Lynch v. Donnelly
lynch v donnelly u united state supreme court case challenging legality christmas decoration town property plaintiff including lead plaintiff daniel donnelly member rhode island chapter aclu lead defendant dennis lynch mayor pawtucket rhode island annual christmas display shopping district pawtucket consisting santa claus house christmas tree banner reading season greeting crèche challenged court crèche part display since least plaintiff brought suit district court rhode island permanently enjoined city displaying nativity scene violation establishment clause first amendment united state constitution court appeal first circuit affirmed district court ruling city petitioned u supreme court granted certiorari chief justice burger delivered opinion court justice white powell rehnquist oconnor joined supreme court reversed previous ruling vote – ruling display effort advocate particular religious message legitimate secular purpose held crèche violate establishment clause based test created lemon v kurtzman ruled crèche passive representation religion insufficient evidence establish inclusion crèche purposeful surreptitious effort express kind subtle governmental advocacy particular religious view also stated constitution affirmatively mandate accommodation merely tolerance religion forbids hostility toward court ruled crèche legitimate secular purpose within larger holiday display celebrate season origin christmas long part western culture federal government long recognized—indeed subsidized—holidays religious significance example first congress passed first amendment enacted legislation providing paid chaplain house senate long practice federal employee released duty thanksgiving christmas paid court compared crèche display religious painting government funded museum addition crèche requires minimal expense assembly dismantling court also stated inquiry potential political divisiveness even called situation involve direct aid churchsponsored organization crèche displayed year problem justice o’connor concurring opinion offered clarification establishment clause read establishment clause prohibits government making adherence religion relevant way person standing political community government run afoul prohibition two principal way one excessive entanglement religious institution may interfere independence institution give institution access government governmental power fully shared nonadherents religion foster creation political constituency defined along religious line eg larkin v grendels den inc u second direct infringement government endorsement disapproval religion endorsement sends message nonadherents outsider full member political community accompanying message adherent insider favored member political community proper inquiry purpose prong lemon submit whether government intends convey message endorsement disapproval religion sometimes referred endorsement test law fails test found unconstitutional endorses religion religious belief way tell agree favored insider disagree disfavored outsider side coin would disapproval religion religious belief way agree belief told disfavored outsider disagree belief told favored insider justice brennan marshall blackmun stevens dissented dissenting opinion argued case pas lemon test secular display surrounding secular purpose celebrating national holiday could done without clearly religious symbol support one religion exclusion others giving one group public approval view even religious group allowed include competing effort religious group gain maintain support government may occasion considerable civil strife religious crèche also placed central location within display make even less court idea pawtucket including traditional image dissenting opinion also mention cannot compared religious display museum solely considered piece art religious symbol well government recognition christmas previously recognize secular part christmas spending time family minority also dissented noting believe message nativity receive unique exclusive benefit public recognition approval view creche provides significant symbolic benefit religion dissent argued effect minority religious group well may reject religion convey message view similarly worthy public recognition entitled public support precisely sort chauvinism establishment clause intended forever prohibit christmas controversy county allegheny v american civil liberty union endorsement test dennis lynch etc et al petitioner v daniel donnelly et al openjuristorg u october retrieved june gordon glenn lynch v donnelly breaking barrier religious display cornell law review hersman nancy blyth lynch v donnelly lemon test soured loyola los angeles law review – text lynch v donnelly u available cornell courtlistener findlaw google scholar justia library congress united state supreme court opinion volume