Thursday, December 27, 2007

Court Says Kwanzaa Is Not "Religious"

A Shelby County, Tennessee Probate Court judge has ruled that Kwanzaa is not a "religious" celebration so that use of County Commission chambers for a Kwanzaa celebration does not violate the Establishment Clause. Yesterday's Memphis Daily News and today's Memphis Commercial Appeal report on the decision handed down in a suit filed last week by Probate Court Clerk Chris Thomas against the county and County Commissioner Henri Brooks. Thomas argued that since nativity scenes and other religious events could not be hosted on county property, it would be discriminatory to permit a Kwanzaa event. Anthony Pietrangelo, representing Thomas, said that Kwanzaa is a spiritual alternative to Christmas and by allowing the event, the county would be saying "no to access for Christmas, but yes to access for Kwanzaa." Chancellor Walter Evans, however, disagreed ruling that the celebration is not religious just because it has a spiritual dimension to it. He also said it would be inappropriate for the court to allow one elected official to infringe on the territory of another elected official.