Know Your Rights: The Constitution and the Celebration of Christmas – Dispelling the Myths

For millions of people in this country, Christmas is the celebration of the single-most important moment in the history of the world: the birth of Jesus Christ. For many of those who do not believe or otherwise acknowledge the profound religious nature of Christmas, it is still a time of joy and gift-giving. The holiday is celebrated in churches, family gatherings, parties, and in the public square. It is a precious time that brings communities together in various ways, through worship services, Christmas tree lightings, parades, and the like. Christmas Day is a national holiday.

Unfortunately, during this season, some are keen to claim that the government can have nothing to do with the celebration of Christmas. They argue—wrongly—that because the First Amendment requires the “separation of church and state,” the government must treat the holiday as a purely private affair, allowing for no government acknowledgment or participation. These people complain in editorials, school board meetings, letters to public officials, and—yes—lawsuits.

Although what the government may and may not do is sometimes not clear owing to often conflicting decisions of federal courts, there are nonetheless many statements of law that are clear. The ACLJ’s accompanying White Paper, which is summarized in this post, puts to rest many of the following myths:

Myth No. 1: Because the Establishment Clause requires a total separation of church and state, the government can have nothing to do with Christmas.

As the United States Supreme Court has correctly noted, the Establishment Clause does not “require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any.” Indeed, the Establishment Clause “requires the state to be neutral in its relations with groups of religious believers and non-believers; it does not require the state to be their adversary.”

Myth No. 2: Government cannot allow private religious speech celebrating Christmas on public property.

The United States Supreme Court has consistently ruled that the First Amendment does not allow the government to exclude private religious speech from a public forum based on its religious viewpoint. In addition to “traditional public forums” (such as streets, sidewalks, and parks), the right to free speech applies to other public areas that “the state has opened for use by the public as a place for expressive activity” (such as government buildings, community centers, or other publicly owned facilities). In these public areas, the ability of governing authorities “to limit expressive activities [is] sharply circumscribed.” State officials may not prohibit speakers from these places on the basis of their religious viewpoint unless they demonstrate a compelling government interest for doing so—a tough standard for the government to satisfy. As the Supreme Court has held, “[t]he principle that has emerged from our cases is that the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.”

Myth No. 3: Government can never create or maintain Christmas displays on government property.

The constitutionality of a government display that includes overtly religious components, such as a crèche or menorah, turns on a number of various factors, including the content of the display and its context. What is undeniably true, however, is that the Establishment Clause does not forbid the government from celebrating Christmas by incorporating religious symbols into a larger secular display. It is a myth to suggest that the government can never create or maintain a Christmas display that includes religious themes or objects.

Myth No. 4: A government display of a Christmas tree is an endorsement of religion.

The United States Supreme Court has never said that the government may not display Christmas trees during the holiday season. In fact, the Court has said the opposite: “Although Christmas trees once carried religious connotations, today they typify the secular celebration of Christmas. . . . Numerous Americans place Christmas trees in their homes without subscribing to Christian religious beliefs, and when the city’s tree stands alone in front of the City-County Building, it is not considered an endorsement of Christian faith.”

Myth No. 5: The government cannot use the word “Christmas.”

The idea that government actors cannot use the word “Christmas” is another myth. Christmas is not just a day for Christians to celebrate the birth of Jesus Christ, it is a nationally recognized holiday—like the Fourth of July or Memorial Day—for all citizens to enjoy no matter their religious beliefs. The United States Code specifically identifies “Christmas day, December 25” as a federal holiday.

Myth No. 6: Public schools can never allow the singing of Christmas carols.

While the United States Supreme Court has banned officially sanctioned prayer in school, it has not ruled that public schools must be religious-free zones, including with respect to Christmas. For instance, the Establishment Clause does not prevent the singing of Christmas carols with religious origins by public school choirs. Of course, any student who has ideological or religious objections to participating in a particular performance should be excused from doing so, but a public school is not constitutionally obligated to ban the presentation of religiously themed music at school-sponsored events when there is a secular reason for including such music.

Myth No. 7: Students may not share the story of Christmas in public schools.

While public schools are free to establish reasonable time, place, and manner restrictions on student distribution of literature, federal courts have held that school officials may not suppress the distribution of student-sponsored literature based solely on its religious content or viewpoint. When students are the ones initiating and delivering religious speech about the meaning of Christmas on public school grounds, the Establishment Clause does not even come into play. The First Amendment only sets limits on the actions of the government and public officials, not private speakers, such as students. Any idea that public schools need to keep students from expressing their religious convictions about Christmas based on the Establishment Clause is pure myth.

Conclusion

We hope that the various myths dispelled in the ACLJ’s accompanying White Paper helps clarify the ability of the government to create constitutionally permissible holiday displays and the right of private citizens to celebrate Christmas without governmental interference.

The ACLJ is dedicated to defending your constitutional rights. We have been providing assistance and legal representation, at no cost or charge, to people just like you for decades. If your rights are being violated in this area, please contact us at ACLJ.org/HELP.