Thursday, November 7, 2013

County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter case brief

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

CASE SYNOPSIS
Petitioners challenged a judgment of the United States Court of Appeals for the Third Circuit (Pennsylvania) that restricted the display of a creche and a Chanukah menorah in an action where respondents alleged that the displays on government property violated theEstablishment Clause, U.S. Constitutional Amendment I.

CASE FACTS
Respondents alleged that the display of a creche and a Chanukah menorah in government buildings by petitioners violated the Establishment Clause, U.S. Constitutional Amendment I. Respondents contended that the displays had the effect of endorsing religion.

DISCUSSION
The Court examined whether the display of the creche and the menorah, in their respective particular settings, had the effect of endorsing or disapproving religious beliefs. The Court held that petitioners sent an unmistakable message that it supported and promoted the Christian praise to God that was the creche's religious message, and therefore held that the display of the creche was unconstitutional. The Court held that the display of the menorah in its particular setting was a visual symbol for a holiday with a secular dimension. The injunction against the display of the menorah was reversed.

CONCLUSION

Affirmed the injunction for the respondents that the display of the creche had an unconstitutional effect but reversed judgment regarding the menorah display holding that petitioners could display the menorah because the display in its particular physical setting was a visual symbol for a holiday with a secular dimension.

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