The Grinch, AgainDec 7, 2000
A federal lawsuit that inspired a judge to compose a preamble to her decision based on the Dr. Suess story "The Grinch Who Stole Christmas" is back in federal court today, nearly a year after Judge Susan J. Dlott ruled against a plaintiff who wanted Christmas removed from the list of federal holidays. An appeal of her decision in Ganulin v. United States is being argued today before the Sixth U.S. Circuit Court of Appeals in Cincinnati, Ohio. Interestingly, the arguments come at a time when a movie based on the "Grinch" story is the number one box office hit at movie theaters around the country.
Ganulin, a local city government attorney, contends that the designation of Christmas as one of the federal legal holidays is equivalent to an unconstitutional endorsement of Christianity by the government. The Becket Fund for Religious Liberty intervened on behalf of three federal employees, and argued successfully that "while government is forbidden to become an advocate for one or more religions or for religiosity generally, the [Supreme] Court has recognized that religion is part of the fabric of our society and culture, and government need not pretend otherwise." The designation of Christmas as a holiday, The Becket Fund said, simply amounts to "reflect[ing] the culture in all of its complexity," and is Constitutional.
In a decision handed down one year ago, on December 6, 1999, Judge Dlott held that Christmas "does not violate the Establishment Clause," and dismissed Ganulin's lawsuit. He filed a notice of intent to appeal on January 7, 2000, and The Becket Fund filed a brief with the appeals court on May 1, 2000.
Becket Fund attorney Roman Storzer is representing the defendant-intervenors in today's circuit court hearing in Cincinnati. Ganulin v. United States is among a half dozen cases scheduled for argument beginning at 9:00 a.m. in the Sixth Floor East Courtroom, Room 636, at the Potter Steward U.S. Courthouse, 100 E. Fifth Street, Cincinnati, Ohio. Relevant Cases
|
