County of Allegheny v. American Civil Liberties Union facts for kids

Quick facts for kids County of Allegheny v. American Civil Liberties Union
Supreme Court of the United States
Argued February 22, 1989 Decided July 3, 1989
Full case name	County of Allegheny, et al. v. American Civil Liberties Union, Greater Pittsburgh Chapter, et al.
Citations	492 U.S. 573 (more) 109 S. Ct. 3086; 106 L. Ed. 2d 472; 1989 U.S. LEXIS 3468
Holding
Display of the menorah in this setting was constitutional, while the Christian nativity scene in this particular setting was unconstitutional.
Court membership
Case opinions
Majority	Blackmun, joined by Brennan, Marshall, Stevens, O'Connor (Parts III-A, IV, V)
Plurality	Blackmun, joined by Stevens, O'Connor (Parts I, II); Stevens (Part III-B); O'Connor (Part VII); none (Part VI)
Concurrence	O'Connor, joined by Brennan, Stevens (Part II)
Concur/dissent	Stevens, joined by Brennan, Marshall
Concur/dissent	Brennan, joined by Marshall, Stevens
Concur/dissent	Kennedy, joined by Rehnquist, White, Scalia
Laws applied
U.S. Const. amend. I

County of Allegheny v. American Civil Liberties Union was a case heard by the U.S. Supreme Court in 1989. The Court had to decide if two holiday displays on public property in Pittsburgh were allowed by the U.S. Constitution.

One display was a nativity scene (crèche) inside the Allegheny County Courthouse. The other was an 18-foot public Hanukkah menorah. This menorah was outside the Pittsburgh City-County Building next to a large decorated Christmas tree and a sign about liberty. The Christmas tree itself was not part of the lawsuit.

The Court made a complicated decision. They said that the nativity scene inside the courthouse was not allowed. This was because it seemed to promote one religion, which goes against the Establishment Clause. This clause says the government cannot favor any religion.

However, the Court decided that the menorah display was allowed. They felt that because it was placed with a Christmas tree and a "Salute to Liberty" sign, it didn't promote religion. Instead, it showed that both Christmas and Hanukkah are part of the winter holiday season, which has become a non-religious time in the U.S.

What Happened Before the Case?

Since 1981, a group called the Holy Name Society of Pittsburgh had put a nativity scene on the main staircase of the Allegheny County Courthouse. In 1986, the county added plants and two Christmas trees around it. An angel on the nativity scene held a banner saying "Gloria in Excelsis Deo!"

The Pittsburgh City-County Building is a separate building. It serves as City Hall and is owned by both the city and the county. For many years, the city had placed a 45-foot Christmas tree in front of this building. In 1986, they added a plaque under the tree. It was titled "Salute to Liberty" and said: "During this holiday season, the city of Pittsburgh salutes liberty. Let these festive lights remind us that we are the keepers of the flame of liberty and our legacy of freedom."

Since 1982, the city had also placed a menorah next to the Christmas tree. The city did not own the menorah; it belonged to Chabad House, a Jewish center. But the city would put it up, take it down, and store it each year.

On December 10, 1986, the ACLU and seven local people sued the city and county. They wanted the courts to stop the county from showing the nativity scene. They also wanted the city to stop displaying the menorah. Chabad House was allowed to join the case to defend the menorah.

The ACLU argued that both displays went against the Establishment Clause. This part of the Constitution says the government cannot establish or support a religion.

A lower court first said that both displays could stay. But a higher court, the Court of Appeals for the Third Circuit, disagreed. They said both displays broke the Establishment Clause. So, the county, city, and Chabad House asked the Supreme Court to review the case.

The Supreme Court's Decision

The Supreme Court decided that the nativity scene display was not allowed, but the menorah display was.

Here's a simple look at how the Justices voted:

• Nativity Scene: Most Justices agreed that the nativity scene in the courthouse was unconstitutional. They felt it clearly promoted Christianity. Justice Harry Blackmun wrote that it sent a "clearly Christian message."
• Menorah: A different group of Justices agreed that the menorah display was constitutional. Justice Blackmun said that because the menorah was next to a Christmas tree and a "Salute to Liberty" sign, it didn't seem to promote Judaism. Instead, it recognized that both holidays are part of a general winter season.

Some Justices, like Justice Brennan and Justice Stevens, thought both displays were unconstitutional. They believed the menorah, even with the Christmas tree, still promoted religion. Justice Stevens felt it showed the government favoring Christianity and Judaism over other religions.

On the other hand, Justice Kennedy and others thought both displays were constitutional. They believed the displays were simply part of traditional holiday celebrations and did not violate the Constitution.

In the end, the Supreme Court sent the case back to the lower courts. They had to make final decisions based on the Supreme Court's ruling. The nativity scene was ordered to be removed from the courthouse. The menorah, however, was allowed to stay in its specific outdoor setting.

See also

• List of United States Supreme Court cases, volume 492
• List of United States Supreme Court cases
• Lists of United States Supreme Court cases by volume
• List of United States Supreme Court cases by the Rehnquist Court
• Lemon v. Kurtzman (1971)
• Lynch v. Donnelly (1984)
• Pittsburgh Crèche