FW from Rick Duncan: [www.washtimes.com] "Family Sues Schools Ove r Nativity Ban"

[Volokh, Eugene]

> -----Original Message-----
> From: conlawprof at yahoo.com [mailto:conlawprof at yahoo.com]
> Sent: Thursday, December 12, 2002 12:17 PM
> To: VOLOKH at mail.law.ucla.edu
> Subject: [www.washtimes.com] Eugene: I thought you might like
> to forward this to the religionlaw list
>
>
> conlawprof at yahoo.com has sent you an article from The
> Washington Times.
>
>
>
> -----------------------------------------------------------
>
> FAMILY SUES SCHOOLS OVER NATIVITY BAN
>
> Kristina Henderson
> THE WASHINGTON TIMES
>
> -----------------------------------------------------------
>
> A Queens family is suing New York City for discriminating
> against Christians with its public schools holiday display
> policy that bans Nativity scenes while allowing other
> religions' symbols.
>
> The family, supported by the Catholic League for Religious
> and Civil Rights and represented by the Thomas More Law
> Center, filed the lawsuit in Brooklyn's U.S. District Court
> on Monday. They are seeking an injunction against the
> policy.
>
> According to a memorandum distributed by the schools'
> general counsel to the chancellor last year, the policy
> permits secular holiday decorations, including "Christmas
> trees, menorahs and the star and crescent." The memorandum
> also stated if one symbol is displayed, then symbols of other
> "beliefs or customs" should be displayed as well.
>
> Louis Giovino, director of communications for the Catholic
> League, said he does not know why a menorah is considered a
> secular symbol if a Nativity scene is not.
>
> "Menorahs are prominent religious symbols in Jewish
> temples," Mr. Giovino said. "But Nativity scenes are not
> prominent in Christian churches, they are just used as
> decorations. I hope this case sets a precedent and that
> Christians are not going to settle with a Christmas tree as
> their symbol."
>
> The plaintiff is Andrea Skoros of College Point, Queens, who
> is suing on behalf of her sons, Christos and Nicholas Tine.
> While Christos was a first-grader and Nicholas was a
> third-grader last year at Public School 165, known as the
> Edith K. Bergtraum School, the school displayed a menorah and
> a star and crescent, but no Nativity scene. This year,
> Christos' new school, Public School 184, prominently displays
> three menorahs on a table while a 3-foot Christmas tree sits
> on the floor.
>
> Robert Muise, Ms. Skoros' associate counsel, said his client
> is not suing for money.
>
> "It's about a principle," Mr. Muise said. "Ms. Skoros hopes
> that [New York City schools] decide to change their policy on
> their own."
>
> The suit also names the school's chancellor, Joel I. Klein,
> and principal, Sonya Lupion.
>
> Marge Feinberg, a spokeswoman for the city's Department of
> Education, told the Associated Press that the policy does not
> violate the constitutional separation of church and state.
>
> The Supreme Court ruled in similar cases, such as Lynch vs.
> Donnelly and Allegheny County vs. Greater Pittsburgh American
> Civil Liberties Union, that while a religious symbol might
> individually be unconstitutional, its inclusion with other
> secular decorations is not an endorsement of a particular
> religion to the exclusion of others.
>
> For example, the Supreme Court ruled that a Nativity scene
> at the Allegheny County, Pa., Courthouse was
> unconstitutional because it lacked other secular symbols of
> the Christmas season. But it said a menorah on the steps of
> City Hall was acceptable because it was accompanied by a
> Christmas tree.
>
>
> -----------------------------------------------------------
> This article was mailed from The Washington Times
> (http://www.washtimes.com/national/20021212-80863274.htm)
> For more great articles, visit us at
> http://www.washtimes.com
>
> Copyright (c) 2002 News World Communications, Inc. All
> rights reserved.
>
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