Nativity Scenes in Public: A Look at the Legal Journey

Every December, you’ll see twinkling lights, Christmas trees, and maybe even a nativity scene in town squares. For many years, these scenes were common, but some people think they shouldn’t be allowed in public places. The U. S. has a long history of religious displays during the holidays. However, in the late 20th century, some groups argued that these displays weren’t allowed by the First Amendment. They claimed that nativity scenes showed the government favoring one religion. In 1971, the Supreme Court agreed in a case called Lemon v. Kurtzman. This decision made it harder to have religious displays in public places. After this, many towns started removing these displays to avoid lawsuits. One example is Birmingham, Michigan. They had a nativity scene at city hall for years, but the ACLU sued them. The court said the nativity scene showed the government endorsing Christianity, so it had to go. Later, the ACLU also sued Pittsburgh for having a nativity scene and a menorah at their courthouse. The Supreme Court said the nativity scene alone was unconstitutional, but the menorah and tree together were okay. This meant towns had to be careful about what they displayed. Some even let other groups add their displays, like a city that allowed a Satanist group to put a skeleton in Santa’s costume in their town square. Thankfully, the Supreme Court changed its mind in recent years. In cases like American Legion v. American Humanist Association and Kennedy v. Bremerton School District, they said religious displays could be allowed if they had a long history and tradition. Now, towns can put nativity scenes and other religious symbols back in public places. It’s a win for religious freedom in America.