Constitutional Law Keyed to Stone
Lynch v. Donnelly
Facts
A crèche included in a Christmas display, located in a park, owned by a nonprofit organization, is alleged to violate the Establishment Clause, due to a government entity’s involvement with religion. The display included such objects as a Santa Claus house, a Christmas tree, a banner reading “Seasons Greetings,” and a crèche. The crèche had been included in the display for over 40 years. The Plaintiff objected to the display and took action against the Defendant, Dennis Lynch (Defendant), the Mayor of the city. In ruling on the case, the Supreme Court of the United States (Supreme Court) acknowledges that the line-drawing test set forth in Lemon is useful when inquiring into 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. The Supreme Court also acknowledges while the Lemon test is useful, there analysis will not be confined to a single test. The Supreme Court ruled that the inclusion of the crèche in the Christmas display and the benefit caused by the inclusion of the crèche to one religion over another is incidental, indirect and remote. Moreover, the display of the crèche is not an advancement or endorsement of religion. It is only a government recognition of Christmas itself.
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