Legal Question in Constitutional Law in Massachusetts

Christmas displays on town-owned property
I have been noticing that around
Christmas time, the town
government allows a reindeer and
Santa display to be set up in front of
the police station, Christmas lights to
be put on a tree on the town
common and a creche to be placed
on the common.
I also believe, but I'm not certain,
that the town puts money behind
having the fire department put up
the Christmas lights, and have the
Department of Public Works put up
the other displays.
Is this constitutional?

Asked on 5/22/07, 3:54 pm

2 Answers from Attorneys

Dmitry Lev The Lev Law Firm

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Re: Christmas displays on town-owned property

My law school thesis was on this issue. The leading authority is actually a nearby Rhode Island case, Lynch v. Donnelly, decided by the US Supreme Court in 1983. The question is whether the town has a secular purpose for the display (ANY secular purpose, including a celebration of a holiday), and whether the display's principal effect neither inhibits nor advances religion. Further, there is an inquiry as to whether the holiday display somehow creates government monitoring of religion (as with religious training in public schools) and whether such a display could cause political divisivess among the various branches of the government.

Because certain displays can possibly cross these lines, it is now accepted that as long as there are also secular symbols scattered around (like Santa Claus or a reindeer or two) or symbols from other religions (Hanukkah candles), then the display is permissible.

Answered on 5/27/07, 3:18 am

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