ACLU v. Schundler

The Becket Fund defends governments from those who would abuse the Establishment Clause in an effort to make the public square a religion-free zone.  At its inception in 1994, one of the first projects undertaken by the Becket Fund was to send a letter to 400 mayors across the country describing our policy to represent, free of charge, any city that was sued for celebrating its community’s religious holidays with religiously and culturally relevant displays. 

Jersey City mayor Bret Schundler decided to retain us after he was sued by the ACLU for erecting a display of a menorah and crèche on city hall grounds during the holiday season.   Jersey City has a long-standing practice of sponsoring a variety of events and displays celebrating its cultural and religious diversity and intended to do just this with the holiday display.  The New Jersey U.S. District Court, however, ruled that Jersey City’s display was unconstitutional as it was not “neutralize[d]” with secular symbols.  Even after Schundler revised his display to include a sleigh and a Santa Claus and a sign expressing its intent of celebrating the city’s religious diversity, the district court again rejected the display concluding that a reasonable observer would see a government endorsement of religion.

In February 1999, the Becket Fund finally succeeded in overturning this ruling in the U.S. Court of Appeals for the Third Circuit.  Then-judge Samuel Alito found that, in line with Supreme Court precedent, “none of these displays conveyed a message of government endorsement of Christianity, Judaism, or of religion in general but instead ‘sent a message of pluralism and freedom to choose one's own beliefs.’”

In 1997 the Becket Fund honored Brett Schundler with its first ever Canterbury Medal in admiration of his tireless efforts to ensure that his community would be able to freely recognize and celebrate its own religious diversity. 

Media Coverage: 

Rulings conflict on Jersey City decorations (Philadelphia Inquirer, by Jeffrey Gold, February 19, 1999.) 

Jersey City Holiday Display Endorsed by Appeals Court (New York Times, by Robert Hanley, February 19, 1999.)

Appellate panel OKs N.J. city's modified holiday display (First Amendment Center, by Jeremy Leaming, February 19, 1999.)

Playing Reindeer Games (U.S. News & World Report, column by John Leo, December 28, 1998)

Judges hear arguments over N.J. creche constitutionality (Associated Press, as published by the First Amendment Center, August 7, 1998)

Resources & Documents

• ACLU v. Schundler- Detailed Case Narrative (PDF, 16.93KB)

Articles & News Items

• "Menorah and Creche Display Struck Down by Court," January 14, 1997
• "Court of Appeals Upholds Nativity Scene and Menorah at City Hall in New Jersey," February 18, 1999