Second Circuit Upholds NYC Schools' Holiday Display Policy

Yesterday, in Skoros v. Tine, (2nd Cir., Feb. 2, 2006), the U.S. Second Circuit Court of Appeals, in a 2-1 decision, upheld the New York City schools’ holiday display policy against constitutional attack. The Department of Education’s policy allows the menorah to be displayed as a symbol of the Jewish holiday of Chanukkah and the star and crescent to be displayed as a symbol of the Islamic holiday of Ramadan, but it permits only secular symbols, and not a creche or nativity scene, to be displayed as a symbol of Christmas. In a lengthy opinion, the majority found that the policy passes the Lemon test. It also rejected a claim that the policy violates plaintiff’s free exercise rights or her parental rights to control the religious education and upbringing of her children. Judge Straub, dissenting, argued that the Establishment Clause was violated because the holiday display policy sends a message of endorsement of Judaism and Islam to students viewing the school displays. [Thanks to Ted Olsen, Christianity Today, for the information]