Under current law, government entities (city halls, courts, public
schools, etc) can generally acknowledge religious holidays so long as
they do not create an impression of endorsement of religion by the
government.
For instance, local towns can display a nativity scene so long as they
include a fair amount of non-religious, or secular, symbols along with
the nativity scene such as reindeer, candy canes, toy soldiers and so
on.
If the display does not include such non-religious symbols, it may be
seen as an unconstitutional government endorsement of religion.
Just because a nativity scene or other religious display appears on
government property does not necessarily mean that it is owned or is
being displayed by the government, using tax dollars. Many local and
some state governments have within their boundaries public areas whereby
citizens are permitted to erect displays, including those of a religious
nature, of their own choice. If you observe a religious display on government property, you may want to consider the following steps to investigate the situation:
Get the facts. Contact the
government officials or offices responsible for the oversight of the
public property where the displays are present. Ask who owns the
display, who erected it and whether any tax money was used for the
purchase and/or erection of the display. If government officials are
hesitant to provide you with such information, consider filing a public
records request to get the information that you want.
Offer a reminder. Pickup the phone
or write a letter to remind your local elected officials that the
Constitution forbids such government endorsement of religion and
religious practices. Tell them that such displays send a message to
those with different faiths and belief systems that they are not
welcome. Also remind them that the Constitution protects the rights of
the few, or even one, against the tyranny of the majority.
Get your message out. Write
letters-to-the-editor or editorials for placement in your local paper.
Attend city council or town meetings. Form a coalition of like-minded
people. You may be surprised at how many people feel the same way that
you do but are reluctant to speak out.
Suggest an alternative location.
Most areas have a wealth of places of worship where such displays are
permitted. The moving of such displays from public to private property
will effectively end any constitutional concerns.
Contact the ACLU of Ohio. Email us at
contact@acluohio.org and send
a detailed message regarding the contents and location of the display as
well as a phone number where you can be reached. While the ACLU is not
able to intervene on behalf of all individuals who contact us, we will provide assistance
when possible.
Become a card-carrying member of the ACLU.
Help us protect the rights of all Ohioans, and Americans, and
join the ACLU.
This fact sheet is for informational purposes and is not a
substitute for personal legal advice.
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