John G,
Ms. Meadows (like everyone else) has the right to believe in Christianity and to pray wherever she chooses as an individual. What Constitutional law has historically frowned upon is Government endorsement of one religion over another. BeachArkie summed it up succinctly..allow Christian prayer and you must open the door and allow even prayer some would find objectionable or distasteful.
As for the Nativity scene, that is a blatant endorsement of Christianity because the Courthouse lawn is not represented by any other secular adornments. There is no Menorah, no Koran, it is simply a sole display of a crèche.
While it is permissible for governments to celebrate the holiday season, there are certain limitations on holiday displays on public property. The law is fairly clear about whether or not a local, state, or federal government body is violating the constitutional principle of separation of church and state in the context of public religious displays here are some indications:
1. Is the display on government-owned property? (In this case, yes.)
2. Is the scene or symbol located inside or at the entrance of a core government building, such as a city hall or courthouse? (In this case, yes.) The Supreme Court has ruled that the government may not display nativity scenes at the entrance to core government buildings (see legal summary below), even if a Christmas tree and menorah are nearby.
3. If located on the lawn in front of a government building, is it in a “high traffic area” i.e., a busy street or intersection, or in front of a main entrance to public land? (In this case, yes.)
4. Is the crèche or religious symbol the only symbol displayed, or the predominant feature of the display? (In this case, yes.)
5. What is the proximity of the religious symbol to any other parts of the display? If the religious symbol is standing alone and other figurines, lights or signs that are part of the overall display are not located nearby, or are not within view of the crèche, it is arguably a sole display. (It is arguably a sole display.)
6. Do any signs surrounding the nativity scene contain patently religious messages such as “Gloria in Excelsis Deo”? (No.)
7. Is the manger scene or other religious symbol on public property as part of an announced “public forum”? (No.) If the display is sponsored by a private individual or entity, is there a disclaimer identifying the owner, or a sign properly alerting the public that the government does not endorse the religious message embodied in the display? Is there a written policy and a permit process for the public forum that is content-neutral? (No.) Are there reasonable time and place restrictions? (In other words, allowing a group to put up a religious Christmas display that lasts from before Thanksgiving until Easter is a problem-and that has happened!)
Ms. Meadows (like everyone else) has the right to believe in Christianity and to pray wherever she chooses as an individual. What Constitutional law has historically frowned upon is Government endorsement of one religion over another. BeachArkie summed it up succinctly..allow Christian prayer and you must open the door and allow even prayer some would find objectionable or distasteful.
As for the Nativity scene, that is a blatant endorsement of Christianity because the Courthouse lawn is not represented by any other secular adornments. There is no Menorah, no Koran, it is simply a sole display of a crèche.
While it is permissible for governments to celebrate the holiday season, there are certain limitations on holiday displays on public property. The law is fairly clear about whether or not a local, state, or federal government body is violating the constitutional principle of separation of church and state in the context of public religious displays here are some indications:
1. Is the display on government-owned property? (In this case, yes.)
2. Is the scene or symbol located inside or at the entrance of a core government building, such as a city hall or courthouse? (In this case, yes.) The Supreme Court has ruled that the government may not display nativity scenes at the entrance to core government buildings (see legal summary below), even if a Christmas tree and menorah are nearby.
3. If located on the lawn in front of a government building, is it in a “high traffic area” i.e., a busy street or intersection, or in front of a main entrance to public land? (In this case, yes.)
4. Is the crèche or religious symbol the only symbol displayed, or the predominant feature of the display? (In this case, yes.)
5. What is the proximity of the religious symbol to any other parts of the display? If the religious symbol is standing alone and other figurines, lights or signs that are part of the overall display are not located nearby, or are not within view of the crèche, it is arguably a sole display. (It is arguably a sole display.)
6. Do any signs surrounding the nativity scene contain patently religious messages such as “Gloria in Excelsis Deo”? (No.)
7. Is the manger scene or other religious symbol on public property as part of an announced “public forum”? (No.) If the display is sponsored by a private individual or entity, is there a disclaimer identifying the owner, or a sign properly alerting the public that the government does not endorse the religious message embodied in the display? Is there a written policy and a permit process for the public forum that is content-neutral? (No.) Are there reasonable time and place restrictions? (In other words, allowing a group to put up a religious Christmas display that lasts from before Thanksgiving until Easter is a problem-and that has happened!)
