Lynch v. Donnelly

465 U.S. 668 (1984)

Facts

Each year the city of Pawtucket, R. I. (D), 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 has 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 crèche at issue here. All components of this display are owned by D. The crèche 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 crèche was acquired, it cost the city $1,365; it now is valued at $200. The erection and dismantling of the crèche costs the city about $20 per year; nominal expenses are incurred in lighting the crèche. No money has been expended on its maintenance for the past 10 years. P sued challenging D's inclusion of the crèche in the annual display. The District Court held that the city's inclusion of the crèche in the display violates the Establishment Clause. It found that, by including the crèche in the Christmas display, the city has 'tried to endorse and promulgate religious beliefs,' and that 'erection of the crèche has the real and substantial effect of affiliating the City with the Christian beliefs that the crèche represents.' This 'appearance of official sponsorship,' it believed, 'confers more than a remote and incidental benefit on Christianity.' The court found that excessive entanglement has been fostered as a result of the political divisiveness of including the crèche in the celebration. D was permanently enjoined from including the crèche in the display. A divided panel of the Court of Appeals for the First Circuit affirmed. The Supreme Court granted certiorari.