LYNCH V. DONNELLY
465 U.S. 668 (1984)
NATURE OF THE CASE: Lynch (D) appealed an injunction and an affirmation of that injunction by the Court of appeals in Donnelly's (P) action which challenged the inclusion of the crche in a display sponsored by the government in a park owned by a nonprofit organization on the ground that it violated the Establishment Clause of the First Amendment, as made applicable to the states by the Fourteenth Amendment.
FACTS: Each year the city of Pawtucket, R. I. (D), erects a Christmas display as part of its observance of the Christmas holiday season. The display is situated in a park owned by a nonprofit organization and located in the heart of the shopping district. The display has a Santa Claus house, reindeer pulling Santa's sleigh, candy-striped poles, a Christmas tree, carolers, cutout figures representing such characters as a clown, an elephant, and a teddy bear, hundreds of colored lights, a large banner that reads 'SEASONS GREETINGS,' and the crche at issue here. All components of this display are owned by D. The crche consists of the traditional figures, including the Infant Jesus, Mary and Joseph, angels, shepherds, kings, and animals, all ranging in height from 5' to 5'. In 1973, when the present crche was acquired, it cost the city $1,365; it now is valued at $200. The erection and dismantling of the crche costs the city about $20 per year; nominal expenses are incurred in lighting the crche. No money has been expended on its maintenance for the past 10 years. P sued challenging D's inclusion of the crche in the annual display. The District Court held that the city's inclusion of the crche in the display violates the Establishment Clause. It found that, by including the crche in the Christmas display, the city has 'tried to endorse and promulgate religious beliefs,' and that 'erection of the crche has the real and substantial effect of affiliating the City with the Christian beliefs that the crche represents.' This 'appearance of official sponsorship,' it believed, 'confers more than a remote and incidental benefit on Christianity.' The court found that excessive entanglement has been fostered as a result of the political divisiveness of including the crche in the celebration. D was permanently enjoined from including the crche in the display. A divided panel of the Court of Appeals for the First Circuit affirmed. The Supreme Court granted certiorari.
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LEGAL ANALYSIS:
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