmas which has long been a part of Western culture. The Federal "Government has long recognized—-indeed it has subsidized-—holidays with religious significance." For example, the first Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
that passed the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
enacted legislation providing for paid Chaplains in the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, and "It has long been the practice that federal employees are released from duties on Thanksgiving
Thanksgiving
Thanksgiving Day is a holiday celebrated primarily in the United States and Canada. Thanksgiving is celebrated each year on the second Monday of October in Canada and on the fourth Thursday of November in the United States. In Canada, Thanksgiving falls on the same day as Columbus Day in the...
and Christmas
Christmas
Christmas or Christmas Day is an annual holiday generally celebrated on December 25 by billions of people around the world. It is a Christian feast that commemorates the birth of Jesus Christ, liturgically closing the Advent season and initiating the season of Christmastide, which lasts twelve days...
while being paid." The court compared the crèche to the display of religious paintings in government funded museums. In addition, the crèche requires only minimal expenses for assembly and dismantling. The Court also stated, "no inquiry into potential political divisiveness is even called for" because the situation does not involve direct aid to church-sponsored organizations and because the crèche been displayed for 40 years with no problems.
Concurrence
Justice O’ConnorSandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, in her concurring opinion, offered a "clarification" of how the Establishment Clause should be read:
The Establishment Clause prohibits government from making adherence to a religion relevant in any way to a person's standing in the political community. Government can run afoul of that prohibition in two principal ways. One is excessive entanglement with religious institutions ...The second and more direct infringement is government endorsement or disapproval of religion. Endorsement sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.
This is sometimes referred to as the "Endorsement Test." A law which fails this test is found to be unconstitutional because it "endorses" religion or religious beliefs in such a way that it tells those who agree that they are favored insiders and those who disagree that they are disfavored outsiders. The other side of the coin would be the "disapproval" of religion or religious beliefs in such a way that those who agree with the beliefs are told that they are disfavored outsiders while those who disagree with the beliefs are told that they are favored insiders.
Dissent
Justices BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
, Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
, and Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
dissented. The dissenting opinion argued that the case did not pass the Lemon test. The secular display surrounding their secular purpose of celebrating of a national holiday could have been done without a clearly religious symbol that supports only one religion to the exclusion of others giving one group public approval of their views. Even if other religious groups are allowed to include “‘competing efforts [by religious groups] to gain or maintain the support of government’ may ‘occasio[n] considerable civil strife’” The religious crèche is also placed in a central location within the display, which makes even less of the Court’s idea that Pawtucket was just including all of the traditional images. The dissenting opinion also mentions that it cannot be compared to a religious display in a museum because it is not solely being considered as a piece of art but as a religious symbol as well. The government recognition of Christmas previously has only been to recognize the secular parts of Christmas, such as spending time with family. The minority also dissented, noting that "Those who believe in the message of the nativity receive the unique and exclusive benefit of public recognition and approval of their views" and that the creche provides "a significant symbolic benefit to religion..." The dissent argued "The effect on minority religious groups, as well as on those who may reject religion, is to convey the message that their views are not similarly worthy of public recognition nor entitled to public support. It was precisely this sort of chauvinism that the Establishment Clause was intended forever to prohibit."
See also
- List of United States Supreme Court cases, volume 465
- County of Allegheny v. ACLUCounty of Allegheny v. ACLUIn County of Allegheny v. ACLU, 492 U.S. 573 , the U.S. Supreme Court considered the constitutionality of two recurring holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene , was placed on the grand staircase of the Allegheny County Courthouse...
- Endorsement testEndorsement testThe endorsement test proposed by United States Supreme Court Justice Sandra Day O'Connor in the 1984 case of Lynch v. Donnelly asks whether a particular government action amounts to an endorsement of religion, thus violating the Establishment Clause of the First Amendment...