Becket Fund Scores Victory in Holiday Display Case

Jun 23, 2000

(Newark, NJ) — U.S. District Court Judge Alfred M. Wolin today ruled in favor of the Township of Wall, New Jersey and found that "the Township's [holiday] display does not offend the Establishment Clause of the First Amendment." After arriving at that conclusion, Judge Wolin dismissed a lawsuit brought by the ACLU-NJ.

Wall Township was defended in the lawsuit by The Becket Fund for Religious Liberty, which had also successfully defended Jersey City, New Jersey and Mayor Bret Schundler in a similar suit brought by ACLU-NJ. The ACLU had sued Wall Township just one day after its defeat in the Jersey City case.

Judge Wolin referred frequently to the decision by the Third U.S. Circuit Court of Appeals in the Schundler case, noting that "the Christmas display upheld in Schundler II bears unmistakable parallels to the display defended by the Township," although he also found that there were "differences [that] result in the Township's display lying nearer to the constitutional boundary." Much of his decision consisted of an analysis of what a "reasonable observer" would conclude about the nature of the display. And he found that such an observer would not conclude that the display, in its total context, constituted an endorsement of religion by the Township.

Becket Fund President and General Counsel Kevin J. Hasson said that the decision should be welcomed "by all who value and respect our nation's rich cultural heritage, including its religious elements. Clearly, communities like Wall Township can constitutionally celebrate the significance of holidays and observances from Christmas to Hanukkah, St. Patrick's Day to Ramadan, Columbus Day to Passover, and Independence Day to Molly Pitcher Day. By now, after two consecutive defeats on this issue, perhaps even the ACLU-NJ will concede that fact, and move on to other things."

Hasson added that today's decision "should reassure communities all across the country that such holidays can be celebrated constitutionally and in good taste, and that's good news for all of us."

Relevant Cases

• ACLU-NJ v. Township of Wall, N.J.