lynch donnelly argued october decided march city pawtucket annually erects christmas display park owned nonprofit organization located heart city shopping district display includes addition objects santa claus house christmas tree banner reads seasons greetings creche nativity scene part annual display years respondents brought action federal district challenging inclusion creche display ground violated establishment clause first amendment made applicable fourteenth amendment district upheld challenge permanently enjoined city including creche display appeals affirmed held notwithstanding religious significance creche pawtucket violated establishment clause pp concept wall separation church state useful metaphor accurate description practical aspects relationship fact exists constitution require complete separation church state affirmatively mandates accommodation merely tolerance religions forbids hostility toward anything less require callous indifference zorach clauson never intended establishment clause pp interpretation establishment clause comports contemporaneous understanding framers intent neither draftsmen constitution members first congress first congress saw establishment problem employing chaplains offer daily prayers congress striking example accommodation religious beliefs intended framers pp history pervaded official acknowledgment role religion american life equally pervasive evidence accommodation faiths forms religious expression hostility toward none pp rather taking absolutist approach applying establishment clause mechanically invalidating governmental conduct statutes confer benefits give special recognition religion general one faith scrutinized challenged conduct legislation determine whether reality establishes religion religious faith tends process called case often found useful inquire whether challenged law conduct secular purpose whether principal primary effect advance inhibit religion whether creates excessive entanglement government religion unwilling confined single test criterion sensitive area pp focus inquiry must creche context christmas season focus exclusively religious component activity inevitably lead invalidation establishment clause pp based record case city secular purpose including creche christmas display impermissibly advanced religion created excessive entanglement religion government display sponsored city celebrate holiday recognized congress national tradition depict origins holiday legitimate secular purposes whatever benefit one faith religion religions inclusion creche display effects indirect remote incidental advancement endorsement religion congressional executive recognition origins christmas exhibition religious paintings governmentally supported museums unable discern greater aid religion inclusion creche substantial benefits previously held violative establishment clause administrative entanglement evidence contact church authorities concerning content design exhibition prior since city purchase creche expenditures maintenance creche necessary since city owns creche valued tangible material contributes de minimis political divisiveness alone serve invalidate otherwise permissible conduct event apart instant litigation evidence political friction divisiveness creche history city christmas celebration pp ironic inclusion creche display part celebration event acknowledged western world centuries country people executive branch congress courts centuries taint exhibition render violative establishment clause forbid use one passive symbol hymns carols sung played public places including schools congress state legislatures open public sessions prayers overreaction contrary nation history holdings pp burger delivered opinion white powell rehnquist joined filed concurring opinion post brennan filed dissenting opinion marshall blackmun stevens joined post blackmun filed dissenting opinion stevens joined post william mcmahon argued cause petitioners briefs richard mcmahon spencer viner solicitor general lee argued cause amicus curiae urging reversal brief assistant attorney general mcgrath deputy solicitor general bator deputy assistant attorney general kuhl kathryn oberly amato deluca argued cause respondents brief sandra blanding burt neuborne richard larson norman dorsen briefs amici curiae urging reversal filed coalition religious liberty et al james knicely john whitehead legal foundation america david crump washington legal foundation daniel popeo paul kamenar nicholas calio briefs amici curiae urging affirmance filed american jewish committee et al samuel rabinove league et al justin finger alan dershowitz meyer eisenberg jeffrey sinensky nathan dershowitz marc stern chief justice burger delivered opinion granted certiorari decide whether establishment clause first amendment prohibits municipality including creche nativity scene annual christmas display year cooperation downtown retail merchants association city pawtucket erects christmas display part observance christmas holiday season display situated park owned nonprofit organization located heart shopping district display essentially like found hundreds towns cities across nation often public grounds christmas season pawtucket display comprises many figures decorations traditionally associated christmas including among things santa claus house reindeer pulling santa sleigh poles christmas tree carolers cutout figures representing characters clown elephant teddy bear hundreds colored lights large banner reads seasons greetings creche issue components display owned city creche included display years consists traditional figures including infant jesus mary joseph angels shepherds kings animals ranging height present creche acquired cost city valued erection dismantling creche costs city per year nominal expenses incurred lighting creche money expended maintenance past years respondents pawtucket residents individual members rhode island affiliate american civil liberties union affiliate brought action district rhode island challenging city inclusion creche annual display district held city inclusion creche display violates establishment clause supp binding fourteenth amendment district found including creche christmas display city tried endorse promulgate religious beliefs erection creche real substantial effect affiliating city christian beliefs creche represents appearance official sponsorship believed confers remote incidental benefit christianity last although acknowledged absence administrative entanglement found excessive entanglement fostered result political divisiveness including creche celebration city permanently enjoined including creche display divided panel appeals first circuit affirmed granted certiorari reverse ii explained purpose establishment free exercise clauses first amendment prevent far possible intrusion either church state precincts lemon kurtzman total separation possible absolute sense relationship government religious organizations inevitable ibid sometimes described religion clauses erecting wall church state see everson board education concept wall separation useful figure speech probably deriving views thomas jefferson metaphor served reminder establishment clause forbids established church anything approaching metaphor wholly accurate description practical aspects relationship fact exists church state significant segment society institution within exist vacuum total absolute isolation parts much less government never thought either possible desirable enforce regime total separation committee public education religious liberty nyquist constitution require complete separation church state affirmatively mandates accommodation merely tolerance religions forbids hostility toward see zorach clauson illinois ex rel mccollum board education anything less require callous indifference said never intended establishment clause zorach supra indeed observed hostility bring us war national tradition embodied first amendment guaranty free exercise religion mccollum supra interpretation establishment clause comported history reveals contemporaneous understanding guarantees significant example contemporaneous understanding clause found events first week first session first congress week congress approved establishment clause part bill rights submission enacted legislation providing paid chaplains house senate marsh chambers noted members first congress delegates constitutional convention freedom speech press religion antagonism toward established church subjects frequent discussion saw conflict establishment clause nebraska employed members clergy official legislative chaplains give opening prayers sessions state legislature interpretation establishment clause congress takes special significance light emphasis first congress congress whose constitutional decisions always regarded regarded greatest weight interpretation fundamental instument myers unbroken history official acknowledgment three branches government role religion american life least seldom opinions affirmatively expressed justice douglas opinion validating program allowing release public school students classes attend religious exercises rejecting claim program violated establishment clause asserted pointedly religious people whose institutions presuppose zorach clauson supra history replete official references value invocation divine guidance deliberations pronouncements founding fathers contemporary leaders beginning early colonial period long independence day thanksgiving celebrated religious holiday give thanks bounties nature gifts god president washington successors proclaimed thanksgiving religious overtones day national celebration congress made national holiday century ago ch stat holiday lost theme expressing thanks divine aid christmas lost religious significance executive orders official announcements presidents congress proclaimed christmas thanksgiving national holidays religious terms acts congress long practice federal employees released duties national holidays paid public revenues provide compensation chaplains senate house military services see res stat thus clear government long recognized indeed subsidized holidays religious significance examples reference religious heritage found statutorily prescribed national motto god trust congress president mandated currency see ed language one nation god part pledge allegiance american flag pledge recited many thousands public school children adults every year art galleries supported public revenues display religious paintings centuries predominantly inspired one religious faith national gallery washington maintained government support example long exhibited masterpieces religious messages notably last supper paintings depicting birth christ crucifixion resurrection among many others explicit christian themes messages chamber oral arguments case heard decorated notable permanent seasonal symbol religion moses ten commandments congress long provided chapels capitol religious worship meditation countless illustrations government acknowledgment religious heritage governmental sponsorship graphic manifestations heritage congress directed president proclaim national day prayer year day people may turn god prayer meditation churches groups individuals presidents repeatedly issued proclamations presidential proclamations messages also issued commemorate jewish heritage week presidential proclamation cfr jewish high holy days weekly comp pres doc one look even brief resume without finding history pervaded expressions religious beliefs found zorach equally pervasive evidence accommodation faiths forms religious expression hostility toward none accommodation justice douglas observed governmental action follow ed best traditions respect ed religious nature people iii history may help explain consistently declined take rigid absolutist view establishment clause refused construe religion clauses literalness undermine ultimate constitutional objective illuminated history walz tax emphasis added modern complex society whose traditions constitutional underpinnings rest encourage diversity pluralism areas absolutist approach applying establishment clause simplistic uniformly rejected rather mechanically invalidating governmental conduct statutes confer benefits give special recognition religion general one faith absolutist approach dictate scrutinized challenged legislation official conduct determine whether reality establishes religion religious faith tends see walz supra joseph story wrote century half ago real object first amendment prevent national ecclesiastical establishment give hierarchy exclusive patronage national government story commentaries constitution process often found useful inquire whether challenged law conduct secular purpose whether principal primary effect advance inhibit religion whether creates excessive entanglement government religion lemon supra repeatedly emphasized unwillingness confined single test criterion sensitive area see tilton richardson nyquist two cases even apply lemon test example consider analysis relevant marsh chambers find lemon useful larson valente substantial evidence overt discrimination particular church case focus inquiry must creche context christmas season see stone graham per curiam abington school district schempp stone example invalidated state statute requiring posting copy ten commandments public classroom walls carefully pointed commandments posted purely religious admonition integrated school curriculum bible may constitutionally used appropriate study history civilization ethics comparative religion like similarly abington although struck practices two requiring daily bible readings public schools specifically noted nothing holding intended indicat study bible religion presented objectively part secular program education may effected consistently first amendment focus exclusively religious component activity inevitably lead invalidation establishment clause invalidated legislation governmental action ground secular purpose lacking concluded question statute activity motivated wholly religious considerations see stone graham supra epperson arkansas abington school district schempp supra engel vitale even benefits religion substantial everson board education board education allen walz supra tilton supra saw secular purpose conflict establishment clause cf larkin grendel den district inferred religious nature creche city secular purpose display rejected city claim reasons including creche essentially reasons sponsoring display whole district plainly erred focusing almost exclusively creche viewed proper context christmas holiday season apparent record insufficient evidence establish inclusion creche purposeful surreptitious effort express kind subtle governmental advocacy particular religious message pluralistic society variety motives purposes implicated city like congresses presidents however principally taken note significant historical religious event long celebrated western world creche display depicts historical origins traditional event long recognized national holiday see allen hickel app citizens concerned separation church state city county denver supp narrow question whether secular purpose pawtucket display creche display sponsored city celebrate holiday depict origins holiday legitimate secular purposes district inference drawn religious nature creche city secular purpose record clearly erroneous district found primary effect including creche confer substantial impermissible benefit religion general christian faith particular comparisons relative benefits religion different forms governmental support elusive difficult make conclude primary effect including creche advance religion violation establishment clause require view beneficial endorsement religion example expenditure large sums public money textbooks supplied throughout country students attending schools board education allen supra expenditure public funds transportation students schools everson board education supra federal grants college buildings institutions higher education combining secular religious education tilton richardson noncategorical grants colleges universities roemer board public works tax exemptions church properties sanctioned walz tax also require view endorsement religion sunday closing laws upheld mcgowan maryland release time program religious training zorach clauson legislative prayers upheld marsh chambers unable discern greater aid religion deriving inclusion creche benefits endorsements previously held violative establishment clause said legislative prayers marsh supra implied sunday closing laws mcgowan true city inclusion creche reason effect merely happens coincide harmonize tenets religions see mcgowan supra case differs significantly larkin grendel den supra mccollum religion substantially aided grendel den important governmental power licensing veto authority vested churches mccollum government made religious instruction available public school classrooms state used public school buildings teaching religion afford ed sectarian groups invaluable aid provid ing pupils religious classes use state compulsory public school machinery comparable benefit religion discernible dissent asserts observers may perceive city aligned christian faith including christian symbol display serves advance religion assume arguendo display advances religion sense precedents plainly contemplate occasion advancement religion result governmental action made abundantly clear however every law confers indirect remote incidental benefit upon religion reason alone constitutionally invalid nyquist see also widmar vincent whatever benefit one faith religion religions indirect remote incidental display creche advancement endorsement religion congressional executive recognition origins holiday christ mass exhibition literally hundreds religious paintings governmentally supported museums district found administrative entanglement religion state resulting city ownership use creche went hold political divisiveness engendered litigation coupled finding impermissible sectarian purpose effect persuaded excessive entanglement appeals expressly declined accept district finding inclusion creche caused political divisiveness along religious lines noted never held political divisiveness alone sufficient invalidate government conduct entanglement question kind degree case however reason disturb district finding absence administrative entanglement evidence contact church authorities concerning content design exhibit prior since pawtucket purchase creche expenditures maintenance creche necessary since city owns creche valued tangible material contributes de minimis many respects display requires far less ongoing interaction church state religious paintings public galleries nothing course like comprehensive discriminating continuing state surveillance enduring entanglement present lemon appeals correctly observed held political divisiveness alone serve invalidate otherwise permissible conduct decline hold today case involve direct subsidy schools colleges religious institutions hence inquiry potential political divisiveness even called mueller allen event apart litigation evidence political friction divisiveness creche history pawtucket christmas celebration district stated inclusion creche marked apparent dissension display calm history curiously went hold political divisiveness engendered lawsuit evidence excessive entanglement litigant act commencing lawsuit however create appearance divisiveness exploit evidence entanglement satisfied city secular purpose including creche city impermissibly advanced religion including creche create excessive entanglement religion government iv justice brennan describes creche event lies heart christian faith post creche like painting passive admittedly reminder origins christmas even traditional purely secular displays extant christmas without creche inevitably recall religious nature holiday display engenders friendly community spirit goodwill keeping season creche may well special meaning whose faith includes celebration religious masses none sense origins christmas celebration fail aware religious implications display brings people central city serves commercial interests benefits merchants employees dissent points determine character display prayer invoking divine guidance congress preceded followed debate partisan conflict taxes budgets national defense myriad mundane subjects example never thought demean taint sacredness invocation course creche identified one religious faith examples set prior cases found conflict establishment clause see mcgowan maryland marsh chambers ironic however inclusion single symbol particular historic religious event part celebration acknowledged western world centuries country people executive branch congress courts centuries taint city exhibit render violative establishment clause forbid use one passive symbol creche time people taking note season christmas hymns carols public schools public places congress legislatures open sessions prayers paid chaplains stilted overreaction contrary history holdings presence creche display violates establishment clause host forms taking official note christmas religious heritage equally offensive constitution acknowledged fears political problems gave rise religion clauses century far less concern today everson unable perceive archbishop canterbury bishop rome powerful religious leaders behind every public acknowledgment religious heritage long officially recognized three constitutional branches government notion symbols pose real danger establishment state church farfetched indeed alert constitutionally expressed opposition establishment religion shown numerous holdings striking statutes programs violative establishment clause see illinois ex rel mccollum board education epperson arkansas lemon kurtzman supra levitt committee public education religious liberty committee public education religious liberty nyquist meek pittenger stone graham recent example careful scrutiny found case invalidating municipal ordinance granting church virtual veto power licensing liquor establishments near church larkin grendel den taken together cases abundantly demonstrate concern protect genuine objectives establishment clause far late day impose crabbed reading clause country vi hold notwithstanding religious significance creche city pawtucket violated establishment clause first amendment accordingly judgment appeals reversed ordered footnotes day first amendment proposed congress urged president washington proclaim day public thanksgiving prayer observed acknowledging grateful hearts many signal favours almighty god see stokes pfeffer church state rev ed president washington proclaimed november day thanksgiving offe prayers supplications great lord ruler nations beseech pardon national transgressions richardson compilation messages papers presidents presidents adams madison also issued thanksgiving proclamations almost presidents see stokes church state incumbent see presidential proclamation cfr example found president roosevelt proclamation thanksgiving fitting give thanks special fervor heavenly father mercies received individually nation blessings restored victories arms allies children lands end may bear earnest witness gratitude almighty god suggest nationwide reading holy scriptures period thanksgiving day christmas presidential proclamation stat president reagan immediate predecessors issued similar proclamations see presidential proclamation cfr presidential proclamation cfr presidential proclamation cfr comp presidential proclamation cfr comp presidential proclamation cfr comp presidential proclamation cfr national gallery regularly exhibits similar religious paintings see presidential proclamation cfr presidential proclamation cfr presidential proclamation cfr comp presidential proclamation cfr comp presidential proclamation cfr comp presidential proclamation cfr city contends purposes display exclusively secular hold pawtucket secular purpose display lemon kurtzman requires test government must exclusively secular objectives much conduct legislation approved past invalidated justice brennan argues city objectives achieved without including creche display post true irrelevant question whether display creche violates establishment clause allen noted erhaps free books make likely children choose attend sectarian school everson acknowledged undoubtedly true children helped get church schools children might sent church schools parents compelled pay children bus fares pockets recognized tilton construction grants surely aid ed institutions received mcgowan maryland sunday closing laws sustained even though one undeniable effects render somewhat likely citizens respect religious institutions even attend religious services committee public education religious liberty nyquist justice brennan focusing holiday context nativity scene appear seeks explain away clear religious import creche post equated creche santa house reindeer post course true appeals viewed larson valente commanding strict scrutiny due city ownership creche considers discrimination christian religions correct require strict scrutiny statute practice patently discriminatory face unable see display part explicitly discriminatory sense contemplated larson justice concurring concur opinion write separately suggest clarification establishment clause doctrine suggested approach leads result case taken opinion read consistent analysis establishment clause prohibits government making adherence religion relevant way person standing political community government run afoul prohibition two principal ways one excessive entanglement religious institutions may interfere independence institutions give institutions access government governmental powers fully shared nonadherents religion foster creation political constituencies defined along religious lines larkin grendel den second direct infringement government endorsement disapproval religion endorsement sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community disapproval sends opposite message see generally abington school district schempp prior cases used test articulated lemon kurtzman guide detecting two forms unconstitutional government action never entirely clear however three parts test relate principles enshrined establishment clause focusing institutional entanglement endorsement disapproval religion clarifies lemon test analytical device ii case even district found institutional entanglement nevertheless respondents contend political divisiveness caused pawtucket display creche violates prong lemon test opinion follows suggestion mueller allen concludes inquiry potential political divisiveness even called case ante view political divisiveness along religious lines independent test constitutionality although several cases discussed political divisiveness entanglement prong lemon see committee public education religious liberty nyquist lemon kurtzman supra never relied divisiveness independent ground holding government practice unconstitutional guessing potential political divisiveness inherent government practice simply speculative enterprise part existence litigation case illustrates may affect political response government practice political divisiveness admittedly evil addressed establishment clause existence may evidence institutional entanglement excessive government practice perceived endorsement religion constitutional inquiry focus ultimately character government activity might cause divisiveness divisiveness entanglement prong lemon test properly limited institutional entanglement iii central issue case whether pawtucket endorsed christianity display creche answer question must examine pawtucket intended communicate displaying creche message city display actually conveyed purpose effect prongs lemon test represent two aspects meaning city action meaning statement audience depends intention speaker objective meaning statement community listeners need rely solely words discerning speaker intent judge intent example examining context statement asking questions speaker listeners seek access evidence intent rely instead words message actually conveyed may something actually intended audience large always government speaks word deed portion audience inevitably receive message determined objective content statement portion inevitably receive intended message examination subjective objective components message communicated government action therefore necessary determine whether action carries forbidden meaning purpose prong lemon test asks whether government actual purpose endorse disapprove religion effect prong asks whether irrespective government actual purpose practice review fact conveys message endorsement disapproval affirmative answer either question render challenged practice invalid purpose prong lemon test requires government activity secular purpose requirement satisfied however mere existence secular purpose however dominated religious purposes stone graham example held posting copies ten commandments schools violated purpose prong lemon test yet state plainly secular objectives instilling values ten commandments illustrating connection legal system see see also abington school district schempp proper inquiry purpose prong lemon submit whether government intends convey message endorsement disapproval religion applying formulation case find pawtucket intend convey message endorsement christianity disapproval religions evident purpose including creche larger display promotion religious content creche celebration public holiday traditional symbols celebration public holidays cultural significance even also religious aspects legitimate secular purpose district finding display creche secular purpose based erroneous reasoning district believed ascertain city purpose displaying creche separate apart general purpose setting display also found purpose suspect eyes city use unarguably religious symbol raises inference intent endorse viewed light correct legal principles district finding unlawful purpose clearly erroneous focusing evil government endorsement disapproval religion makes clear effect prong lemon test properly interpreted require invalidation government practice merely fact causes even primary effect advancement inhibition religion laws upheld walz tax tax exemption religious educational charitable organizations mcgowan maryland mandatory sunday closing law zorach clauson released time school religious instruction effects violate establishment clause crucial government practice effect communicating message government endorsement disapproval religion practices effect whether intentionally unintentionally make religion relevant reality public perception status political community pawtucket display creche believe communicate message government intends endorse christian beliefs represented creche although religious indeed sectarian significance creche district found neutralized setting overall holiday setting changes viewers may fairly understand purpose display typical museum setting though neutralizing religious content religious painting negates message endorsement content display celebrates public holiday one contends declaration holiday understood endorsement religion holiday strong secular components traditions government celebration holiday extremely common generally understood endorse religious content holiday government celebration thanksgiving understood creche traditional symbol holiday commonly displayed along purely secular symbols pawtucket features combine make government display creche particular physical setting endorsement religion governmental acknowledgements religion legislative prayers type approved marsh chambers government declaration thanksgiving public holiday printing god trust coins opening sessions god save honorable government acknowledgments religion serve ways reasonably possible culture legitimate secular purposes solemnizing public occasions expressing confidence future encouraging recognition worthy appreciation society reason history ubiquity practices understood conveying government approval particular religious beliefs display creche likewise serves secular purpose celebration public holiday traditional symbols fairly understood convey message government endorsement religion significant regard creche display apparently caused political divisiveness prior filing lawsuit although pawtucket incorporated creche annual christmas display years reasons conclude pawtucket display creche effect communicating endorsement christianity district subsidiary findings effect test consistent conclusion found facts creche religious content seen insignificant part display religious content neutralized setting display celebratory instructional city seek counteract possible religious message findings imply creche communicates government approval christianity district also found however government understood place imprimatur religious content creche whether government activity communicates endorsement religion question simple historical fact although evidentiary submissions may help answer question like question whether racial classifications communicate invidious message large part legal question answered basis judicial interpretation social facts district conclusion concerning effect pawtucket display creche error matter law iv every government practice must judged unique circumstances determine whether constitutes endorsement disapproval religion making determination courts must keep mind fundamental place held establishment clause constitutional scheme myriad subtle ways establishment clause values eroded government practices purport celebrate acknowledge events religious significance must subjected careful judicial scrutiny city pawtucket alleged violated establishment clause endorsing christian beliefs represented creche included christmas display giving challenged practice careful scrutiny deserves say particular creche display issue case intended endorse effect endorsing christianity agree judgment must reversed wrote lemon kurtzman statute must pass three tests withstand establishment clause challenge first statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally statute must foster excessive government entanglement religion citations omitted though phrased uniformly applicable test constitutionality test provides helpful signpos dealing establishment clause challenges mueller allen quoting hunt mcnair moreover held statute practice plainly embodies intentional discrimination among religions must closely fitted compelling state purpose order survive constitutional challenge see larson valente opinion observes ante case involve discrimination larson standard believe may assimilated lemon test clarified version propose plain intentional discrimination give rise presumption may overcome showing compelling purpose close fit challenged government conduct constitutes endorsement favored religion disapproval disfavored justice brennan justice marshall justice blackmun justice stevens join dissenting principles announced compact phrases religion clauses today reminds us ante proved difficult apply faced uncertainty properly looks guidance settled test announced lemon kurtzman assessing whether challenged governmental practice involves impermissible step toward establishment religion ante applying test case reaches essentially narrow result turns largely upon particular holiday context city pawtucket nativity scene appeared decision implicitly leaves open questions concerning constitutionality public display public property creche standing alone public display distinctively religious symbols cross despite narrow contours opinion precedents view compel holding pawtucket inclusion display depicting biblical description birth christ part annual christmas celebration unconstitutional nothing history practices setting city creche presented obscures diminishes plain fact pawtucket action amounts impermissible governmental endorsement particular faith last term expressed hope decision marsh chambers prove single aberrant departure settled method analyzing establishment clause cases brennan dissenting today returns settled analysis prior cases gratifies hope time application lemon test suggests commitment standards may superficial reviewing opinion convinced case appears hard principles decision obscure christmas holiday seems familiar agreeable although reluctance disturb community chosen method celebrating agreeable holiday understandable justify departure controlling precedent view pawtucket maintenance display public expense symbol distinctively sectarian creche simply squared prior cases plainly contrary purposes values establishment clause pretend otherwise secular setting pawtucket nativity scene dilutes fashion creche singular religiosity city annual display reflects nothing acknowledgment shared national heritage neither character christmas holiday heritage religious expression supports result indeed remarkable precious religious diversity nation see torcaso watkins abington school dist schempp brennan concurring establishment clause seeks protect runs directly counter today decision sought meet new problems arising establishment clause decisions exceptions demanded challenged governmental practice satisfy following criteria first practice must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally must foster excessive government entanglement religion lemon kurtzman citations omitted applying test pawtucket creche persuaded city inclusion creche christmas display simply reflect clearly secular purpose nyquist supra unlike typical case record reveals contemporaneous expression clear purpose advance religion see epperson arkansas supra engel vitale supra conversely clear secular purpose see lemon kurtzman supra wolman walter explicit statement purpose pawtucket municipal government accompanying decision purchase display maintain creche governmental purpose may nevertheless inferred instance stone graham per curiam found despite state avowed purpose reminding schoolchildren secular application commands decalogue preeminent purpose posting ten commandments schoolroom walls plainly religious nature present case city claims purposes exclusively secular pawtucket sought according view participate celebration national holiday attract people downtown area order promote retail sales help engender spirit goodwill neighborliness commonly associated christmas season brief petitioners despite assertions two compelling aspects case indicate generally prudent reluctance attribute unconstitutional motives governmental body mueller allen overcome first true larkin grendel den pawtucket valid secular objectives readily accomplished means plainly city interest celebrating holiday promoting retail sales goodwill fully served elaborate display santa claus reindeer wishing wells already part pawtucket annual christmas display importantly nativity scene unlike every element hodgson park display reflects sectarian exclusivity avowed purposes celebrating holiday season promoting retail commerce simply encompass found constitutional pawtucket seasonal celebration must least nondenominational serve promote religion inclusion distinctively religious element like creche however demonstrates narrower sectarian purpose lay behind decision include nativity scene creche retained religious character people municipal government pawtucket suggested mayor testimony trial stated well others city effort eliminate nativity scene pawtucket christmas celebration step towards establishing another religion may app plainly city leaders understood inclusion creche display serve wholly religious purpose keep ing christ christmas supp ri record therefore impossible say kind confidence possible mcgowan maryland wholly secular goal predominates primary effect including nativity scene city display district found place government imprimatur approval particular religious beliefs exemplified creche believe message nativity receive unique exclusive benefit public recognition approval views many city decision include creche part extensive costly efforts celebrate christmas mean prestige government conferred beliefs associated creche thereby providing significant symbolic benefit religion larkin grendel den supra effect minority religious groups well may reject religion convey message views similarly worthy public recognition entitled public support precisely sort religious chauvinism establishment clause intended forever prohibit case engel vitale hen power prestige financial support government placed behind particular religious belief indirect coercive pressure upon religious minorities conform prevailing officially approved religion plain decision widmar vincent rests upon principle noted state university policy equal access secular religious groups confer imprimatur state approval religious groups permitted use facilities broad spectrum groups served evidence religious groups dominate forum contrast pawtucket owns creche instead extending similar attention broad spectrum religious secular groups singled christianity special treatment finally evident pawtucket inclusion creche part annual christmas display pose significant threat fostering excessive entanglement notes ante district found administrative entanglement case primarily city able administer annual display without extensive consultation religious officials see course reason disturb finding worth noting today decision administrative entanglements may well develop jews groups prompted perhaps mayor remark include menorah future displays expected press government inclusion symbols faced requests government become involved accommodating various demands cf committee public education religious liberty nyquist competing efforts religious groups gain maintain support government may occasio considerable civil strife importantly although political divisiveness apparent pawtucket prior filing respondents lawsuit act district found unleashed powerful emotional reactions divided city along religious lines fact calm prevailed prior suit immediately suggest absence division point district observed quiescence opposed creche may reflected nothing sense futility opposing majority course correct note never held potential divisiveness alone sufficient invalidate challenged governmental practice nevertheless repeatedly emphasized close proximity religious civil authorities schempp brennan concurring may represent warning signal values embodied establishment clause risk committee public education religious liberty nyquist supra furthermore blind fact communities differ religious composition controversy whether local governments may adopt religious symbols continue fester many communities groups expected combat practices similar pawtucket especially areas substantial minorities sum considering district careful findings fact analysis called prior cases difficulty concluding pawtucket display creche unconstitutional advances two principal arguments support conclusion pawtucket creche satisfies lemon test neither persuasive first focusing holiday context nativity scene appeared seeks explain away clear religious import creche findings district observers understood creche symbol christian beliefs symbol city support beliefs see ante see also ante concurring thus although concedes city inclusion nativity scene plainly serves depict origins christmas significant historical religious event ante creche identified one religious faith ante nevertheless expected believe pawtucket use creche signal city support sectarian symbolism nativity scene evokes effect creche course must gauged inherent religious significance also overall setting appears blinks reality claim including distinctively religious object creche christmas display pawtucket done make use traditional symbol holiday thereby purged creche religious content conferred incidental indirect benefit religion struggle ignore clear religious effect creche seems misguided several reasons first place city positioned creche central highly visible location within hodgson park display district findings regard unambiguous espite small amount ground covered creche viewers regard creche insignificant part display almost life sized tableau marked white picket fence furthermore location lends creche significance creche faces roosevelt avenue bus stops access stairs bulk display placed moreover creche near two enticing parts display children santa house talking wishing well although recognizes one see creche possible vantage points clear city photos people standing two bus shelters looking display see creche centrally prominently positioned citations omitted omitted third consistently acknowledged otherwise secular setting alone suffice justify governmental practice effect aiding religion hunt mcnair instance observed id normally may thought primary effect advancing religion supports specifically religious activity otherwise substantially secular setting demonstrably secular context public education therefore save challenged practice school prayer engel schempp similarly tilton richardson despite generally secular thrust financing legislation review unanimously struck aspect program permitted institutions eventually assume total control use buildings constructed federal aid finally importantly even context pawtucket seasonal celebration creche retains specifically christian religious meaning refuse accept notion implicit today decision find religious content creche eliminated fact appears part city otherwise secular celebration christmas holiday nativity scene clearly distinct purpose effect rest hodgson park display simple reason one rooted biblical account christ birth chief symbol characteristically christian belief divine savior brought world purpose miraculous birth illuminate path toward salvation redemption christians path exclusive precious holy share beliefs symbolic reenactment birth divine miraculously incarnated man stands dramatic reminder differences christian faith government appears sponsor religiously inspired views say practice separate indisputably marked religious function may fairly viewed reflect ing neutral posture toward religious institutions nyquist quoting everson excluded religious grounds one elected government insult injury today countenanced establishment clause second also attempts justify creche entertaining beguilingly simple yet faulty syllogism begins noting government may recognize christmas day public holiday asserts creche nothing traditional element christmas celebrations concludes inclusion creche part government annual christmas celebration constitutionally permissible see ante see also ante concurring apparently believes finds designation christmas public holiday constitutionally acceptable free conclude virtually every form governmental association celebration holiday also constitutional vice dangerously superficial argument overlooks fact christmas holiday national culture contains secular sectarian elements say government may recognize holiday traditional secular elements public festivities community spirit mean government may indiscriminately embrace distinctively sectarian aspects holiday indeed eagerness approve creche advanced rationale simplistic appear allow mayor pawtucket participate celebration christmas mass since another unobjectionable way city celebrate holiday demonstrated logic fundamentally flawed obscures reason public designation christmas day holiday constitutionally acceptable blurs distinction secular aspects christmas distinctively religious character exemplified creche government decides recognize christmas day public holiday accommodate calendar public activities plain fact many americans expect day spend time visiting families attending religious services perhaps enjoying respite preholiday activities free exercise clause course necessarily compel government provide accommodation neither establishment clause offended step cf zorach clauson clear celebration christmas secular sectarian elements may well taking note holiday government simply seeking serve kinds wholly secular goals instance promoting goodwill common day rest found justify sunday closing laws mcgowan maryland public officials go participate secular celebration christmas example decorating public places secular images wreaths garlands santa claus figures move closer limits constitutional power nevertheless remain within boundaries set establishment clause officials participate appear endorse distinctively religious elements otherwise secular event encroach upon first amendment freedoms point government brings forefront theological content holiday places prestige power financial support civil authority service particular faith inclusion creche pawtucket otherwise secular celebration christmas clearly violates principles unlike secular figures santa claus reindeer carolers nativity scene represents far mere traditional symbol christmas essence creche symbolic purpose effect prompt observer experience sense simple awe wonder appropriate contemplation one central elements christian dogma god sent son world messiah contrary suggestion creche far mere representation particular historic religious event ante instead best understood mystical event lies heart christian faith suggest symbol merely traditional therefore different santa house reindeer offensive creche profound significance insulting insist religious personal reasons story christ sense part history unavoidable element national heritage reasons creche context simply viewed playing role ordinary museum display see ante seems assume prohibiting pawtucket displaying creche tantamount prohibiting state college including bible milton paradise lost course english literature cases religiously inspired materials considered solely literature purpose plainly single particular religious beliefs may inspired authors see writings outlines larger imaginative universe shared forms literary expression may said course devoted study art course turns gothic architecture emphasis religious beliefs cathedrals exalt rather upon aesthetic consequences religious thought case contrast creche plays comparable secular role unlike poetry paradise lost students literature course seek appreciate primarily esthetic historical reasons angels shepherds magi infant pawtucket nativity scene viewed symbols particular set religious beliefs another matter creche displayed museum setting company religiously inspired artifacts example among many symbolic representation religious myths setting objective guarantees creche suggest particular faith singled public favor recognition effect pawtucket creche however confined limiting attributes absence religious symbols neutral disclaimer inescapable effect creche remind average observer religious roots celebration witnessing call mind scriptural message nativity symbolizes fact pawtucket gone trouble making elaborate public celebration including creche otherwise secular setting inevitably serves reinforce sense city means express solidarity christian message creche dismiss faiths unworthy similar attention support ii although relaxed application lemon test pawtucket creche regrettable least understandable properly limited particular facts case opinion however also sounds broader troubling theme invoking celebration thanksgiving public holiday legend god trust coins proclamation god save honorable opening judicial sessions asserts without explanation pawtucket inclusion creche annual christmas display poses threat establishment clause values official acknowledgments religion ante see also ante concurring intuition tells us official acknowledgment inevitable religious society government adopt stilted indifference religious life people see illinois ex rel mccollum board education jackson concurring equally true however government remain scrupulously neutral matters religious conscience constitution requires must avoid overly broad acknowledgements religious practices may imply governmental favoritism toward one set religious beliefs mean course public officials may take account necessary separate existence significance religious institutions practices society govern government choose incorporate arguably religious element public ceremonies acknowledgment must impartial must tend promote one faith handicap another sponsor religion generally nonreligion thus series decisions concerned acknowledgments repeatedly held active form public acknowledgment religion indicating sponsorship endorsement forbidden stone graham posting ten commandments schoolroom epperson arkansas prohibition teaching principles darwinian evolution abington school dist schempp mandatory beginning school day engel vitale mandatory reading prayer illinois ex rel mccollum board education supra use facilities religious instruction despite body case law never comprehensively addressed extent government may acknowledge religion example incorporating religious references public ceremonies proclamations presume offer comprehensive approach nevertheless appears prior decisions least three principles tracing narrow channels government acknowledgments must follow satisfy establishment clause may identified first although government may compelled free exercise clause may consistently establishment clause act accommodate extent opportunities individuals practice religion see schempp supra brennan concurring essential meaning submit decision zorach clauson finding government violate establishment clause simply chooses close doors suspend operations want repair religious sanctuary worship instruction principle justify government decision declare december public holiday see supra second cases recognize particular governmental practice may derived religious motivations retain certain religious connotations nonetheless permissible government pursue practice continued today solely secular reasons noted reference sunday closing laws mcgowan maryland mere fact governmental practice coincides extent certain religious beliefs render unconstitutional thanksgiving day view fits easily within principle despite religious antecedents current practice celebrating thanksgiving unquestionably secular patriotic may gather families day give thanks personal national good fortune free given secular character holiday address gratitude either divine beneficence mundane sources good luck country abundant natural wealth finally noted government completely prohibited recognizing public actions religious beliefs practices american people aspect national history culture see engel vitale supra schempp supra brennan concurring remain uncertain questions suggest practices designation god trust national motto references god contained pledge allegiance flag best understood dean rostow apt phrase form ceremonial deism protected establishment clause scrutiny chiefly lost rote repetition significant religious content see marsh chambers brennan dissenting moreover references uniquely suited serve wholly secular purposes solemnizing public occasions inspiring commitment meet national challenge manner simply fully served culture government limited purely nonreligious phrases cf schempp supra brennan concurring practices government long acknowledged religion therefore probably necessary serve certain secular functions necessity coupled long history gives practices essentially secular meaning creche fits none categories inclusion creche necessary accommodate individual religious expression plainly case individual residents pawtucket claimed right place creche part wholly private display public land cf widmar vincent mccreary stone supp sdny inclusion creche necessary serve wholly secular goals clear city secular purposes celebrating christmas holiday promoting retail commerce fully served without creche cf mcgowan maryland supra creche unique association christianity clearly sectarian references god accept ceremonial phrases contexts assure neutrality religious works display national gallery presidential references god inaugural address national motto present risk establishing religion sure understanding expressions may begin contemplation religious element end message dominantly secular contrast message creche begins ends reverence particular image divine insisting distinctively sectarian message merely unobjectionable part religious heritage see ante takes long step backwards days justice brewer arrogantly declare christian nation church holy trinity days thought forever put behind us decision engel vitale rejected similar argument advanced state new york regent prayer simply acceptable part spiritual heritage iii american historical experience concerning public celebration christmas carefully examined provides support decision opening sections opinion seeking rely historical evidence recognize obvious strong religious currents run history inflexible absolutistic enforcement establishment clause imprudent impossible see ante observation uncontroversial unilluminating simply enumerating various ways federal government recognized vital role religion plays society nothing help decide question presented case indeed approach suggests fundamental misapprehension proper uses history constitutional interpretation certainly decisions reflect fact awareness historical practice often provide useful guide interpreting abstract language establishment clause see walz tax mcgowan maryland engel historical acceptance particular practice alone never sufficient justify challenged governmental action since rightly observed one acquires vested protected right violation constitution long use even span time covers entire national existence indeed predates walz supra see also committee public education religious liberty nyquist attention details history blind us cardinal purposes establishment clause limit central inquiry cases whether challenged practices threaten consequences framers deeply feared abington school dist schempp brennan concurring recognition fact today consistently limited historical inquiry particular practice review mcgowan instance carefully canvassed entire history sunday closing laws colonial period modern times basis analysis concluded laws rooted religious motivations current purpose serve wholly secular goal providing uniform day rest citizens inquiry walz similarly confined special history practice review found pattern undeviating acceptance entire course nation history according exemptions religious organizations pattern supported finding practice violate religion clauses finally direct inquiry framers intent reveals first amendment understood prohibit particular practice found understanding compelling thus marsh chambers marshaling historical evidence indicated first congress authorized appointment paid chaplains proceedings three days reached agreement final wording bill rights concluded basis unique history practice opening legislative sessions prayer constitutional although invoking decisions support result wholly fails discuss history public celebration christmas use publicly displayed nativity scenes instead simply asserts without historical analysis support whatsoever familiar celebration christmas springs unbroken history acknowledgment people executive branch congress courts centuries ante complete failure offer explanation assertion perhaps understandable however historical record points precisely opposite direction two features history worth noting first time adoption constitution bill rights settled pattern celebrating christmas either purely religious holiday public event second historical evidence offers uniform pattern widespread acceptance holiday indeed suggests development christmas public holiday comparatively recent phenomenon intent framers respect public display nativity scenes virtually impossible discern primarily widespread celebration christmas emerge present form well century carrying puritan hostility celebration christ birth new world founders massachusetts bay colony pursued vigilant policy opposition public celebration holiday puritans celebration christmas represented popish practice lacking foundation scripture opposition took legal form massachusetts bay colony made observance christmas day abstinence labor feasting way offense punishable fine although colony eventually repealed ban puritan objection remained firm century sectarian division celebration holiday continued increasing numbers members anglican dutch german reformed churches arrived practice celebrating christmas purely religious holiday grew denominational differences continued dictate differences attitude toward holiday american anglicans carried church england acceptance holiday roman catholics various german groups made celebration christmas vital part religious life contrast many nonconforming protestant groups including presbyterians congregationalists baptists methodists continued regard holiday suspicion antagonism well century pattern sectarian division concerning holiday suggests framers establishment clause acutely sensitive sectarian controversies single view government approach celebration christmas possible many religious sects devotedly opposed celebration christmas purely religious grounds also vocal dedicated foes established religions period prior revolutionary war puritans later presbyterians baptists methodists generally associated celebration christmas elaborate view sacrilegious celebration holiday church england also sinister theology popery eyes dissenting religious sects therefore groups closely associated established religion churches england rome also closely linked profane practice publicly celebrating christmas authored bill rights seems reasonable suppose public celebration christmas regarded least sensitive matter deeply controversial repeatedly observed religion clauses intended ensure benign regime competitive disorder among denominations sect free vie others allegiance followers without state interference see everson board education historical record contrary uninformed assumption suggests least conflicting views toward celebration christmas important element competition time adoption constitution furthermore unlike religious tax exemptions upheld walz public display nativity scenes part governmental celebrations christmas come us supported unbroken history widespread acceptance state first granted legal recognition christmas public holiday followed period jurisdictions included christmas day legal holiday congress follow lead established december along fourth july new year day thanksgiving legal holiday district columbia pattern legal recognition tells us public acceptance holiday gradual practice stark contrast record presented either walz marsh take character widely recognized holiday middle century historical evidence respect public financing support governmental displays nativity scenes even difficult gauge known suggests german immigrants settled pennsylvania early century presumably drawing upon european traditions probably first introduce nativity scenes american celebration christmas also appears likely practice expanded roman catholic immigrants settled century modest beginnings familiar creche scene developed gained wider recognition late century simply impossible tell however whether practice ever gained widespread acceptance much less official endorsement century sum evidence whatsoever framers expressly approved federal celebration christmas holiday including public displays nativity scene accordingly repeated invocation decision marsh see ante baffling utterly irrelevant suggestion publicly financed supported displays christmas creches supported record widespread undeviating acceptance extends throughout history therefore prior decisions relied upon concrete specific historical evidence support particular practice simply bearing question presented case contrary today careless decision prior cases recognized illumination provided history must always focused particular practice issue given case without guiding principle intellectual discipline imposes sea free select random elements america varied history solely suit views five members iv constitutional scheme role safeguarding religious heritage promoting religious beliefs reserved exclusive prerogative nation churches religious institutions spiritual leaders framers establishment clause understood religion personal sacred holy permit unhallowed perversion civil authorities engel vitale clause demands government play role effort today brushes aside concerns insisting pawtucket done nothing include traditional symbol christmas celebration national holiday thereby muting religious content creche ante city action recognized coercive though perhaps small step toward establishing sectarian preferences majority expense minority accomplished placing public facilities funds support religious symbolism theological tidings creche conveys justice frankfurter writing mcgowan maryland observed establishment clause withdr aws sphere legitimate legislative concern competence specific comprehensive area human conduct man belief disbelief verity transcendental idea man expression action belief disbelief separate opinion constitution sets realm thought feeling apart pressures antagonisms government one achievements regrettably today tarnishes achievement dissent instance nothing opinion suggests appeals third circuit erred found platform cross used pope john paul ii celebrate mass deliver sermon visit philadelphia unconstitutional expenditure city funds gilfillan city philadelphia provide basis disputing holding appeals eleventh circuit erection maintenance illuminated latin cross state park property violates establishment clause american civil liberties union georgia rabun county chamber commerce see also fox city los angeles cal lowe city eugene given focus upon otherwise secular setting pawtucket creche remains uncertain whether absent secular symbols santa claus house talking wishing well cutout clowns bears similar nativity scene pass muster standard cf mccreary stone supp sdny holding village violate establishment clause refusing permit private group erect creche public park although agree single formula ever fully capture analysis may necessary resolve difficult establishment clause problems see infra fail understand insistence upon referring settled test set forth lemon simply one path may followed option see ante citation tilton richardson committee public education religious liberty nyquist support assertion meaningless decisions applied lemon test indeed ever since initial formulation lemon test consistently looked upon fundamental tool establishment clause analysis nyquist described test mandatory terms taken together decisions dictate pass muster establishment clause law question must satisfy three elements lemon test last term larkin grendel den chief justice speaking wrote consistently held statute must satisfy three criteria set forth lemon pass muster establishment clause see also stone graham per curiam wolman walter addition citation larson valente also fails support assertion larson first reviewed state law granting denominational preference strict scrutiny analysis concluded finding statute unconstitutional lemon analysis well thus despite efforts evade point fact remains marsh chambers case applied either lemon strict scrutiny analysis conclude today unsupported assertion hopes provide belated excuse failure marsh address analysis lemon test see larkin grendel den supra widmar vincent wolman walter walz tax justice concurring opinion rightly observes test provides helpful analytical tool considering central question posed case whether pawtucket run afoul establishment clause endorsing religion display creche ante find puzzling say least today find irrelevant ante fact city secular objectives readily fully accomplished without including creche since last term larkin grendel den relied upon precisely point striking massachusetts statute vested church governing bodies power veto applications liquor licenses seems willing alter analysis term term order suit preferred results several representatives pawtucket business community testified although overall christmas display played important role promoting downtown holiday trade display serve purpose equally well even creche removed app mayor also testified nativity scene eliminated city continue erect annual display without district also admitted evidence without objection petitioners considerable amount correspondence received mayor lynch support maintaining creche city christmas display one letter appears representative views many congratulates mayor efforts keep christ christmas app district findings concerning meaning letters see supp ri overall tenor correspondence lawsuit represents attack presence religion part community life attempt deny majority ability express publically beliefs desired traditionally accepted way furthermore district found city accepted implemented view predominantly christian citizens good thing creche christmas display good thing keep christ christmas regard views expressed california considering similar issue particularly relevant city openly promotes religious meaning one religion holidays benefit reaped religion disadvantage suffered religions obvious persons share holidays relegated status outsiders government persons observe holidays take pleasure seeing symbol belief given official sanction special status fox city los angeles cal striking unconstitutional erection illuminated cross front city hall see also lowe city eugene see app suggestion mueller allen relied upon today see ante ante concurring inquiry potential political divisiveness unnecessary absent direct subsidies schools colleges derives distorted reading prior cases simply lemon case involving subsidies inquired potential divisiveness distinguishing everson allen cases involving subsidies provide authority proposition lemon meant confine divisiveness inquiry cases factually identical lemon indeed walz considered question divisiveness context state tax exemptions religious institutions agree however justice helpful suggestion political divisiveness evil addressed establishment clause ultimate inquiry must always focus character government activity might cause divisiveness ante said also emphasize disagree fundamentally justice apparent conclusion pawtucket inclusion creche kind governmental act may engender sharp division along religious lines contrary demonstrated history case similar issues relating governmental endorsement religious symbols engendered continuing controversy reached courts many occasions see american civil liberties union georgia rabun county chamber commerce florey sioux falls school allen morton app allen hickel app mccreary stone supp sdny citizens concerned separation church state denver supp russell mamaroneck supp sdny lawrence buchmueller misc sup given narrowness decision today see supra potential controversy unlikely abate makes halfhearted attempt see ante grapple fact judge pettine detailed findings may overturned unless shown clearly erroneous fed rule civ proc see swint view petitioners made showing case justice concurring opinion properly accords greater respect district findings loss understand specific finding city understood placed stamp approval sectarian content creche face lemon test dismissed simply error matter law ante moreover although brushes point aside little explanation see ante lemon decision analysis available standard review appeals recognized strict scrutiny analysis adopted larson valente addresses situations governmental policy practice grants official preference one religious denomination another inclined agree appeals pawtucket practice fails test necessary address point view conclusion city inclusion creche violates standards fixed lemon furthermore continue believe test set forth schempp appropriate means determining whether rights guaranteed establishment clause infringed view involvements religious secular institutions serve essentially religious activities religious institutions employ organs government essentially religious purposes use essentially religious means serve governmental ends secular means suffice must struck present case particularly believe third element test met since pawtucket governmental goals celebrating holiday season promoting commerce fully realized without use creche employing wholly secular means santa claus reindeer cutout figures see supra indeed cases state financing schemes review almost always require us focus specific element may violate establishment clause even though part complex otherwise secular statutory framework see meek pittenger wolman walter see also committee public education religious liberty regan blackmun dissenting see brown birth messiah auld christmas traditions mcarthur evolution christian year christians course essential message nativity god became incarnate person christ fundamental jewish thought belief god god jews believe jews pledged unite human substance earth buber israel world reprinted talmage disputation dialogue readings encounter emphasis deleted distinction according buber constitute ultimate division judaism christianity see also reuther faith fratricide similarly follow tenets unitarianism might well find pawtucket support symbolism creche highlights trinitarian tradition christian faith affront belief single divine see williams americans believe worship ed see also olmstead history religion district appeals recognized christmas comprises secular sectarian elements distinction constitutional importance see bownes concurring addition many observers explained historically christmas celebration derives traditional folk elements winter seasonal celebrations well christian religious elements see barnett american christmas study national culture hereafter barnett meyers celebrations complete book american holidays rosenthal rosenthal christmas worth noting christmas shares list federal holidays patently secular patriotic holidays fourth july memorial day washington birthday labor day veterans day see may reasonably infer distinctly secular character company christmas keeps list included essentially secular reasons see auld christmas traditions mcarthur evolution christian year one commentator observed today course admitted even catholic exegetes biblical stories recounting christ birth collection largely uncertain mutually contradictory strongly legendary ultimately theologically motivated narratives character unlike rest jesus life dream happenings angels constantly enter scene leave heavenly messengers god announcing important events kung christian quinn omitted see also brown birth messiah elliott birth background jesus nazareth history today many christian commentators voiced strong objections consider debasement trivialization christmas close connection commercial public celebrations see kelley beyond separation church state church state see generally barnett see stokes pfeffer church state rev ed morgan religion barnett discussing opposition jews religious groups public celebrations christmas see also talmage supra see frye secular scripture von simson gothic cathedral see also panofsky meaning visual arts compare justice jackson explanation view study religiously inspired material correct setting made part secular educational program usic without sacred music architecture minus cathedral painting without scriptural themes eccentric incomplete even secular point view illinois ex rel mccollum board education concurring opinion constitutional problems posed religious antecedents early thanksgiving celebrations well recognized thomas jefferson refusing establishment clause grounds declare national days thanksgiving fasting jefferson explained consider government interdicted constitution intermeddling religious institutions doctrines disciplines exercises proposed recommend prescribe day fasting prayer believe interest religion invite civil magistrate direct exercises discipline doctrines fasting prayer religious exercises enjoining act discipline jefferson writings emphasis deleted see generally pfeffer church state freedom sutherland book review ind quoting dean rostow meiklejohn lecture delivered brown university insistence upon pursuing vague historical analysis especially baffling since even petitioners supporting amici concede historical evidence equivalent relied upon marsh mcgowan walz supports publicly sponsored christmas displays oral argument counsel petitioners asked whether anything refer let us know long practice country public bodies nativity scenes displayed counsel responded specifically recognition christmas public holiday began middle part last century specifically respect use nativity scene unable locate data tr oral arg addition solicitor general appearing amicus support petitioners asked evidence intent framers respect display nativity scene responded degree specificity see cobb rise religious liberty america rev ed example notorious puritan antipathy holiday consider remarks judge sewell puritan expressed concerns influence public celebration christmas somehow observe day vexed believe body people profane blessed god authority yet compel keep quoted barnett see generally barnett sweet christmas american history chi theol sem register meyers celebrations complete book american holidays indication denominational opposition religious celebration christmas gleaned following account christmas services new york daily times december churches presbyterians baptists methodists open except mission schools celebration accept day holy one episcopalian catholic german churches open inside decked evergreens quoted barnett addition consider account written henry ward beecher congregationalist describing new england childhood christmas foreign day shall die boy wondered christmas knew time episcopal church town saw dressing evergreens little later understood romish institution kept romish church brought strictest state new england brought literal style worship passed youth without knowledge christmas associations day quoted meyers supra role religious groups struggle disestablishment place history establishment clause already chronicled length cases therefore repeat history see everson board education engel vitale committee public education religious liberty nyquist comprehensive discussions efforts denominations bring disestablishment see cobb rise religious liberty america rev ed bailyn ideological origins american revolution mcloughlin new england dissent pfeffer church state freedom see barnett compilation developments see ch stat suggestion brief congressional discussion concerning decision declare christmas day public holiday district columbia congress meant anything put district equal footing many declared days public holidays time see cong globe significantly congress provided holiday payment federal employees december see res stat see barnett meyers supra symbol creche artifact christmas celebration apparently owes origins francis assisi according accounts first popularized ritual birth christ erecting manger attended townspeople played roles shepherds magi village greccio italy see auld christmas traditions krythe christmas one commentator noted increasing secularization christmas celebration occurred century led members puritan evangelical churches less inclined oppose secular celebration longer symbolized religious political dominance church england tolerance increased nineteenth century undoubtedly encouraged popularity celebration christmas barnett see also justice blackmun justice stevens joins dissenting justice brennan points logic decision lemon kurtzman chief justice say applied often ante justice acknowledges words prior cases used test articulated lemon ante compels affirmance case guidelines mean anything presence pawtucket creche municipally sponsored display must held violation first amendment resolution controversy make light precedents also ironically majority injustice creche message manifests certain persons including mayor pawtucket undertook crusade keep christ christmas app today declared presence virtually irrelevant majority urges display without creche recall religious nature holiday engenders friendly community spirit goodwill keeping season ante district expert witness city made similar though perhaps candid point stating pawtucket display invites people participate christmas spirit brotherhood peace let loose money see supp ri creche relegated role neutral harbinger holiday season useful commercial purposes devoid inherent meaning incapable enhancing religious tenor display integral part city victory pyrrhic one indeed import decision encourage use creche municipally sponsored display setting christians feel constrained acknowledging symbolic meaning feel alienated presence surely misuse sacred symbol join denying either force precedents sacred message core creche dissent join justice brennan opinion