County of Allegheny v. American Civil Liberties Union

1989-07-03

Headline: Court blocks a county courthouse Nativity scene as government endorsement of Christianity, but allows a city’s menorah next to a Christmas tree, changing how officials may display holiday symbols on public property.

Holding: The Court held that a county’s Nativity scene on its main courthouse staircase violated the Establishment Clause and must be enjoined, but that the city’s menorah beside a Christmas tree did not have that unconstitutional effect.

Real World Impact:

Prohibits prominent religious creches in core government buildings.
Permits local governments to display multiple holiday symbols together.
Sets a context-based test focused on reasonable viewers’ perceptions.

Topics: holiday displays, religion and government, public property, First Amendment

Summary

Background

This case arose from two annual holiday displays in downtown Pittsburgh: a creche (Nativity scene) placed on the Grand Staircase of the Allegheny County Courthouse by a Roman Catholic group, and an 18-foot Chanukah menorah placed by the city next to a 45-foot Christmas tree and a mayoral “Salute to Liberty” sign outside the City-County Building. Local residents and the ACLU sued, arguing both displays violated the First Amendment’s Establishment Clause; a federal appeals court said both endorsed religion and were unconstitutional.

Reasoning

The Supreme Court examined whether each display, in its specific physical context, conveyed a government endorsement of religion. Applying prior tests and the endorsement inquiry drawn from Lynch v. Donnelly and Lemon, the Court found the creche on the courthouse Grand Staircase plainly communicated a Christian message in the seat of county government and thus amounted to government endorsement of Christianity. By contrast, the Court concluded the city’s menorah, shown beside the large Christmas tree and the explanatory sign saluting liberty, was reasonably viewed as part of a secular, overall holiday setting acknowledging multiple traditions, not as an endorsement of Jewish faith.

Real world impact

The Court affirmed the lower court in part and reversed in part, ordering further proceedings on unresolved questions. The ruling requires officials to judge holiday displays by context, location, and perceived message. Displays that place a plainly sectarian symbol in a prominent government spot risk being enjoined, while combined holiday settings may be permissible if a reasonable observer would see them as secular acknowledgment.

Dissents or concurrances

Justices differed: several joined parts of the opinion allowing the menorah, while Justice Kennedy (joined by three others) would have allowed the creche too. These disagreements highlight continuing division over the endorsement test and its application.