Menorah and Creche Display Struck Down by CourtJan 14, 1997 The Third Circuit Court of Appeals yesterday ruled unconstitutional Jersey City's annual display of a menorah and a nativity scene accompanied by a sign celebrating diversity in the plaza in front of City Hall. The City, represented by The Becket Fund, had contended that this display should be viewed in the context of the City's many cultural displays and events throughout the year, which include a Hindu parade, Buddha Enlightenment Day, Ramadan Observance Month, art and cultural festivals, and flag raisings at City Hall. All displays, including the créche and menorah display, were accompanied by a sign stating "through this display and others throughout the year, the City of Jersey City is pleased to celebrate the diverse cultural and ethnic heritages of its peoples." The Court disagreed, finding instead that the display created "a constitutionally impermissible dual endorsement of Christianity and Judaism."
"We're obviously disappointed with the decision, and Jersey City is determined to seek review in the Supreme Court," said Becket Fund President Kevin Hasson. "The Supreme Court has upheld holiday displays on the grounds that they are cultural celebrations and not endorsements of religion. With all due respect to the Court of Appeals, we believe that Mayor Schundler's efforts to celebrate the diverse cultures and heritages of the people of Jersey City, including people of faith, are permissible under the Constitution and in the finest tradition of our country."
The Becket Fund is a bi-partisan and ecumenical public-interest law firm that protects the free expression of all religious traditions.
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