Query re creches on govt prop

[Robert O'Brien]

Maule observed and asked:
> >This morning on the news radio it was reported that the a group
> >formed under the auspices of the Roamn Catholic church was going to
> >put a Nativity creche at Independence Hall. The Park Service was
> >quoted by a spokesperson for the group as having stated that it is ok
> >to put a religious exhibition on govt property so long as the govt
> >was not doing so. There also will be a formal dedication ceremony
> >over which the Cardinal will preside.
> >
> >Q1. Is the asserted "rule of law" correct?
> >
> >Q2. What standards apply if another religious group wishes to place
> >an exhibit in the same area? Would the govt then be required to
> >provide "booths" up and down Independence Mall?
> >
> >Q3. Who is responsible for providing electricity, insurance, and
> >security?

Laycock responded:
> If the church, or persons wishing to display a creche,
> are being given preferential access, that is clearly unconstitutional
under
> ACLU v. Allegheny County, 492 US ---  (1989) and under my view of first
> principles.

 The Weinberg offered:
> The answers to your first two questions are, generally and assuming
> Independence Hall is a traditional public forum in other contexts, "yes."
See:
>
> -- Capital Square Review and Advisory Board v. Pinette, 515 U.S. ___, 115
> S.Ct. 2440 (1995)
> -- Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384
> (1993)
> -- Allgeheny County v. American Civil Liberties Union, Greater Pittsburgh
> Chpater, 492 U.S. 573 (1989)
> -- Lynch v. Donnelly, 465 U.S. 668 (1984)

I have not review the other cases, but in regard to _Allegheny County_ it
seems to me that Laycock is right:

"The fact that the creche bears a sign disclosing its ownership by a Roman
Catholic organization does not alter this conclusion.  On the contrary, the
sign simply demonstrates that the government is endorsing the religious
message of that organization, rather than communicating a message of its
own.  But the Establishment Clause does not limit only the religious
content of the government's own communications.  it also prohibits the
government's support and promotion of religious communications by religious
organizations." 109 S. Ct. 3086, 3105 (1989).

Remember that the display in _Allegheny County_  was not in the "gallery
forum," where cultural displays were usually placed.  I do not know whether
Independence Hall is a public forum, like the "gallery forum," or not a
public forum like the Grand Staircase where the Allegheny County creche was
placed.


Robert O'Brien                        West Virginia Wesleyan College
obrien at .wvwc.edu