Lynch v. Donnelly

465 U.S. 668, 104 S. Ct. 1355, 79 L. Ed. 2d 604, 1984 U.S. LEXIS 37, 52 U.S.L.W. 4317
CourtSupreme Court of the United States
DecidedMarch 5, 1984
Docket82-1256
StatusPublished
Cited by1,262 cases

This text of 465 U.S. 668 (Lynch v. Donnelly) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynch v. Donnelly, 465 U.S. 668, 104 S. Ct. 1355, 79 L. Ed. 2d 604, 1984 U.S. LEXIS 37, 52 U.S.L.W. 4317 (1984).

Opinions

Chief Justice Burger

delivered the opinion of the Court.

We granted certiorari to decide whether the Establishment Clause of the First Amendment prohibits a municipality [671]*671from including a créche, or Nativity scene, in its annual Christmas display.

I

Each year, in cooperation with the downtown retail merchants’ association, the city of Pawtucket, R. L, erects a Christmas display as part of its observance of the Christmas holiday season. The display is situated in a park owned by a nonprofit organization and located in the heart of the shopping district. The display is essentially like those to be found in hundreds of towns or cities across the Nation — often on public grounds — during the Christmas season. The Paw-tucket display comprises many of the figures and decorations traditionally associated with Christmas, including, among other things, a Santa Claus house, reindeer pulling Santa’s sleigh, candy-striped poles, a Christmas tree, carolers, cutout figures representing such characters as a clown, an elephant, and a teddy bear, hundreds of colored lights, a large banner that reads “SEASONS GREETINGS,” and the créche at issue here. All components of this display are owned by the city.

The créche, which has been included in the display for 40 or more years, consists of the traditional figures, including the Infant Jesus, Mary and Joseph, angels, shepherds, kings, and animals, all ranging in height from 5" to 5'. In 1973, when the present créche was acquired, it cost the city $1,365; it now is valued at $200. The erection and dismantling of the créche costs the city about $20 per year; nominal expenses are incurred in lighting the créche. No money has been expended on its maintenance for the past 10 years.

Respondents, Pawtucket residents and individual members of the Rhode Island affiliate of the American Civil Liberties Union, and the affiliate itself, brought this action in the United States District Court for Rhode Island, challenging the city’s inclusion of the créche in the annual display. The District Court held that the city’s inclusion of the créche in the display violates the Establishment Clause, 525 F. Supp. 1150, 1178 (1981), which is binding on the states through the [672]*672Fourteenth Amendment. The District Court found that, by including the créche in the Christmas display, the city has “tried to endorse and promulgate religious beliefs,” id., at 1173, and that “erection of the creche has the real and substantial effect of affiliating the City with the Christian beliefs that the creche represents.” Id., at 1177. This “appearance of official sponsorship,” it believed, “confers more than a remote and incidental benefit on Christianity.” Id., at 1178. Last, although the court acknowledged the absence of administrative entanglement, it found that excessive entanglement has been fostered as a result of the political divisiveness of including the créche in the celebration. Id., at 1179-1180. The city was permanently enjoined from including the créche in the display.

A divided panel of the Court of Appeals for the First Circuit affirmed. 691 F. 2d 1029 (1982). We granted certiorari, 460 U. S. 1080 (1983), and we reverse.

I — l i-

A

This Court has explained that the purpose of the Establishment and Free Exercise Clauses of the First Amendment is

“to prevent, as far as possible, the intrusion of either [the church or the state] into the precincts of the other.” Lemon v. Kurtzman, 403 U. S. 602, 614 (1971).

At the same time, however, the Court has recognized that

“total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable.” Ibid.

In every Establishment Clause case, we must reconcile the inescapable tension between the objective of preventing unnecessary intrusion of either the church or the state upon the other, and the reality that, as the Court has so often noted, total separation of the two is not possible.

[673]*673The Court has sometimes described the Religion Clauses as erecting a “wall” betwéen church and state, see, e. g., Everson v. Board of Education, 330 U. S. 1, 18 (1947). The concept of a “wall” of separation is a useful figure of speech probably deriving from views of Thomas Jefferson.1 The metaphor has served as a reminder that the Establishment Clause forbids an established church or anything approaching it. But the metaphor itself is not a wholly accurate description of the practical aspects of the relationship that in fact exists between church and state.

No significant segment of our society and no institution within it can exist in a vacuum or in total or absolute isolation from all the other parts, much less from government. “It has never been thought either possible or desirable to enforce a regime of total separation . . . .” Committee for Public Education & Religious Liberty v. Nyquist, 413 U. S. 756, 760 (1973). Nor does the Constitution require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any. See, e. g., Zorach v. Clauson, 343 U. S. 306, 314, 315 (1952); Illinois ex rel. McCollum v. Board of Education, 333 U. S. 203, 211 (1948). Anything less would require the “callous indifference” we have said was never intended by the Establishment Clause. Zorach, swpra, at 314. Indeed, we have observed, such hostility would bring us into “war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion.” McCollum, supra, at 211-212.

B

The Court’s interpretation of the Establishment Clause has comported with what history reveals was the contemporaneous understanding of its guarantees. A significant example [674]*674of the contemporaneous understanding of that Clause is found in the events of the first week of the First Session of the First Congress in 1789. In the very week that Congress approved the Establishment Clause as part of the Bill of Rights for submission to the states, it enacted legislation providing for paid Chaplains for the House and Senate. In Marsh v. Chambers, 463 U. S. 783 (1983), we noted that 17 Members of that First Congress had been Delegates to the Constitutional Convention where freedom of speech, press, and religion and antagonism toward an established church were subjects of frequent discussion. We saw no conflict with the Establishment Clause when Nebraska employed members of the clergy as official legislative Chaplains to give opening prayers at sessions of the state legislature. Id., at 791.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Peter Bormuth v. County of Jackson
870 F.3d 494 (Sixth Circuit, 2017)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2015
Williams v. California
990 F. Supp. 2d 1009 (C.D. California, 2012)
Commack Self-Service Kosher Meats, Inc. v. Hooker
800 F. Supp. 2d 405 (E.D. New York, 2011)
Bronx Household of Faith v. Board of Education
650 F.3d 30 (Second Circuit, 2011)
Kalman v. Cortes
723 F. Supp. 2d 766 (E.D. Pennsylvania, 2010)
Incantalupo v. Lawrence Union Free School District No. 15
829 F. Supp. 2d 67 (E.D. New York, 2010)
Does 1 v. Enfield Public Schools
716 F. Supp. 2d 172 (D. Connecticut, 2010)
Freedom from Religion Foundation, Inc. v. Geithner
715 F. Supp. 2d 1051 (E.D. California, 2010)
FREEDOM FROM RELIGION FOUNDATION, INC. v. Obama
691 F. Supp. 2d 890 (W.D. Wisconsin, 2010)
Satawa v. Bd. of County Road Com'rs of MacOmb Cty.
687 F. Supp. 2d 682 (E.D. Michigan, 2009)
Freedom From Religion Foundation v. Hanover School District
665 F. Supp. 2d 58 (D. New Hampshire, 2009)
Green v. Haskell County Board of Commissioners
568 F.3d 784 (Tenth Circuit, 2009)
Doe v. Wilson County School System
564 F. Supp. 2d 766 (M.D. Tennessee, 2008)
Buono v. Kempthorne
527 F.3d 758 (Ninth Circuit, 2008)
Harper v. Poway Unified School District
545 F. Supp. 2d 1072 (S.D. California, 2008)
M.B. Ex Rel. Martin v. Liverpool Central School District
487 F. Supp. 2d 117 (N.D. New York, 2007)
Paulson v. Abdelnour
51 Cal. Rptr. 3d 575 (California Court of Appeal, 2006)
Vision Church v. Village of Long Grove
397 F. Supp. 2d 917 (N.D. Illinois, 2005)
Staley v. Harris County, Tex.
332 F. Supp. 2d 1030 (S.D. Texas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
465 U.S. 668, 104 S. Ct. 1355, 79 L. Ed. 2d 604, 1984 U.S. LEXIS 37, 52 U.S.L.W. 4317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-donnelly-scotus-1984.