County of Allegheny v. American Civil Liberties Union Greater Pittsburgh Chapter
492 U.S. 573 (1989)

  • During the holiday season, the City of Pittsburgh placed a lone nativity scene at the county courthouse, and a menorah and a Christmas tree next to a city government building.
    • The displays were technically owned by private religious groups, but the city and county maintained them.
  • The ACLU sued for an injunction, claiming that the displays violated the Establishment Clause of the 1st Amendment.
  • The Trial Court denied the injunction. The ACLU appealed.
  • The Appellate Court reversed. The city, county, and private groups appealed.
    • The Appellate Court found that the displays violated the Establishment Clause by appearing to endorse Judeo-Christian religious traditions.
  • The US Supreme Court issued a very fractured opinion with 8 concurrences and dissents.
    • Four Justices found both displays to be constitutional, three found neither to be constitutional, and two found only the menorah/Christmas tree display to be constitutional.
    • The Justices that found that both displays violated the Establishment Clause argued that all three items were religious symbols and their display amounted to an unconstitutional endorsement of Judeo-Christian religions.
      • Pittsburgh did not display symbols of other religions.
    • The Justices that found that neither display violated the Establishment Clause argued that the proper test for violation of the Establishment Clause was whether the government's action resulted in an "excessive government entanglement" with religion. They argued that in this case, it did not.
      • See Lemon v. Kurtzman (403 (U.S. 602 (1971)).
      • These Justices found that the Free Exercise Clause requires that the government accommodate religious expression, even to the point where it might appear to be an endorsement of a single religion.
    • The Justices that found that only that the menorah did not violate the Establishment Clause argued that while "menorah standing alone may well send a message of endorsement of the Jewish faith," by placing the menorah with the Christmas tree, the city is representing the pluralism of the freedom of religion.
      • On the other hand, the nativity scene, by itself appeared to be an endorsement of a single religion.
      • The endorsement test is similar to a reasonable person test in tort law. Would a reasonable person, viewing the display think that it was an endorsement of the religion. If not, then the display is constitutional.
  • Basically, the constitutionality of these sorts of displays turns on whether you find the Establishment Clause or the Free Exercise Clause to be the most important part of the 1st Amendment.