It's that time of year again
No not Halloween, but the season for the banning of Christmas and Christmas celebrations in schools and the public square. Whether it is banning red and green from "Winter Celebrations" to Christmas carols to renaming Christmas lights secularists have long sought to remove Christ from Christmas. This year the play "A Penguin Christmas" was cancelled by a Port St. Lucie elementary school school because it contained the word Christmas!
"For more than a week, Mary Anne Bender helped her 10-year-old daughter learn her Christmas pageant lines and daydream about what costume she'd sew for the after-school play at Windmill Point Elementary.
But on the second day of practice, fifth-grader Kayla Vance was told she can't play Mrs. Claus in A Penguin Christmas because the principal has axed any mention of the word "Christmas" in holiday festivals."
Organizations like the Rutherford Institute have long been fighting such unconstitutional acts of censorship in the public square. Berkley Michigan got a reminder this year of the Constitutionality of allowing Christmas displays.
Hal Moroz, a lawyer, judge and law professor wrote the following for an article. It was sent to me by a mutual friend and I am reprinting it here for your enjoyment.
"Legally Recognizing the Christmas Holiday Hal Moroz
Christmas is the most celebrated and treasured of American holidays. It is a time of celebration, gift-giving, festive decorations, and, as of late, growing controversy and confusion. The latter is based on legal challenges as to how Americans may publicly commemorate the central meaning of the holiday, that being the birth of Christ.
Secular organizations like the ACLU have challenged various expressions of recognition of the Christmas holiday, alleging that they violate the Establishment Clause of the Constitution and the notion of a separation between church and state.
Traditional organizations have countered by arguing that religious expressions designed to commemorate the season are an important historical part of America’s cultural heritage, and that the Establishment Clause was created to protect the free exercise of religion.
A result of this controversy is confusion in the minds of the general public over what is a legally acceptable religious _expression during the Christmas season. Although the legal battles continue, our high courts have provided some answers to questions regarding your rights during the Christmas season. Here are a few questions and answers:
(1) May public schools and local governments call the December school and work breaks “Christmas Vacation”?
Yes. The Supreme Court has approved the longstanding recognition of religious holidays, including Christmas, by public schools and local governments [Lynch v. Donnelly, 465 U.S. 668, 676 (1984)]. Even Congress has declared Christmas a legal public holiday [5 U.S.C.A. § 6103(a) (2003)].
(2) May saying “Merry Christmas” be banned in public squares or schools?
No. All Americans enjoy the constitutional right of free speech in the public square. In addition, the Supreme Court has ruled that teachers and students do not “shed their constitutional rights to freedom of speech or _expression at the schoolhouse gate.” [Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969)].
(3) May Christmas carols be sung by students in public schools?
Yes. Even Christmas carols with references to Jesus Christ may be sung by students without violating the Constitution. Singing these carols in choirs, Christmas programs, and at other events is permissible. [Florey v. Sioux Falls School District, 619 F.2d 1311, 1319 (8th Cir. 1980)].
(4) May students in public schools study the historical origins of Christmas, including biblical accounts of the birth of Christ?
Yes. The Supreme Court has stated that “the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like.” [Stone v. Graham, 449 U.S. 39, 42 (1981)].
(5) May local governments sponsor Christmas displays?
Yes. Public officials may authorize the display of Christmas symbols, such as a nativity scene depicting the historical origin of the holiday, without offending the Constitution. To determine the constitutionality of a particular display, the Supreme Court established the three-pronged Lemon Test, in which the court inquires “whether the challenged law or conduct has a secular purpose, whether its principal or primary effect is to advance or inhibit religion, and whether it creates an excessive entanglement of government with religion.” [Lynch, 465 U.S. at 679 (citing Lemon, 403 U.S. at 612-613)].
With that said, the bottom line is that recognizing Christmas is still legal. And during this time of celebration, let us remember and acknowledge the men and women of our Armed Forces who paid the ultimate sacrifice to provide us the blanket of freedom to celebrate this most special holiday season.
Merry Christmas, America! God bless us, every one!"
Yes indeed - God bless us every one!
"For more than a week, Mary Anne Bender helped her 10-year-old daughter learn her Christmas pageant lines and daydream about what costume she'd sew for the after-school play at Windmill Point Elementary.
But on the second day of practice, fifth-grader Kayla Vance was told she can't play Mrs. Claus in A Penguin Christmas because the principal has axed any mention of the word "Christmas" in holiday festivals."
Organizations like the Rutherford Institute have long been fighting such unconstitutional acts of censorship in the public square. Berkley Michigan got a reminder this year of the Constitutionality of allowing Christmas displays.
Hal Moroz, a lawyer, judge and law professor wrote the following for an article. It was sent to me by a mutual friend and I am reprinting it here for your enjoyment.
"Legally Recognizing the Christmas Holiday Hal Moroz
Christmas is the most celebrated and treasured of American holidays. It is a time of celebration, gift-giving, festive decorations, and, as of late, growing controversy and confusion. The latter is based on legal challenges as to how Americans may publicly commemorate the central meaning of the holiday, that being the birth of Christ.
Secular organizations like the ACLU have challenged various expressions of recognition of the Christmas holiday, alleging that they violate the Establishment Clause of the Constitution and the notion of a separation between church and state.
Traditional organizations have countered by arguing that religious expressions designed to commemorate the season are an important historical part of America’s cultural heritage, and that the Establishment Clause was created to protect the free exercise of religion.
A result of this controversy is confusion in the minds of the general public over what is a legally acceptable religious _expression during the Christmas season. Although the legal battles continue, our high courts have provided some answers to questions regarding your rights during the Christmas season. Here are a few questions and answers:
(1) May public schools and local governments call the December school and work breaks “Christmas Vacation”?
Yes. The Supreme Court has approved the longstanding recognition of religious holidays, including Christmas, by public schools and local governments [Lynch v. Donnelly, 465 U.S. 668, 676 (1984)]. Even Congress has declared Christmas a legal public holiday [5 U.S.C.A. § 6103(a) (2003)].
(2) May saying “Merry Christmas” be banned in public squares or schools?
No. All Americans enjoy the constitutional right of free speech in the public square. In addition, the Supreme Court has ruled that teachers and students do not “shed their constitutional rights to freedom of speech or _expression at the schoolhouse gate.” [Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969)].
(3) May Christmas carols be sung by students in public schools?
Yes. Even Christmas carols with references to Jesus Christ may be sung by students without violating the Constitution. Singing these carols in choirs, Christmas programs, and at other events is permissible. [Florey v. Sioux Falls School District, 619 F.2d 1311, 1319 (8th Cir. 1980)].
(4) May students in public schools study the historical origins of Christmas, including biblical accounts of the birth of Christ?
Yes. The Supreme Court has stated that “the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like.” [Stone v. Graham, 449 U.S. 39, 42 (1981)].
(5) May local governments sponsor Christmas displays?
Yes. Public officials may authorize the display of Christmas symbols, such as a nativity scene depicting the historical origin of the holiday, without offending the Constitution. To determine the constitutionality of a particular display, the Supreme Court established the three-pronged Lemon Test, in which the court inquires “whether the challenged law or conduct has a secular purpose, whether its principal or primary effect is to advance or inhibit religion, and whether it creates an excessive entanglement of government with religion.” [Lynch, 465 U.S. at 679 (citing Lemon, 403 U.S. at 612-613)].
With that said, the bottom line is that recognizing Christmas is still legal. And during this time of celebration, let us remember and acknowledge the men and women of our Armed Forces who paid the ultimate sacrifice to provide us the blanket of freedom to celebrate this most special holiday season.
Merry Christmas, America! God bless us, every one!"
Yes indeed - God bless us every one!
posted by The Lady Logician at
7:41 PM
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