County of Allegheny v. American Civil Liberties Union 1989

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 139-144

Contenidos

• 'Tis the season.
• Celebrating holidays or establishing religion?.
• A mixed ruling.
• A chorus of opinions.
• Suggestions for further reading.

Page 139

Petitioners: County of Allegheny, et al.

Respondents: American Civil Liberties Union (ACLU), et al.

Petitioners' Claim: That government holiday displays with a Christian nativity scene and a Jewish menorah did not violate the First Amendment guarantee of separation of church and state.

Chief Lawyer for Petitioners: Peter Buscemi

Chief Lawyer for Respondents: Roslyn M. Litman

Justices for the Court: (Ruling against the Christian nativity scene) Harry A. Blackmun (writing for the Court), William J. Brennan, Jr., Thurgood Marshall, Sandra Day O'Connor, John Paul Stevens. (Ruling in favor of the Jewish menorah) Harry A. Blackmun (writing for the Court), Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Byron R. White

Justices Dissenting: (Voting in favor of the Christian nativity scene) Anthony M. Kennedy, William H. Rehnquist, Antonin Scalia, Byron R. White. (Voting against the Jewish menorah) William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens

Date of Decision: July 3, 1989

Decision: By different votes, the Court banned the Christian nativity scene but allowed the Jewish menorah.

Significance: The Court said that government may not sponsor holiday displays that support religion.

Page 140

'Tis the season

Thanksgiving in November marks the beginning of a holiday season that leads to Christmas, Chanukah, New Year's Day, and other holidays. People of many religions celebrate the season with festive holiday displays.

Associate Justice Harry A. Blackmun. Reproduced by permission of Archive Photos, Inc.

In Allegheny County, Pennsylvania, the county courthouse celebrated the season by displaying a créche donated by a Roman Catholic organization called the Holy Name Society. A créche is a nativity scene that displays the events surrounding the birth of Jesus Christ. In 1986 the créche had figures of Jesus, Mary, and Joseph, plus shepherds, animals, and wise men. The créche also had a sign for the Holy Name Society (a Catholic group) and a message that said "Glory to God in the Highest."

One block from the courthouse was the City-County Building, which had government offices for both Allegheny County and the city of Pittsburgh, Pennsylvania. During the holiday season, Pittsburgh decorated the entrance to its side of the building with a 45-foot-tall Christmas tree. Beginning in 1982, Pittsburgh added an 18-foot menorah to the display. A menorah is a candleholder that is used to celebrate the Jewish holiday of Chanukah. In 1986 the display had a sign with the following message: "During this holiday season, the city of Pittsburgh salutes liberty. Let these festive lights remind us that we are the keepers of the flame of liberty and our legacy of...