Question

There is no doubt, of course, that the crèche itself is capable of communicating a religious message. . . . Thus, by permitting the "display of the crèche in this particular physical setting," . . . the county sends an unmistakable message that it supports and promotes the Christian praise to God that is the crèche's religious message. . . . Thus, by prohibiting government endorsement of religion, the Establishment Clause prohibits precisely what occurred here: the government's lending its support to the communication of a religious organization's religious message.

—Justice Harry Blackmun,
Opinion of the Court,
County of Allegheny v. ACLU
1989

According to Blackmun’s decision, why did the crèche display violate the establishment clause?
A) It was located inside a county building.
B) It was not accompanied by a menorah.
C) It celebrated the origin of a religious holiday.
D) It forced county workers to honor a religious figure.

Answer 1

The correct answer is A) it was located inside a county building.

According to Blackmun’s decision, the crèche display violated the establishment clause because it was located inside a county building.

We are talking about the Supreme Case County of Allegheny v. American Civil Liberties Union that was decided on July 3, 1989. The issue was that some Christmas motives were placed in a public building in Allegheny, Pittsburg. It was a creché in the main staircase of a public building and the other display was a Hanukkah menorah outside the City-county building. The court's decision was that the creché placed by the County of Allegheny indeed violated the Establishment Clause. Regarding the Hanukkah menorah, as it was placed next to the Christmas tree, the court found no reason to prohibit it because it did not promote any religion.