Are Publically-Sponsored Nativity Scenes Constitutional?
12-01-03 Some people have the mistaken belief that government-sponsored Nativity scenes are unconstitutional. The fact is that publically-sponsored Nativity scenes are Constitutional. However, they seem to be a vanishing species. Government-sponsored Nativity scenes on public property are permissible if the holiday display includes both secular and religious symbols. A government-sponsored Nativity scene standing alone on public property without any secular symbols would be considered unconstitutional because it only has a religious purpose. If, however, within the context of the religious display there is also a secular symbol of Christmas such as a Christmas tree, Santa Claus, or Rudolph the Red-Nosed Reindeer, then under the Supreme Court’s interpretation, that display magically becomes Constitutional. The key factor is that there must be some secular symbol of Christmas along with the Nativity scene. For more information, call Liberty Counsel at 1-800-671-1776, and ask for our free
