Americans could soon be celebrating Christmas the way they did decades ago, because of cases the U.S. Supreme Court may decide in 2018 and because of President Trump’s promise to bring “Merry Christmas” back into the American mainstream.
A resurgence of respect for Christianity in politics is already restoring legal standards concerning Christmas. Both of these together could now give the faithful a resurgent role in culture.
The Constitution’s Establishment Clause states: “Congress shall make no law respecting an establishment of religion.” Those words did not prevent Congress from passing a law many years ago recognizing Christmas as a paid federal holiday. However, the Supreme Court in the 1960s adopted a novel reinterpretation of those words, advocating strict separation between faith and public life that has plagued the law ever since.
In 1989 the high court considered the constitutionality of Christmas and Hanukkah displays in Pittsburgh, consisting of a Nativity scene in a county courthouse and a Christmas tree and menorah in the park outside. In County of Allegheny v. ACLU, a narrowly divided 5-4 Supreme Court adopted the “endorsement test.” The court found that government actions touching upon faith violate the Establishment Clause if a “reasonable observer” would conclude the government is endorsing religion. – READ MORE
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