Board of Trustees of Scarsdale v. McCreary

Last updated

Board of Trustees of Scarsdale v. McCreary
Seal of the United States Supreme Court.svg
Argued February 20, 1985
Decided March 27, 1985
Full case nameBoard of Trustees of the Village of Scarsdale, et al. v. Kathleen S. McCreary, et al.
Docket no. 84-277
Citations471 U.S. 83 ( more )
105 S. Ct. 1859; 85 L. Ed. 2d 63; 1985 U.S. LEXIS 194
Argument Oral argument
Opinion announcement Opinion announcement
Case history
PriorMcCreary v. Stone, 575 F. Supp. 1112 (S.D.N.Y. 1983); 739 F.2d 716 (2d Cir. 1984)
Holding
Judgement of the Court of Appeals for the Second Circuit is affirmed as per an evenly split Court. Due to ambiguity in the lower court's decision, it is unclear whether the Village is obliged to display a privately-sponsored nativity scene on public land or if it may adopt neutral rules permitting the exclusion of the nativity scene.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
John P. Stevens  · Sandra Day O'Connor
Case opinion
Per curiam
Powell took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I

Board of Trustees of Scarsdale v. McCreary, 471 U.S. 83 (1985), was a United States Supreme Court case in which an evenly split Court upheld per curiam a lower court's decision that the display of a privately sponsored nativity scene on public property does not violate the Establishment Clause of the First Amendment. [1]

Contents

Background

The Village of Scarsdale (coextensive with the Town of Scarsdale) in Westchester County, New York had permitted since 1957 the annual display of creches sponsored by the Scarsdale Creche Committee, a private organization, in Boniface Circle, a small public park in the central business district, for about two weeks during the Christmas season. However, in 1981, the Village Board of Trustees began barring the placement of nativity scenes in the park due to increasing opposition from residents, fifty percent of whom were Jewish, who deemed it "unneighborly" and "insensitive."

In 1983, the Creche Committee along with a group of twelve residents (one of whom is resident Kathleen McCreary), referred to as the Citizens' Group, brought a suit against the Scarsdale Board of Trustees in the U.S. District Court for the Southern District of New York, arguing that the Board's withdrawal of permission to display the nativity scene in the park was a violation of the First Amendment's protection of free speech and free exercise of religion. Judge Charles E. Stewart, Jr. ruled on December 8, 1983, in the case of McCreary v. Stone [2] that the display of the nativity scene did, indeed, constitute an impermissible establishment of religion, stating that ''when a symbol is left on public land, the land becomes the message-bearer.'' [3]

The decision was appealed and argued before the United States Court of Appeals for the Second Circuit in June 1984. The appeals court affirmed the district court's determination that the Village's denial of the display of the nativity scene was content-based (meaning the denial was based on the religious nature of the display) as well as its findings of fact. However, the court of appeals disagreed with the district court's analysis of Widmar v. Vincent (on which its decision was partially based) in light of Lynch v. Donnelly (which came only one month after the district court's ruling) saying "an equal-access policy would not contravene the establishment clause." The court of appeals reversed the decision and remanded the case. [4]

The Scarsdale Board interpreted the court of appeals' decision to mean it was compelled to display the nativity scene on public land. The board of trustees voted unanimously to appeal the decision to the Supreme Court.

Issue

At issue was whether the display of a privately sponsored nativity scene, a religious symbol, on public land was a violation of the separation of church and state laid out in the Establishment Clause of the First Amendment to the Constitution. This protection against the establishment of religion was balanced against the First Amendment protections of free speech and free exercise of religion. [5]

Opinion of the Court

The case was argued before the Supreme Court on February 20, 1985, and a decision was announced on March 27, 1985.

Justice Powell did not partake in the consideration and decision of the case because he was recovering from surgery at the time. With an evenly split Court, the decision of the lower court of appeals was affirmed per curiam. The Supreme Court declined to order that the case be re-argued at a later date.

It is ambiguous in the lower court's decision whether the village government may adopt neutral rules permitting or excluding the display of a privately sponsored nativity scene on public land or whether it is obliged to permit the display of the nativity scene on public land. [6]

Justices O'Connor, Rehnquist and White during oral argument disagreed with the Village's interpretation of the appeals court's decision as meaning it was compelled to display the nativity scene on public lands. Instead, they read the decision more narrowly to state that the Village may prohibit the nativity scene on a more neutral basis. [7]

See also

Related Research Articles

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 from 1968 was unconstitutional and in an 8–1 decision that Rhode Island's 1969 Salary Supplement Act was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials.

<span class="mw-page-title-main">Nativity scene</span> Representation of the birth of Christianity

In the Christian tradition, a nativity scene is the special exhibition, particularly during the Christmas season, of art objects representing the birth of Jesus. While the term "nativity scene" may be used of any representation of the very common subject of the Nativity of Jesus in art, it has a more specialized sense referring to seasonal displays, in particular sets of individual sculptural figures and props that are arranged for display.

Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.

Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.

Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Before this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", restricted only the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.

In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

McCreary County v. American Civil Liberties Union of Kentucky, 545 U.S. 844 (2005), was a case argued before the Supreme Court of the United States on March 2, 2005. At issue was whether the Court should continue to inquire into the purpose behind a religious display and whether evaluation of the government's claim of secular purpose for the religious displays may take evolution into account under an Establishment Clause of the First Amendment analysis.

Van Orden v. Perry, 545 U.S. 677 (2005), is a United States Supreme Court case involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.

<i>Glassroth v. Moore</i>

Glassroth v. Moore, 335 F.3d 1282, and its companion case Maddox and Howard v. Moore, 229 F. Supp. 2d 1290, is a decision from the United States Court of Appeals for the Eleventh Circuit that held a 2+12 ton granite monument of the Ten Commandments placed in the rotunda of the Heflin-Torbert Judicial Building in Montgomery, Alabama by then-Alabama Supreme Court Chief Justice Roy Moore was a violation of the Establishment Clause of the First Amendment.

<span class="mw-page-title-main">Thomas More Law Center</span> Christian conservative law firm in Michigan, US

The Thomas More Law Center is a Christian, conservative, nonprofit, public interest law firm based in Ann Arbor, Michigan, and active throughout the United States. According to the Thomas More Law Center website, its goals are to "preserve America's Judeo-Christian heritage, defend the religious freedom of Christians, restore time-honored moral and family values, protect the sanctity of human life, and promote a strong national defense and a free and sovereign United States of America".

<i>American Civil Liberties Union v. Schundler</i> United States federal court case

American Civil Liberties Union of New Jersey v. Schundler, 168 F.3d 92, is a United States federal case establishing standards for a government-sponsored holiday display to contain religious symbols. It was decided by the Court of Appeals for the Third Circuit on February 16, 1999.

County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday display in question was an 18-foot (5.5 m) public Hanukkah menorah, which was placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.

Stone v. Graham, 449 U.S. 39 (1980), was a court case in which the Supreme Court of the United States ruled that a Kentucky statute was unconstitutional and in violation of the Establishment Clause of the First Amendment, because it lacked a nonreligious, legislative purpose. The statute required the posting of a copy of the Ten Commandments on the wall of each public classroom in the state. The copies of the Ten Commandments were purchased with private funding, but the Court ruled that because they were being placed in public classrooms they were in violation of the First Amendment.

Agostini v. Felton, 521 U.S. 203 (1997), is a landmark decision of the Supreme Court of the United States. In this case, the Court overruled its decision in Aguilar v. Felton (1985), now finding that it was not a violation of the Establishment Clause of the First Amendment for a state-sponsored education initiative to allow public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no "excessive entanglement" between government and religion was apparent. This case is noteworthy in a broader sense as a sign of evolving judicial standards surrounding the First Amendment, and the changes that have occurred in modern Establishment Clause jurisprudence.

Lynch v. Donnelly, 465 U.S. 668 (1984), was a United States Supreme Court case challenging the legality of Christmas decorations on town property. All plaintiffs, including lead plaintiff Daniel Donnelly, were members of the Rhode Island chapter of the ACLU. The lead defendant was Dennis Lynch, then mayor of Pawtucket, Rhode Island.

Pleasant Grove City v. Summum, 555 U.S. 460 (2009), is a decision from the Supreme Court of the United States which ruled on the U.S. Constitution's prohibition on a government establishment of religion specifically with respect to monuments on public land.

William R. Glendon was an American attorney who specialized in issues relating to the First Amendment to the United States Constitution and represented The Washington Post in the Pentagon Papers case.

Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995), is a United States Supreme Court case that focused on First Amendment rights and the Establishment Clause. Vincent Pinette, an active member of the Ku Klux Klan in Columbus, Ohio, wanted to place an unattended cross on the lawn of the Capitol Square during the 1993 Christmas season. Pinette and his fellow members of the KKK submitted their request. The advisory board originally denied this request. However, Pinette and the other members of the Ohio Chapter of the Klan fought this decision in the United States District Court for the Southern District of Ohio. The court found in favor of the Klan and the advisory board issued the permit. The Board appealed to the United States Court of Appeals, which affirmed the decision of the district court. The board made one last petition to the Supreme Court where the decision was made, by a vote of seven to two, that the Klan was permitted to display the cross at the public forum.

<span class="mw-page-title-main">School prayer in the United States</span>

School prayer in the United States if organized by the school is largely banned from public elementary, middle, and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools, such as local school districts, are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...

<span class="mw-page-title-main">Pittsburgh Crèche</span> Nativity scene in downtown Pittsburgh

The Pittsburgh Crèche is a large-scale, American crèche, or nativity scene, that is located on the outside courtyard of the U.S. Steel Tower in downtown Pittsburgh, Pennsylvania. Since 1999, the crèche appears annually during the winter season from November's Light Up Night to Epiphany in January.

References

  1. Board of Trustees of Scarsdale v. McCreary, 471 U.S. 83 (1985).
  2. McCreary v. Stone, 575F. Supp.1112 (S.D.N.Y.1983).
  3. Kolbert, Elizabeth (December 2, 1984). "Scarsdale Creche: The Debate Goes On". New York Times. Retrieved March 10, 2016.
  4. McCreary v. Stone, 739F.2d716 (2d Cir.1984).
  5. Feron, James (July 21, 1983). "Suit Challenges Scarsdale Creche Ban". New York Times. Retrieved March 11, 2016.
  6. "U.S. High Court Deadlocks on Scarsdale Creche Case". New York Times. March 28, 1985. Retrieved March 10, 2016.
  7. Greenhouse, Linda (February 21, 1985). "Scarsdale's Creche Ban Defended Before Justices". New York Times. Retrieved March 10, 2016.