|
''County of Allegheny v. American Civil Liberties Union'', , was a United States Supreme Court case in which the Court considered the constitutionality of two recurring 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 Hanukkah menorah, which was placed just outside the City-County Building next to the city's decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case. In a complex and fragmented decision, the majority held that the County of Allegheny violated the Establishment Clause by displaying a crèche in the county courthouse, because the "principle or primary effect" of the display was to advance religion within the meaning of ''Lemon v. Kurtzman'', when viewed in its overall context. Moreover, in contrast to ''Lynch v. Donnelly'', nothing in the crèche’s setting detracted from that message. A different majority held that the menorah display did not have the prohibited effect of endorsing religion, given its "particular physical setting". Its combined display with a Christmas tree and a sign saluting liberty did not impermissibly endorse both the Christian and Jewish faiths, but simply recognized that both Christmas and Hanukkah are part of the same winter-holiday season, which, the court found, has attained a secular status in U.S. society. ==Background== Since 1981, the Holy Name Society of Pittsburgh had placed a crèche on the grand staircase of the Allegheny County Courthouse. In 1986, the county also placed poinsettia plants and two Christmas trees around the crèche. Attached to the manger was an angel carrying a banner, with the words: Gloria in Excelsis Deo! The Pittsburgh City-County Building (serving as City Hall) is separate from the courthouse, and is jointly owned by the city and county. The city has placed a 45-foot Christmas tree in front of the building "for a number of years."〔 In 1986, the city placed a plaque beneath the tree with the mayor's name, entitled "Salute to Liberty." Below the title, the sign stated: "During this holiday season, the city of Pittsburgh salutes liberty. Let these festive lights remind us that we are the keepers of the flame of liberty and our legacy of freedom." Since 1982, the city has also placed a menorah with the Christmas tree in front of the City-County Building. The city does not own the menorah, but places, removes, and stores it each year. The menorah is owned by Chabad House, Pittsburgh's Lubavitch Center. On December 10, 1986, the Greater Pittsburgh Chapter of the ACLU and seven local residents sued the city of Pittsburgh and the county of Allegheny. The lawsuit sought to enjoin the county from displaying the crèche in the courthouse, and the city from displaying the menorah in front of the city-county building. Chabad was allowed to intervene to defend the menorah. The plaintiffs argued that the displays violated the Establishment Clause, applicable via the Fourteenth Amendment.〔(【引用サイトリンク】title=Blackmun opinion )〕 On May 8, 1987, the District Court denied the injunction to remove either the crèche or the menorah. The Court of Appeals for the Third Circuit reversed the district court's ruling, stating that the two displays each violated the Establishment Clause. The county, city, and Chabad all subsequently filed petitions for certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「County of Allegheny v. American Civil Liberties Union」の詳細全文を読む スポンサード リンク
|