Public Schools are not Christmas-Free Zones
Constitution Allows a Merry Christmas—Even in Your School Classroom

It’s beginning to look a lot like Christmas – everywhere except in some of Minnesota’s public schools. Too often, overzealous school administrators who misunderstand the laws governing religious activities in the public schools take it upon themselves to ban every sign of Christmas from public schools.

"We believe much of this is the result of misunderstanding or lack of knowledge about the law surrounding separation of church and state," said Northstar Legal Center President Tom Prichard. "In other instances, schools are being intimidated by the fear of lawsuits, even when no grounds for a lawsuit exist."

Here are some guidelines for observances of Christmas in public schools:

In 1980, the United States Court of Appeals for the Eighth Circuit (which includes Minnesota) ruled in Florey v. Sioux Falls School District that students may sing religious Christmas carols in government schools.

However, the purpose of the performance must be the "advancement of the students’ cultural and religious heritage, as well as the provision of an opportunity for performing a full range of music, poetry, and drama that is likely to be of interest to the students and their audience ."

Creche scenes permitted

The United States Supreme Court, in Lynch v. Donnelly, upheld the right of the government to display a creche scene in the context of secular symbols of Christmas, e.g. a Christmas tree, reindeer, Santa Claus, etc. In the context of a government school, the school policy upheld by the Florey decision said that creches, crosses, the Star of David, and other symbols may be used as a teaching aid or resource provided the use is temporary in nature.

Congress and the President "have proclaimed both Christmas and Thanksgiving National Holidays in religious terms," and government workers receive a paid holiday on December 25, which the federal government refers to as "Christmas" (Lynch v. Donnelly). It is not required, therefore, to purge the word "Christmas" from government schools.

For instance, school teachers may read portions of the Bible which relate the Christmas story for the purpose of providing a literary or historical context for the Christmas season but not for religious or devotional purposes.

In the U.S. Supreme Court’s 1980 decision in Stone v. Graham, the Court said, "the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like."

Christmas trees permitted

Christmas trees are permissible because they are a secular symbol of Christmas, e.g. they don’t have religious significance like a cross, nativity scene, or a Menorah. There is no Establishment Clause issue if the items in question are not religious in nature (Allegheny County v. American Civil Liberties Union).

Here again, students have constitutional rights of free speech and free exercise of religion. Students engaging in certain expressions of religious views or beliefs does not mean the government endorses those views. There is no endorsement of religion when schools accommodate student speech on religion. "[T]here is a crucial difference between government endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect," (Board of Education v. Mergens).

The use of religious symbols is permissible when used as a teaching aid. The purpose of the symbol, however, must be educational and not devotional or religious in nature and temporary in use. (Florey).

Minnesota Family Council / Minnesota Family Institute
2855 Anthony Lane South, Minneapolis MN, 55418-3265
phone 612.789.8811, fax 612.789.8858, www.mfc.org