Expert: Michael Troy - 12/5/2007

Question
Are chritmas treets and other religious object are on violation of the constitution of separation of church and state?

Answer
Hi Rafael,

First, of course, private ownership or display of such things raise no Constitutional issue.  It is only when government presents such things that the Establishment Clause issue arises.  

The Supreme Court has a rather muddled view of religious icons.  On the one had, a strictly religious symbol such as a Creche is usually found unconstitutional but more secular symbols such as a Christmas Tree or Santa Clause are seen more as a celebration of the secular elements of the holiday and are usually allowed.  The Courts seem more willing to allow displays if they include symbols from multiple relgions, such as a Christmas tree next to a Menorah.

You might want to take a look at this page, which is a good summary of recent decisions:

http://www.llrx.com/features/christmas.htm

Basically, the court has a rather wishy-washy unclear view that makes it very difficult in many cases to determine if a display is Constitutional or not.

I hope this helps!
- Mike