''American Civil Liberties Union of New Jersey v. Schundler'', 168 F.3d 92 (3rd Cir. 1999), is a United States federal case establishing standards for a government-sponsored
holiday
A holiday is a day set aside by custom or by law on which normal activities, especially business or work including school, are suspended or reduced. Generally, holidays are intended to allow individuals to celebrate or commemorate an event or tra ...
display to contain
religious symbol
A religious symbol is an iconic representation intended to represent a specific religion, or a specific concept within a given religion.
Religious symbols have been used in the military in many countries, such as the United States military chapl ...
s. It was decided by the
Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* East ...
Christmas tree
A Christmas tree is a decorated tree, usually an evergreen conifer, such as a spruce, pine or fir, or an artificial tree of similar appearance, associated with the celebration of Christmas. The custom was further developed in early modern ...
and a menorah on city property in front of City Hall.''Schundler'', 168 F.3d at 95. The scene included Mary, Joseph, Baby Jesus and the Three Wisemen. The American Civil Liberties Union (ACLU) asked the city to stop putting religious symbols on public property. Jersey City put up a sign next to the display that read "Through this display and others throughout the year, the City of Jersey City is pleased to celebrate the diverse cultural and ethnic heritages of its peoples." The ACLU filed a lawsuit saying that this display was unconstitutional because it violated the Establishment Clause of the
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
.''Schundler'', 168 F.3d at 96. The Federal District Court of New Jersey ordered the city to stop erecting its holiday display. The City decided to appeal this ruling. The City also erected a modified holiday display with the original menorah, Christmas tree and nativity and the City added a
Santa Claus
Santa Claus, also known as Father Christmas, Saint Nicholas, Saint Nick, Kris Kringle, or simply Santa, is a Legend, legendary figure originating in Western Christianity, Western Christian culture who is said to Christmas gift-bringer, bring ...
, Frosty the Snowman, a sled, Kwanzaa symbols on the tree and two signs. The ACLU filed for contempt. After some back and forth with the Third Circuit Court of Appeals, the District Court ruled that the modified display did not violate the First Amendment.
Decision
The majority opinion of the court was written by Circuit Judge
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
. The Court used the test for the Establishment Clause from ''
Lemon v. Kurtzman
''Lemon v. Kurtzman'', 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States.. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtz ...
''.''Schundler'', 168 F.3d at 97, citing . This test looks at "whether a challenged government practice had a secular purpose, whether its principal or primary effect advanced or inhibited religion, and whether it created an excessive entanglement of the government with religion." The Court also relied on two prior Supreme Court cases ''
Lynch v. Donnelly
''Lynch v. Donnelly'', 465 U.S. 668 (1984), was a United States Supreme Court case challenging the legality of Christmas decorations on town property.
Background
Pawtucket, Rhode Island's annual Christmas display in the city's shopping district, c ...
'' and ''
County of Allegheny v. ACLU
''County of Allegheny v. American Civil Liberties Union'', 492 U.S. 573 (1989), was a Supreme Court of the United States, United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah h ...
''. The Court stated that "we are unable to perceive any meaningful constitutional distinction between the display at issue here and those that the Supreme Court upheld in ''Lynch'' and ''Allegheny County''."''Schundler'', 168 F.3d at 108. "None of these displays conveyed a message of government endorsement of Christianity, Judaism, or of religion in general but instead 'sent a message of pluralism and freedom to choose one's own beliefs."''Schundler'', 168 F.3d at 107, quoting ''Allegheny County'', 492 U.S. at 633. The Court decided that the modified display did not violate the First Amendment.''Schundler'', 168 F.3d at 107.
American Civil Liberties Union v. Schundler
''American Civil Liberties Union of New Jersey v. Schundler'', 168 F.3d 92 (3rd Cir. 1999), is a United States federal case establishing standards for a government-sponsored holiday display to contain religious symbols. It was decided by the Cour ...