lynch v donnelly holding

In Hunt v. McNair, 413 U.S. 734, 743 (1973), for instance, we observed that "[a]id normally may be thought to have a primary effect of advancing religion . Ante, at 674-678, 685-686; see also ante, at 692-693 (O'CONNOR, J., concurring). [29] When government appears to sponsor such religiously [709] inspired views, we cannot say that the practice is " `so separate and so indisputably marked off from the religious function,'. 1969). Lynch v. Donnelly, 465 U.S. 668, was a United States Supreme Court case challenging the legality of Christmas decorations on town property. [22] It was precisely this sort of religious chauvinism that the Establishment Clause was intended forever to prohibit. 333 U. S., at 212. In a pluralistic society a variety of motives and purposes are implicated. But the constitutional inquiry should focus ultimately on the character of the government activity that might cause such divisiveness, not on the divisiveness itself. It seems the Court is willing to alter its analysis from Term to Term in order to suit its preferred results. President Reagan and his immediate predecessors have issued similar Proclamations. ); Presidential Proclamation No. 3752, 3 CFR 75 (1966-1970 Comp. And it is plainly contrary to the purposes and values of the Establishment Clause to pretend, as the Court does, that the otherwise secular setting of Pawtucket's nativity scene dilutes in some fashion the creche's singular religiosity, or that the city's annual display reflects nothing more than an "acknowledgment" of our shared national heritage. Id., at 1178. Allen v. Morton, 161 U. S. App. Executive Orders and other official announcements of Presidents and of the Congress have proclaimed both Christmas and Thanksgiving National Holidays in religious terms. In contrast, the message of the creche begins and ends with reverence for a particular image of the divine. "[I]t is fitting that we give thanks with special fervor to our Heavenly Father for the mercies we have received individually and as a nation and for the blessings He has restored, through the victories of our arms and those of our Allies, to His children in other lands. Simply enumerating the various ways in which the Federal Government has recognized the vital role religion plays in our society does nothing to help decide the question presented in this case.

100. See Illinois ex rel.

Pawtucket sought, according to this view, only to participate in the celebration of a national holiday and to attract people to the downtown area in order to promote pre-Christmas retail sales and to help engender the spirit of goodwill and neighborliness commonly associated with the Christmas season. 4883, 3 CFR 68 (1982).

82-1256. [33] To suggest, as the Court does, [712] that such a symbol is merely "traditional" and therefore no different from Santa's house or reindeer is not only offensive to those for whom the creche has profound significance,[34] but insulting to those who insist for religious or personal reasons that the story of Christ is in no sense a part of "history" nor an unavoidable element of our national "heritage. This is plainly not a case in which individual residents of Pawtucket have claimed the right to place a creche as part of a wholly private display on public land. Nyquist, supra, at 773.

Our prior cases have used the three-part test articulated in Lemon v. Kurtzman, 403 U.S. 602, 612-613 (1971), as a guide to detecting these two forms of unconstitutional government action.

The Court of Appeals correctly observed that this Court has not held that political divisiveness alone can serve to invalidate otherwise permissible conduct. In the present case, I particularly believe the third element of this test is not met, since all of Pawtucket's governmental goals — celebrating the holiday season and promoting commerce — can be fully realized without the use of the creche by employing such wholly secular means as Santa Claus, reindeer, and cutout figures. We did not, for example, consider that analysis relevant in Marsh v. Chambers, 463 U.S. 783 (1983). As the Court's opinion observes, ante, at 687, n. 13, this case does not involve such discrimination. The government recognition of Christmas previously has only been to recognize the secular parts of Christmas, such as spending time with family. See, e. g., Walz v. Tax Comm'n, 397 U. S., at 676-680; McGowan v. Maryland, 366 U. S., at 431-445; Engel, 370 U. S., at 425-429. . The display of the creche likewise serves a secular purpose — celebration of a public holiday with traditional symbols. McGowan v. Maryland, and supra, at 699-700. The Court has invalidated legislation or governmental action on the ground that a secular purpose was lacking, but only when it has concluded there was no question that the statute or activity was motivated wholly by religious considerations. Pawtucket's display of its creche, I believe, does not communicate a message that the government intends to endorse the Christian beliefs represented by the creche. The city, like the Congresses and Presidents, however, has principally taken note of a significant historical religious event long celebrated in the Western World. The historical record, contrary to the Court's uninformed assumption, suggests that at the very least conflicting views toward the celebration of Christmas were an important element of that competition at the time of the adoption of the Constitution. [676] Executive Orders and other official announcements of Presidents and of the Congress have proclaimed both Christmas and Thanksgiving National Holidays in religious terms. .

One such letter, which appears to be representative of the views of many, congratulates the Mayor on his efforts "to keep `Christ' in Christmas . Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Walker v. Texas Division, Sons of Confederate Veterans, Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, Central Hudson Gas & Electric Corp. v. Public Service Commission, Consol.

. The practices by which the government has long acknowledged religion are therefore probably necessary to serve certain secular functions, and that necessity, coupled with their long history, gives those practices an essentially secular meaning. In addition, many observers have explained that historically the Christmas celebration derives both from traditional, folk elements such as gift-giving and winter seasonal celebrations, as well as from Christian religious elements. [43] The role of these religious groups in the struggle for disestablishment and their place in the history of the Establishment Clause have already been chronicled at some length in our cases, and therefore I will not repeat that history here. This opposition took legal form in 1659 when the Massachusetts Bay Colony made the observance of Christmas Day, "by abstinence from labor, feasting, or any other way," an offense punishable by fine.

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