County of Allegheny v. ACLU
Encyclopedia
In County of Allegheny v. ACLU, 492 U.S. 573 (1989), 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
(crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday displays in question was an 18-foot Hanukkah
menorah, which was placed just outside the City-County Building next to the city's 45-foot decorated Christmas tree
. The legality of the Christmas tree display was not considered in this case.
In a complex and fragmented decision, the majority held that the County of Allegheny violated the Establishment Clause
by displaying a crèche in the county courthouse, because the "principal or primary effect" of the display was to advance religion within the meaning of Lemon v. Kurtzman
, when viewed in its overall context. Moreover, in contrast to Lynch v. Donnelly
, nothing in the crèche’s setting detracted from that message.
A different majority held that the menorah display did not have the prohibited effect of endorsing religion, given its "particular physical setting". Its combined display with a Christmas tree and a sign saluting liberty did not impermissibly endorse both the Christian and Jewish faiths, but simply recognized that both Christmas and Hanukkah are part of the same winter-holiday season, which, the court found, has attained a secular status in U.S. society.
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The City-County Building is separate from the courthouse, and is jointly owned by the city and county. The city has placed a 45 foot Christmas tree in front of the building "for a number of years." In 1986, the city placed a plaque beneath the tree with the mayor's name, entitled "Salute to Liberty." Below the title, the sign stated: 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 freedom. Since 1982, the city has also placed a menorah with the Christmas tree in front of the City-County Building. The city does not own the menorah, but places, stores, and removes it each year. The menorah is owned by Pittsburgh's Lubavitch Center
.
On December 10, 1986, the Greater Pittsburgh Chapter of the ACLU
and seven local residents sued the city of Pittsburgh and the county of Allegheny. The lawsuit sought to enjoin the county from displaying the crèche in the courthouse, and the city from displaying the menorah in front of the city-county building. Chabad was allowed to intervene to defend the menorah. The plaintiffs argued that the displays violated the Establishment Clause, applicable via the Fourteenth Amendment
. On May 8, 1987, the District Court
denied the injunction to remove either the crèche or the menorah. The Court of Appeals for the Third Circuit
reversed the district court's ruling, stating that the two displays each violated the Establishment Clause. The county, city, and Chabad all subsequently filed petitions for certiorari
.
The following table breaks down the justices' opinions:
and Yom Kippur
."
, Kennedy argues that the Constitution
allows the display of the crèche. Blackmun disagrees with Kennedy's logic, arguing that Kennedy advocates a lower level of scrutiny
when evaluating the Establishment Clause.
Pittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
. The first, a nativity scene
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...
(crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday displays in question was an 18-foot Hanukkah
Hanukkah
Hanukkah , also known as the Festival of Lights, is an eight-day Jewish holiday commemorating the rededication of the Holy Temple in Jerusalem at the time of the Maccabean Revolt of the 2nd century BCE...
menorah, which was placed just outside the City-County Building next to the city's 45-foot decorated 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...
. The legality of the Christmas tree display was not considered in this case.
In a complex and fragmented decision, the majority held that the County of Allegheny violated the Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
by displaying a crèche in the county courthouse, because the "principal or primary effect" of the display was to advance religion within the meaning of 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...
, when viewed in its overall context. Moreover, in contrast to Lynch v. Donnelly
Lynch v. Donnelly
Lynch v. Donnelly, 465 U.S. 668 , was a case in the Supreme Court of the United States challenging the legality of holiday decorations on town property.-Background:...
, nothing in the crèche’s setting detracted from that message.
A different majority held that the menorah display did not have the prohibited effect of endorsing religion, given its "particular physical setting". Its combined display with a Christmas tree and a sign saluting liberty did not impermissibly endorse both the Christian and Jewish faiths, but simply recognized that both Christmas and Hanukkah are part of the same winter-holiday season, which, the court found, has attained a secular status in U.S. society.
Background
Since 1981, the Holy Name Society of Pittsburgh has placed a crèche on the grand staircase of the Allegheny County courthouse. In 1986, the county also placed poinsettia plants and two Christmas trees around the crèche. Attached to the manger was an angel carrying a banner, with the words:Gloria in Excelsis DeoGloria in Excelsis Deo
"Gloria in excelsis Deo" is the title and beginning of a hymn known also as the Greater Doxology and the Angelic Hymn. The name is often abbreviated to Gloria in Excelsis or simply Gloria.It is an example of the psalmi idiotici "Gloria in excelsis Deo" (Latin for "Glory to God in the highest")...
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The City-County Building is separate from the courthouse, and is jointly owned by the city and county. The city has placed a 45 foot Christmas tree in front of the building "for a number of years." In 1986, the city placed a plaque beneath the tree with the mayor's name, entitled "Salute to Liberty." Below the title, the sign stated: 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 freedom. Since 1982, the city has also placed a menorah with the Christmas tree in front of the City-County Building. The city does not own the menorah, but places, stores, and removes it each year. The menorah is owned by Pittsburgh's Lubavitch Center
Chabad house
A Chabad house is a centre for disseminating Orthodox Judaism by the Chabad movement. Chabad Houses are run by the local Shaliach , who was sent to that place by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, who founded all Chabad Houses...
.
On December 10, 1986, the Greater Pittsburgh Chapter of the ACLU
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and seven local residents sued the city of Pittsburgh and the county of Allegheny. The lawsuit sought to enjoin the county from displaying the crèche in the courthouse, and the city from displaying the menorah in front of the city-county building. Chabad was allowed to intervene to defend the menorah. The plaintiffs argued that the displays violated the Establishment Clause, applicable via the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. On May 8, 1987, the District Court
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...
denied the injunction to remove either the crèche or the menorah. The Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
reversed the district court's ruling, stating that the two displays each violated the Establishment Clause. The county, city, and Chabad all subsequently filed petitions 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...
.
Opinion
The major holding of the court found that the crèche display violated the Establishment Clause while the menorah did not. In her opinion, O'Connor explains the slightly different reasons why she also supports Blackmun's holding. Brennan, joined by Stevens and Marshall, joined parts III-A, IV, and V of Blackmun's opinion. However, Brennan disagreed with Blackmun and O'Connor's respective opinions by stating that the menorah and Christmas tree are also violations of the Establishment Clause. Kennedy, joined by Rehnquist, White, and Scalia disagree with Blackmun's reasoning in part VI. These four also disagree with part IV, agreeing with the previous judgment of the district court. Stevens, in his own opinion, stated that the appeals court was correct in its ruling. He believed that the menorah display, together with the Christmas tree, signified a double violation of the establishment clause. Since the menorah is a religious symbol, he felt that Judaism and Christianity were being endorsed by the government to the exclusion of all other religions.The following table breaks down the justices' opinions:
| Justice | Nativity scene | Menorah |
|---|---|---|
| Blackmun | violation | constitutional |
| O'Connor | violation | constitutional |
| Brennan | violation | violation |
| Stevens | violation | violation |
| Marshall | violation | violation |
| Kennedy | constitutional | constitutional |
| White | constitutional | constitutional |
| Scalia | constitutional | constitutional |
| Rehnquist | constitutional | constitutional |
Part I
Blackmun and O'Connor both believe that the Christmas tree is a secular symbol in American society today. However, O'Connor states that the "menorah standing alone may well send a message of endorsement of the Jewish faith." By placing the menorah with the Christmas tree, she believes that the city is representing the pluralism of the freedom of religion.Part II
Blackmun believes that the menorah has become a secular symbol, emblematic of the "winter-holiday season." Brennan dissents, stating that the menorah retains religious meaning. O'Connor joins in Blackmun's belief.Part III
In part III-A, Blackmun discusses the Establishment Clause. In III-B, Blackmun sets the issue of the case as deciding if the crèche and menorah have "the total effect of endorsing or disapproving religious beliefs." Brennan dissents to the opinions of O'Connor and Blackmun, which had proposed that the presence of multiple religious displays, so long as one is not favored over the other. Blackmun and Brennan also argue that Hanukkah's social prominence in America may be due to the proximity to Christmas. Blackmun states that December is not the "winter holiday season" for Judaism, and believes that the presentation of the menorah with the Christmas tree promotes a "Christianized version of Judaism." Brennan questions why the city recognizes a "relatively minor Jewish holiday," while not the "far more significant Jewish holidays of Rosh HashanahRosh Hashanah
Rosh Hashanah , , is the Jewish New Year. It is the first of the High Holy Days or Yamim Nora'im which occur in the autumn...
and Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...
."
Part IV
Blackmun finds that the crèche endorses a "patently Christian message," and permanently enjoins its display in the context presented. Kennedy believes that the crèche does not fail the second prong of the Lemon test, and its display is therefore constitutional. He also concurs that the display of the menorah is constitutional.Part V
Citing Marsh v. ChambersMarsh v. Chambers
Marsh v. Chambers, 463 U.S. 783 , was a case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States...
, Kennedy argues that the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
allows the display of the crèche. Blackmun disagrees with Kennedy's logic, arguing that Kennedy advocates a lower level of scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
when evaluating the Establishment Clause.
Part VI
Blackmun finds that the menorah display does not endorse religion in violation of the Establishment Clause. However, since the court is remanding the decision to the appeals court, it is possible that the display fails the Lemon test on the "entanglement" and "purpose" prongs, which were not considered in this case.Part VII
Blackmun sums up the opinion, stating that the display of the crèche in the courthouse is unconstitutional. He also states that the display of the menorah in this "particular physical setting" is constitutional. The cases were remanded to the appeals court for further proceedings in light of this decision.See also
- List of United States Supreme Court cases, volume 492
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
- Lemon v. KurtzmanLemon v. KurtzmanLemon 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...
- Lynch v. DonnellyLynch v. DonnellyLynch v. Donnelly, 465 U.S. 668 , was a case in the Supreme Court of the United States challenging the legality of holiday decorations on town property.-Background:...